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İslâm Hukukunda Kullî Kâidelerin Hukukun İslevleri Arasindaki Antinomi/catisma Baglaminda Degerlendirilmesi
2022
Journal:  
Hitit İlahiyat Dergisi
Author:  
Abstract:

Law, as a system that regulates social relations, takes an active part in people's lives. Law rules have an important place among other rules regulating social life. The statement that “Where there is society, there is law” clearly formalizes this fact. Understanding the character of law requires knowing its functions. The main functions of law are to provide justice, organize community life, and achieve practical benefits. The fact that law has various functions makes antinomic appearances inevitable. This brings up the problem of which function should be prioritized when antinomy occurs among the functions of law. In order for the law to achieve its ultimate goal of “realization of justice”, it needs to follow a balanced and harmonious approach between these functions. Law is defined as “a social life order oriented towards justice”. The purpose of law is to reach the idea of justice. Justice cannot always be achieved by people's wishes alone. For this reason, another intervention is required. This intervention means ensuring legal security and expressing an order. Being able to talk about the functions of law to provide justice and to meet social needs, the law must emerge as an order.

Keywords:

Evaluation Of Legal Maxims (al-qawāid Al-qulliyya) Of Islamic Law Among The Functions Of Law In The Context Of Antinomy
2022
Author:  
Keywords:

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Hitit İlahiyat Dergisi

Field :   İlahiyat

Journal Type :   Uluslararası

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