TITLE

Ä°RADE BEYANINDA KÄ°P SORUNU

AUTHOR(S)
Ari, Abdüsselâm
PUB. DATE
September 2003
SOURCE
Ekev Academic Review;Fall2003, Vol. 7 Issue 17, p167
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Will is the basis of any legal action, and has a value after it is expressed. The modes employed in expressing the inner will to not signify the legal action mode with the same certainty and clarity. Since the definite past tense is the mode in which will is reflected in the most certain and clearest form, it is preferred by the Islamic jurists. In the fiqh resources, it is stated that it is possible to perform a legal action through other modes which undoubtedly signify will. Language is a common property of a society. Therefore, customs (örf) should be consulted in determining which modes are used to express the will should form the basis of a legal action. Indeed, Koran or Sunnah does not contain any nass (Koranic rule) requiring the usage of a certain mode in expressing will. According to the canons of Islamic law, customs is one of means of judgment when there is no nass on the subject.
ACCESSION #
17660554

 

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