A Review on the Reasons for Legal Compliance Under the Legality Prevents Compensation Rule
Küçük Resim Yok
Tarih
2022
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Ataturk Univ
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
The resolution of similar cases according to the same or similar general rules is very important in terms of stability in legal understanding and practice. In this respect, universal rules (basic rules) contribute to the development of legal logic. As of the history of Islamic law, practices and legal works that are the product of this logic have been encountered since the early periods. An important part of these rules are either taken directly from the Kuran and Hadith or they have emerged as the common meaning of the texts. However, these basic rules were subject to a legalization for the first time and comprehensively through Medjelle-yi Ahkam-i Adliyye. These were arranged within the framework of the first hundred articles of the Medjelle, which can be accepted as the most important national code of the Ottomans. Among these, one of the important components of the compensation law in Article 91;legal permissibility (cevaz-i seri) does not create liability. is included. After emphasizing the importance of remedying the damage and the consequences of the tortious act in different articles, it concisely regulates the relationship between the legal permissibility and the compensate of the damage, which is among the reasons for legality. Instead of being directly applied in courts, universal rules have a guiding and opinion-forming effect for judges, practitioners and lawyers.
Açıklama
Anahtar Kelimeler
Islamic Law, Universal Rules, Compensation, Illicit, Permissible
Kaynak
Ilahiyat Tetkikleri Dergisi-Journal Of Ilahiyat Researches
WoS Q Değeri
Scopus Q Değeri
Cilt
Sayı
57
