İslam Hukukunda geçerliliği şahısların icazetine bağlı olan tasarruflar

Abstract

In this research, we dwelled on the verbal disposals, which are up to the permission of the persons according to the Islamic Law. There are various reasons for the fact that any disposal is not directly valid itself, but it needs permission in order to be valid. After giving the general information about the permission concept in the first chapter, taking the rest of our subject in three other chapters. In the second chapter, we searched the disposals which are up to the permission for the reason that also have rights on the possessed thing. In the third chapter we took in hand the disposals which are up to permission for that one of the parties has got no authority for representation in the corresponding disposals. In the fourth chapter we took in hand the disposals which are up to permission for that depravity occurs in the formation of the will power and compotency is lacking. In our research we used not only the classical books of the Muslim Canonical jurisprudence but the books of the contemporary Islamic lawyers and modern lawyers as well in order to take in hand the subjects in a comparative way. Especially, we tried to state the considering articles of the Turkish civil and Obligation Laws.