İcâre Akdinin Feshine Etkisi Açısından Hanefîlerde Zarar


TOPAL Ş., KESKİN Z.

Dinbilimleri Akademik Araştırma Dergisi, vol.22, no.1, pp.367-396, 2022 (Peer-Reviewed Journal) identifier

  • Publication Type: Article / Article
  • Volume: 22 Issue: 1
  • Publication Date: 2022
  • Doi Number: 10.33415/daad.1034386
  • Journal Name: Dinbilimleri Akademik Araştırma Dergisi
  • Journal Indexes: Emerging Sources Citation Index, TR DİZİN (ULAKBİM)
  • Page Numbers: pp.367-396
  • Keywords: Islamic Law, Ijarah, Rescission (Faskh ), Damage (Darar), Hanafi school

Abstract

Ijarah, a contract that can be a model for contracts of continuous performance in terms of Islamic obligations law, corresponds to current rental and labour contracts. In this article, the effect of the damage on the rescission of the ijarah contract has been examined in the.anafi school. Although the ijarah contract is intrinsically obligatory, it has been rescinded in some cases. Damage is also a factor in this matter. The purpose of this study is to reveal the connection between the damage and the right of parties to rescind or being the contract defunct within the context of the ijarah contract. Determining the relationship between the reasons for rescission and the damage is vital in guiding the expansion of the conclusions and their application to current issues. In this study, the damage is explained briefly in terms of its effect on the contracts; then, it's requiring and preventing the rescission of the ijarah contract are examined. The document analysis method was preferred in the study, and the nonsystematic data in the sources were brought together and interpreted. According to the data obtained, it has been seen that in cases where the parties have to bear a loss that they have not undertaken by contract, the damage causes the rescission of the ijarah contract. In cases where the rescission of the contract will cause damage, it is an obstacle to the rescission.