Browsing by Author "Topal, Sevket"

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Protections and Supervisions of Childrens Who Are Inadequate by Themselves With Regard To Competence of Trusteeship and Guardianship in Islamic Law
(Dinbilimleri Akad Arastirma Merkezi, 2006) Topal, Sevket
Consisting of various reasons, childrens need for the protections and supervisions of adults. This neccessity may appear because of the legal obligation or biological inadequacy. So, protections and supervisions of childrens who are inadequate by themselves are legal obligation on their representatives. Basically, these functions which are related to childrens are performed by their parents. However, all of the childrens haven't got same chances in these matters. Therefore, their protections and supervisions are ensured by adults or legally. In these topics, a great many law codes are issued by Islamic lawmakers. In this respect, childhood are classified a few separate periods in Islamic Law. According to Islamic Law, their individual attentions and legal affairs should executed by their trusteeships and guardianships, in this period. So, in Islamic Law, while the guardianship (walayah) was appearing on the field of individual affairs, the trusteeship (wasayah) was related to goods and financial affairs, in general. But this separation doesn't regard a superiority between the guardianship and the trusteeship. Because these functions carry out behalf on useful to childrens in Islamic Law.
Some Orders in Islamic Law Concerning Market
(Dinbilimleri Akad Arastirma Merkezi, 2005) Topal, Sevket
In Islamic Law, harmony and stability in economic life were given prime concern, and so many protective regulations were made by means of pricing policies in order to establish a stable and sustainable economic life. In this way, interests of producers as well a consumers and the interests of entire society were given equal priority and treated equally under the Islamic Law. In Islamic Law, regulations concerning economic order can be categoried the regulations related to goods and services mentioned in the contract, regulations related to the protection of interests of the parts in the contract, and regulations related to problems risen after the contract. Islam did not only made regulations concerning market order but also supported these regulations on ethical ground in order to maintain an effective economic system.