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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Autor principal:	Mustafa Harun KIYLIK
Formato:	article
Lenguaje:	DE EN FR TR
Publicado:	Fırat University 2019
Materias:	islamic law natural disaster action/debt compensation jaiha crop Social Sciences H Social sciences (General) H1-99
Acceso en línea:	https://doaj.org/article/b8878af8ed094d04912a459eb67e7801
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spelling	oai:doaj.org-article:b8878af8ed094d04912a459eb67e78012021-11-24T09:20:46ZTHE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW2148-416310.9761/JASSS6977https://doaj.org/article/b8878af8ed094d04912a459eb67e78012019-08-01T00:00:00Zhttps://jasstudies.com/index.jsp?mod=tammetin&makaleadi=2105768916_18-Yrd.%20Do%C3%A7.%20Dr.%20Mustafa%20Harun%20KIYLIK.pdf&key=28246https://doaj.org/toc/2148-4163People, 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.Mustafa Harun KIYLIKFırat Universityarticleislamic lawnatural disasteraction/debtcompensationjaihacropSocial SciencesHSocial sciences (General)H1-99DEENFRTRJournal of Academic Social Science Studies , Vol 10, Iss 56, Pp 285-305 (2019)
institution	DOAJ
collection	DOAJ
language	DE EN FR TR
topic	islamic law natural disaster action/debt compensation jaiha crop Social Sciences H Social sciences (General) H1-99
spellingShingle	islamic law natural disaster action/debt compensation jaiha crop Social Sciences H Social sciences (General) H1-99 Mustafa Harun KIYLIK THE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW
description	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.
format	article
author	Mustafa Harun KIYLIK
author_facet	Mustafa Harun KIYLIK
author_sort	Mustafa Harun KIYLIK
title	THE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW
title_short	THE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW
title_full	THE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW
title_fullStr	THE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW
title_full_unstemmed	THE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW
title_sort	effect of natural disasters to the sale contract in islamic law
publisher	Fırat University
publishDate	2019
url	https://doaj.org/article/b8878af8ed094d04912a459eb67e7801
work_keys_str_mv	AT mustafaharunkiylik theeffectofnaturaldisasterstothesalecontractinislamiclaw AT mustafaharunkiylik effectofnaturaldisasterstothesalecontractinislamiclaw
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THE EFFECT OF NATURAL DISASTERS TO THE SALE CONTRACT IN ISLAMIC LAW

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