Marife Dini Araştırmalar Dergisi

Yazarlar: Mahmut SAMAR

Konular:Sosyal

DOI:10.33420/marife.460423

Anahtar Kelimeler:Fiqh,Condition,Contracting,Restrictive,Obligations Law

Özet: According to the general theory of Islamic jurisdictions, the conditions, provisions and conclusions of any act are determined by the legal order in accordance with the law-maker or its principles. Nevertheless, when the parties wish to change, regulate or re-determine them, they argue it with the motive. These conditions, in which the parties have cooperated with and act on the tactics, are referred to as restrictive conditions in fiqh terminology. These terms are put forward to borrow or debiture anything other than the provisions and conclusions that the law has established for the contract. Thus, restrictive is part of the freedom of content regulation, which means the identification, reorganization or amendment of the provisions of an accused entity. In this study, the restrictive conditions and the effect of these conditions on the contracts will be examined. In this sense, firstly the concept of condition will be examined in the article. Then, in the doctrine of Islamic law, liberty and its boundaries, which are known to the parties on the restrictive conditions, will be contacted.

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