THE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES

In Islamic law donation contract describe assigning one without any charge to adverse party. This description denote that if there is not exist any charge, donation, as a principle, is one of the kind of a grant contract. When canonists examine the act of donation, they study on one hand the model o...

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Autor principal:	Ayhan HIRA
Formato:	article
Lenguaje:	DE EN FR TR
Publicado:	Fırat University 2019
Materias:	islamic law contract abolition obstacle donation Social Sciences H Social sciences (General) H1-99
Acceso en línea:	https://doaj.org/article/b7cea7dba9414f00be2a2dfcc6b1b72d
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spelling	oai:doaj.org-article:b7cea7dba9414f00be2a2dfcc6b1b72d2021-11-24T09:20:45ZTHE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES2148-416310.9761/JASSS7126https://doaj.org/article/b7cea7dba9414f00be2a2dfcc6b1b72d2019-08-01T00:00:00Zhttps://jasstudies.com/index.jsp?mod=tammetin&makaleadi=578230114_18-Yrd.%20Do%C3%A7.%20Dr.%20Ayhan%20H%C4%B1ra.pdf&key=28363https://doaj.org/toc/2148-4163In Islamic law donation contract describe assigning one without any charge to adverse party. This description denote that if there is not exist any charge, donation, as a principle, is one of the kind of a grant contract. When canonists examine the act of donation, they study on one hand the model of sales contract on the other hand they try to distinguish donation from the other type of grant contract. Because the existence of many sayings of the prophet Muhammad which makes earthly and ethereal explications about the subject and which determine some provisions, necessitate to separate donation qualified transactions from each other. Thus, the limits of the donation contract are determined while restricting the meaning of donation. These efforts ensure the practice of donation contract become coherent and meaningful in it. On the other side, in the classical sources it has been coincided some explications with the purpose of interpret the grant contract as part of donation by assigning a large meaning on it and so creating a comprehensive headline. According to most of canonist not withdraw from a donation is essential but the opposite is exceptional. Withdraw from donation of a father to his son explain the practice of the exceptional situation. But the Hanafis defend the opposite. Because according to them the Prophet Muhammad’s sayings about this subject are not juridical, they have moral sanction. It must be provide some conditions for withdraw from the donation. Absence of these conditions causes certain situations which pose an obstacle for the withdrawing from donation. These situations exist more in the Hanafi sources. In this study, on the basis of classical sources, the approach of religious sect about withdrawing from donation, their vision about in which situation the withdrawing can be practicable will be examined.Ayhan HIRAFırat Universityarticleislamic lawcontractabolitionobstacledonationSocial SciencesHSocial sciences (General)H1-99DEENFRTRJournal of Academic Social Science Studies , Vol 10, Iss 58, Pp 237-250 (2019)
institution	DOAJ
collection	DOAJ
language	DE EN FR TR
topic	islamic law contract abolition obstacle donation Social Sciences H Social sciences (General) H1-99
spellingShingle	islamic law contract abolition obstacle donation Social Sciences H Social sciences (General) H1-99 Ayhan HIRA THE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES
description	In Islamic law donation contract describe assigning one without any charge to adverse party. This description denote that if there is not exist any charge, donation, as a principle, is one of the kind of a grant contract. When canonists examine the act of donation, they study on one hand the model of sales contract on the other hand they try to distinguish donation from the other type of grant contract. Because the existence of many sayings of the prophet Muhammad which makes earthly and ethereal explications about the subject and which determine some provisions, necessitate to separate donation qualified transactions from each other. Thus, the limits of the donation contract are determined while restricting the meaning of donation. These efforts ensure the practice of donation contract become coherent and meaningful in it. On the other side, in the classical sources it has been coincided some explications with the purpose of interpret the grant contract as part of donation by assigning a large meaning on it and so creating a comprehensive headline. According to most of canonist not withdraw from a donation is essential but the opposite is exceptional. Withdraw from donation of a father to his son explain the practice of the exceptional situation. But the Hanafis defend the opposite. Because according to them the Prophet Muhammad’s sayings about this subject are not juridical, they have moral sanction. It must be provide some conditions for withdraw from the donation. Absence of these conditions causes certain situations which pose an obstacle for the withdrawing from donation. These situations exist more in the Hanafi sources. In this study, on the basis of classical sources, the approach of religious sect about withdrawing from donation, their vision about in which situation the withdrawing can be practicable will be examined.
format	article
author	Ayhan HIRA
author_facet	Ayhan HIRA
author_sort	Ayhan HIRA
title	THE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES
title_short	THE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES
title_full	THE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES
title_fullStr	THE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES
title_full_unstemmed	THE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES
title_sort	fundamental approaches on topic of returning from the donation in classical fiqh resources
publisher	Fırat University
publishDate	2019
url	https://doaj.org/article/b7cea7dba9414f00be2a2dfcc6b1b72d
work_keys_str_mv	AT ayhanhira thefundamentalapproachesontopicofreturningfromthedonationinclassicalfiqhresources AT ayhanhira fundamentalapproachesontopicofreturningfromthedonationinclassicalfiqhresources
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THE FUNDAMENTAL APPROACHES ON TOPIC OF RETURNING FROM THE DONATION IN CLASSICAL FIQH RESOURCES

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