THE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW
People, who are a social being by definition, usually make needs through contracts with each other. The contract type found the most application area among these contracts is the sale contract. In Islamic law the sale contract has been handled in a special way, and the elements that could be damaged...
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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/b8878af8ed094d04912a459eb67e7801 |
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| Sumario: | People, who are a social being by definition, usually make needs through contracts with each other. The contract type found the most application area among these contracts is the sale contract. In Islamic law the sale contract has been handled in a special way, and the elements that could be damaged have been explained as well. It has not been neglected how a number of incidents that develop independent of the imperfections of contracts parties would affect the contract. Natural disasters, one of these situations, have also been handled in an independent manner under the heading "jaiha", as expressed by the concept of "heavenly disaster". It has also been mentioned that natural disaster types were mentioned themselves. Although some jurists have added some situations in which human beings are concerned to the concept of "jâiha", this concept has been used in response to the natural wonders of agricultural products. Particularly in the classical Islamic Law literature, it has been processed the conclusions on many contracts of natural disasters at every stage of the contract. Since this work is about the sale contracts, the parts of Islamic Law sources except the classical period will be kept out of this study. In this sense it will be explained the subjects such as what meanings are applied by Islamic lawyers to the concept of jaiha which expresses agricultural disasters, and what kind of harm should be affected if it affects the sales contract of such kind. In addition, the impact of natural disasters on sales contracts in general will be handled by considering each stage of the contract. In the meantime, it will be handled the opinions of the sects separately as far as possible and will be tried to be presented the similar and the different aspects of these views. |
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