ACCORDING TO HANAF╬ JURISTS THE CONCEPT OF PROPERTY

Abstract

Author(s): Mehmet ERG├ťN

As it is known, property is a concept of law which have a material value by humans and which can be subject to real rights/properties, legal transactions and compensations. “?n this context one of the issues/proplems that are the subject of discussion among Islamic jurists is the property concept, its nature and what is covered by the property.” According to the majority lawyers (cumhûr), the rights and benefits are within the scope of the property. Accor ding to the Hanafis, the rights and benefits were not considered within the scope of the property. This article aims to evaluate the concept of property according to Hanafi lawyers by benefit from of Roman and Turkish positive law concepts and systematics. And more importantly, it aims to critically evaluate the views of the Hanafians about the rights and benefits are not within the scope of the property.

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