Özet:

The existence of legal transactions, which have an important place in human life, depends on the presence of statements such as words and writings that show intention. Because intention can only be reflected outwardly using accounts. In Islamic law, in principle, it is accepted that an adult and intelligent person speaks words related to legal acts intentionally. For this reason, the person who claims he pronounced the statement about verbal dispositions by mistake is asked to prove his claim. However, there may be a discrepancy between the statement and the intention, sometimes unintentionally and sometimes intentionally. If there is a discrepancy between the declaration and the intention, does the declaration have legal consequences? In such a case, whether to prioritise the statement or the intention is a controversial issue among jurists. For this reason, in this study, we have focused on the legal value of verbal dispositions that occur by mistake and the views of the sects on the subject. Here, we aimed to determine the approaches of the sects regarding verbal tendencies that arise as a result of mistakes. Thus, in this study, we aimed to reveal the nature and scope of "mistake", its effect on contracts and dispositions, and the views of the jurists on the subject.

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