Abstract
The Factors That Legal Viewed Sales Procedures Making Objectıonable In Terms of Religious Rule In İslamıc Debit Law
Some contracts, transactions, sales and similar transactions are carried out by individuals in order to meet the needs in daily and social life. In the Quran and Sunnah, the principles to be obeyed and avoided in commercial transactions are outlined in general terms, but details are not included. In this respect, the principle of freedom of contract is dominant in the Islamic debit law. As long as people don’t violate the orders and prohibitions of the religion and don’t contradict the general principles and purposes, they can make contracts as they wish. In this direction, it is seen that some conditions are put forward by the schools of fiqh in order for the contracts to gain legal existence and produce their consequences, except for secondary differences, taking into account the orders, prohibitions and general principles in the Quran and Sunnah. Although a contract/sale that meets all the necessary conditions has legal consequences ın some cases, it may cause a result that requires an extraterrestrial liability if it is applied for a reason other than the contract. The conflict in question arises from the difference in nature between the criteria by which legal and religious validity are determined according to them. Therefore, a sale transaction has gained legal entity, ıt does not lead to the conclusion that the transaction in question is also valid in otherworldly terms. Revealing the reasons other than the contract that causes a type of sale that has all the conditions in terms of contract to be deemed inherently objectionable, will keep a distance from these types of sales and the like in commercial life. In addition, the determination of the aforementioned reasons has an up-to-date importance in terms of revealing the otherworldly provision of the new types of sales that may arise or may arise according to the need today and in the future. In this article, the types of sales that are legally legitimate in accordance with the Islamic law of obligations and prohibited in terms of the religious provision are tried to be revealed, then the factors that make the said sales transactions inherently objectionable are identified and evaluated.
Keywords
İslamic Debits Law, Contract, Sales, Legally, Religiously.
