FORCE MAJEURE IN ISLAMIC LAw

Abstract

Author(s): Mehmet ERGN

As it is known, except for usurpation in Islamic law, one of the reasons that remove the responsibility of the tort-feasor is the force majeure. There is no obligation to compensate for damages caused by force majeure where there is no fault of the person, which cannot be foreseen and avoided and cannot be opposed. Force majeure may be caused by natural disasters or the source of itself may be human. In this context; earthquake, flood, severe wind, hurricane, fire, landslide, lightning fall, frost, war, coup and terror events such as the emergence of precautionary measures arising from the external factors that are irresistible reasons; interrupts the causal link between the act and the damage and eliminates the responsibility. In this study; the force majeure issue will be examined in detail in terms of the reasons that affects or removes responsibility in Islamic law by using the literature and systematics of Islamic law, Turkish positive law and Roman law

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