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İSLAM HUKUKUNDA MALLA İLGİLİ SULH ANLAŞMASI
2013
Journal:  
Gümüşhane Üniversitesi İlahiyat Fakültesi Dergisi
Author:  
Abstract:

Magistrate aggrement on financial issues of islamic law is the resolution of the conflicts peacefuly between people related to goods for various reasons by mutual aggrement of parties. God on Quran indicate that there is great goodness on magistrate. The prophet also said that magistrate is permissible without making lawful(helal) unlawful(haram) and making unlawful(haram) lawful(helal) and he encouraged the people about their conflicts to resolve peacefully. Muslims strive to resolve their conflicts peacefully as far as possible by obeying these orders. In this sense it is recommended to solve the conflicts by magistration. Even, in the Ottoman practice, magistrates councils established neighborhoods, through the magistrates' court cases, the parties were advised of mutual agreements. Thus, a substantial portion of cases, resolved through settlement, eventually the parties to each other not as enemies, but as friends separated. Both among the individuals and in the community in ensuring comfort and peace, in developing and revivaling of economic and social life, there is an important contribution of Labor Contract Magistrate of islamic law. Covenants contained in cases related to the goods changing hands, while magistrate, the important point to note is the prohibition of interest.

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