Author
CAKIR, Abdullah
Publication Place
Çankırı Karatekin University -
Çankırı Karatekin University
Subject
Darulhadis Journal of Islamic Studies, 2023-12 (5), p.109-143
Type
Book
Language
ara,eng
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 2792-0755, EISSN: 2792-0755, DOI: 10.61216/darulhadisdergisi.1384597
Record ID
cdi_doaj_primary_oai_doaj_org_article_42b36997a92c4db6b4a90327451e4e5b
Library Location
DOAJ Directory of Open Access Journals
Notes
Damage to property and life may occur when buildings are damaged or collapsed in an earthquake. According to Islamic law, those responsible for these damages should be discussed in terms of Islamic law and the resulting religious information should be made available to people. Otherwise, due to lack of knowledge or misinformation, those responsible may not be aware of their religious responsibilities, which may cause people to behave incorrectly and face unexpected, undesirable consequences, especially in the afterlife. Accordingly, the article discusses the responsibility for the damage suffered by buildings in the earthquake from the perspective of Islamic law. One of the main benefits of the research, which shows its importance, is that it contributes to the problem of compensation for damages by determining who is responsible for the damages caused by buildings during an earthquake. The aim of the article is to raise awareness of religious responsibility among stakeholders in building construction and to motivate them to build earthquake-resistant buildings, thus preventing the damages that may occur in earthquakes as much as possible. While discussing the subject, first of all, the sources were accessed by following the documentation method, the opinions and evidence in these sources were analyzed, and the provisions were tried to be determined according to the fiqh rules using inductive and deductive methods. As a result, it has been found that those who affect the durability of the building with an illegitimate act during the construction phases of the building and cause the building to become vulnerable to earthquakes are responsible for the damages caused by the earthquake to the property and lives inside and outside the building, and if there is no such situation, the responsibility belongs to the owners of property and lives. In an earthquake, damage to property and life can occur with the damage or collapse of buildings. The persons who are responsible for these damages should be discussed scientifically according to Islamic law and the religious information about the responsible persons should be presented to the service of people. Otherwise, due to lack of information or false information, those responsible people may not be aware of their responsibilities, which may cause people to behave incorrectly and encounter unfavorable results, especially in the hereafter. Based on this, the article deals with the responsibility for the damages to property and life, which are caused by the buildings and damages to buildings themselves in the earthquake from the point of view of Islamic law. These explanations refer that one of the leading benefits of the study, which shows the importance of the study, is that it makes a substantial contribution to the solving problem of compensation of the damages occurred by the building in the earthquake by determining who is responsible and what is the extent of the responsibility. The aim of the article is to motivate those who are stakeholders in building construction to build earthquake-resistant buildings by providing them with an awareness of religious responsibility, thus to prevent the damages that will occur in the earthquake as much as possible. While dealing with the subject, first of all, the sources were reached by following the documentation method, then the opinions and their evidence in these sources were analyzed and the fiqh provisions were tried to be determined by inductive and deductive methods. As a result, it was found that the persons who caused the building to be indurable to the earthquake by affecting the durability of the building with an illegal act during the construction stages of the building were responsible for the damages caused by the earthquake in the building, the properties and lives inside and outside the building, and if there is no such situation, the responsibility will belong to the owners of the property and life.
Detaylı Başlık
İslam Hukuku Açısından Depremde Oluşan Zararlarda Tazmin Sorumluluğu
