EVALUATION OF ISLAMIC LAW SYSTEM ACCORDING TO SEPARATION OF PRIVATE LAW- PUBLIC LAW AND PERSONAL RIGHT-REAL RIGHT
There are many views on the definition and distinction of the concept of right which forms the basis of legal thought. In order to establishment law which aims to provide social justice and harmony in society on a well-built philosophical ground, concept of right must be analyzed in a healthy way. T...
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| Formato: | article |
| Lenguaje: | DE EN FR TR |
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Fırat University
2019
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| Acceso en línea: | https://doaj.org/article/94225565bcb847b1b1e97ed44692098d |
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| Sumario: | There are many views on the definition and distinction of the concept of right which forms the basis of legal thought. In order to establishment law which aims to provide social justice and harmony in society on a well-built philosophical ground, concept of right must be analyzed in a healthy way. Therefore, many jurists have evaluated concept of right and have pointed out different classifications and types of the basis of right. The most evident of these classifications is the one which relies on the distinction of private law-public law and personal right-real right. Fiqh, which determines the religious values of Muslims’ behavior carried out the activities basically under the names of two categories; fiqh and usûl(procedures). As a result of these activities, a rich literature has come out; fiqh has obtained its unique structure. Substantive fiqh is |
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