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Course Title: |
ISLAMIC LAW II |
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Course Code: |
İLA3021 |
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Type of Course: |
Compulsory |
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Level of Course: |
First Cycle |
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Year of Study: |
3 |
6 |
Semester: |
5 |
7 |
ECTS Credits Allocated: |
3 |
8 |
Theoretical (hour/week): |
2 |
9 |
Practice (hour/week) : |
0 |
10 |
Laboratory (hour/week) : |
0 |
11 |
Prerequisites: |
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Recommended optional programme components: |
None |
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Language: |
Arabic |
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Mode of Delivery: |
Face to face |
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Course Coordinator: |
Doç. Dr. M.SALİH KUMAŞ |
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Course Lecturers: |
Prof. Dr. Ali KAYA, Prof. Dr. H. İbrahim ACAR, Doç. Dr. Abdurrahim KOZALI, Dr. Öğr. Üyesi Eren GÜNDÜZ |
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Contactinformation of the Course Coordinator: |
Dr. Öğr. Üyesi M. Salih KUMAŞ msalihkumas@uluda.edu.tr 0 533 331 43 80 Uludağ Üniversitesi İlahiyat Fakültesi-60 289 |
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Website: |
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Objective of the Course: |
Teaching the basic concepts, theories and principles in the field of law of property and obligations in Islamic Law |
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Contribution of the Course to Professional Development |
To be able to make a fiqh evaluation of the subjects in the field of property and obligations law in daily life |
Week |
Theoretical |
Practical |
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Subjects of property law; Possession, real right, ibâha, law and milk (ownership) concepts.
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The concept of ownership; its description, features, subject and scope.
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The concept of goods; its description, scope and parts. Acquisition and loss of ownership, limitation of ownership rights.
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Types of Ownership: Ayn-benefit-deyn ownership, intellectual / industrial ownership, private ownership, land ownership, foundation ownership, state ownership, public ownership, one person's ownership, collective ownership.
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Limited real rights; usufruct, easement and pledge rights.
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The Concept of Debt; its description, elements, parties, subject and reason. Legal act and legal event concepts. Provision, termination and passing of the debt to someone else.
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Unilateral will and contract from the sources of debt: description of the contract, terms of establishment, parties and the concept of legal representation. Declaration of will, subject of the contract. Validity (sıhhat), enforcement (nafaz) and binding (necessary) conditions of the contract, types of optionality.
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Personal conditions put forward during the establishment of the contract; Ta'lik, idafa and takyid conditions. Types of contract, butlan and fasad theory. Contract freedom and limitation; The concepts of profiteering, expropriation, shuf'a and narh. Termination of contract: termination, substitution, termination and dissolution concepts.
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Gratuitous enrichment from debt sources: Definition, elements and states of gratuitous enrichment.
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Tort from sources of debt: Definition, elements and types of tort. Tort against individuals and tort against property. Liability law: Criminal, legal, contractual and non-contractual liability: Strict liability, fault liability. The concepts of direction and indirection.
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Special debt relations: Bey', salam, ıstısna, ariya, grant, idjara, sarf.
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Private debt relations: Karz, vadia, shuf'a, pledge, surety, proxy and hawala.
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The concept of shirka (partnership) and the types of shirka: Sharika al-amvâl, sharika al-abdân / a'mâl, sharika al-wujuh, mufavada, inan, muzaraa, musaqat and mugharasa concepts.
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Mudaraba partnership as an interest-free finance method, its general provisions and its reflections on commercial life.
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