TITLE

İSLÂM BORÇLAR HUKUKUNDA DOĞRUDAN OLUMSUZ EDİMİN SÖZLEŞMEYE KONU OLMASI SORUNU

AUTHOR(S)
Türcan, Talip
PUB. DATE
January 2003
SOURCE
Ekev Academic Review;Winter2003, Vol. 7 Issue 14, p93
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In this study, the question of principal negative performance as a subject of contract is investigated from the islamic law perspective. The performance is a liability obligated by each of two parties in a relation of obligation which is required to be performed for each other. As for the negative performance, it is an 'obligation not to do' or an 'obligation to for- bear'. By the term of principal negative performance, we mean that the negative performance is made the essential obligation in a relation of obligation. The classical doctrine of the islamic law has not developed any technical term to state the concept of performance. Therefore, there is not any term for the concept of negative performance. However, this reality does not mean that the concept of negative performance is not recognized in the islamic law. As a matter of fact, in the classical literature, there are many examples concerned with the principal negative performance in both kinds of not-doing and forbearance. The examples in question are much more in the Mâlikî doctrine in respect to the other law schools. Consequently, principal negative performance's being subject to the contract is also law-fill according to the islamic law within the certain principles.
ACCESSION #
17561871

 

Related Articles

  • The Rights and Obligations of Spouses in Islamic Classic Law. Lamce, Juelda // ILIRIA International Review;2013, Issue 2, p183 

    Islamic Law, the third largest global legal system, next to Civil Law and Common Law, has been far -back subject of an increased interest to the academics. Its main peculiarity is the absorption of theology in the law. There is no clear borderline between juridical and religious regulation. For...

  • قراءات نقدية في بعض الأحكام العامة للعقود في القانون المدني الأردني. هياجنه, عبدالناصر زياد; العدوان, أشرف إسماعيل // Dirasat: Shar'ia & Law Sciences;2013, Vol. 40 Issue 2, p394 

    The Jordanian legislator regulates the general rules of contract as a source of obligations in articles 87-249 of the Jordanian Civil Code. However, this regulation suffers from certain defects in many points. The aim of this study is not to provide explanation of the general rules of contracts,...

  • Hadislere Göre Namazda Kahkaha ile Gülmenin Abdeste Etkisi. Kahraman, Hüseyin // Review of the Faculty of Theology of Uludag University;2010, Vol. 19 Issue 2, p73 

    The ablution is religious cleanliness. This cleanliness is commanded in Surah el-Maida 5/6 in the Qur'an. This verse, at the same time, indicates the ablution's obligations. But the juristic schools differ in these obligations. There are some differences between schools also in which cancels the...

  • Hadislere Göre Karşı Cinse Dokunmanın Abdeste Etkisi. Kahraman, Hüseyin // Review of the Faculty of Theology of Uludag University;2010, Vol. 19 Issue 1, p69 

    The ablution is religious cleanliness. This cleanliness is commanded in Surah el-Maida 5/6 in Quran. This verse, at the same time, indicates the ablution's obligations. But the juristic schools differ in these obligations. There are some differences between schools also in which cancels the...

  • OSMANLI'DA BÄ°R PADÄ°ÅžAH HOCASININ FAKÄ°H YÖNÃœ: VÂNÃŽ MEHMED EFENDÄ°'NÄ°N FIKIHLA Ä°LGÄ°LÄ° RÄ°SALELERÄ°NÄ°N DEÄžERLENDÄ°RÄ°LMESÄ°. Kozali, Abdurrahim // Journal of Islamic Law Studies;2009, Issue 14, p233 

    In this article, a savant of Ottoman period, Vani Mehmed Efendi, who is known as a preacher and the teacher of Sultan IV. Mehmed is examined based on his booklets about Islamic law / fıqh. Though he wrote eight booklets concerning Fiqh, we paid attention here especially to four of them of...

  • Agency Theory in Islamic Perspective. Jam, Farooq Ahmed; Hijazi, Syed Tahir; Qureshi, Tahir Masood; Hussain, Farooq // Interdisciplinary Journal of Contemporary Research in Business;Aug2010, Vol. 2 Issue 4, p308 

    The study highlights the agency problems being discussed in agency theory literature, reviewing literature from several different contexts used by researchers to explain agency problems, a model explains how agency literature helps to solve agency problems. An Islamic model explains how agency...

  • La finance islamique est-elle à l'abri de la crise financière globalisée ? Jawadi, Fredj // Revue des Sciences de Gestion;2012, p123 

    This paper focuses on the study of Islamic finance and its development prospects, relative to those of conventional finance during the current globalized financial crisis. We analyze, first, the opportunities of Islamic finance products and their exposure to risk at this time of financial...

  • Hadislere Göre Cinsel Organa Dokunmanın (Messü'l-Ferc) Abdeste Etkisi. Kahraman, Hüseyin // Review of the Faculty of Theology of Uludag University;2010, Vol. 19 Issue 1, p111 

    The ablution is religious cleanliness. This cleanliness is commanded in Surah el-Maida 5/6 in Quran. This verse, at the same time, indicates the ablution's obligations. But the juristic schools differ in these obligations. There are some differences between schools also in which cancels the...

  • GUIDE TO SHARI'AH-COMPLIANT INVESTMENT AND FINANCIAL TECHNIQUES.  // Middle East;Oct2006, Issue 371, p41 

    The article offers information on a variety of Shari'ah compliant instruments used by Islamic banks for financial transactions. Murabaha is a resale contract, where the bank purchases equipment or tangible goods on the client's behalf and then sells them to the latter at a 'mark-up' (i.e. profit...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics