Özet:

It is known that obligation in Islamic law and positive law requires a variety of conditions both for the obligant and the act. The basis of obligation of an obligant is based on legal capacity. Obligation is considered to involve two parts, namely the capacity to have rights and the capacity to act. While the foundation of the capacity to have rights is based on to be alive, the capacity to act is evaluated according to the conditions such as mental capacity, come of age, puberty, discretion and disability. To be obligant for an action requires the conditions of feasibility and awareness of the act. The condition of feasibility means that the act claimed to be performed is potentially reasonable and practicable. This article will examine through scientific methods the doctrine discussions, legislations and case-laws concerning the subject of act in Islamic law and positive law. We will evaluate whether not knowing positive or Islamic law constitute an excuse for people not to be obligant by putting forward its own resources and examining the results obtained with a comparative method.

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