İslâm Hukuk Düşüncesinde Özel Mülkiyet Anlayışı

Authors : HASAN HACAK

Pages : 99-120

Doi:10.15370/muifd.94056

View : 24 | Download : 33

Publication Date : 2014-01-29

Article Type : Research Paper

Abstract :There are disputes on the nature of property that is adopted by Islamic sacred texts insert ignore into journalissuearticles values(the Qur’an and the Sunnah); and Islamic legal thought, and on the kind of equilibrium that has been established between private and collective ownership. This article analyses the nature of property on the basis of Islamic sacred texts and Islamic legal thought. For this purpose, evidences for the concept of private ownership will be analyzed together with the evidences for God’s absolute sovereignty over universe. It will be argued that because of the harmful nature of collective ownership for the society, private property is adopted. The article also analyses the classical approaches that justify private property from the viewpoint of Islamic jurisprudence and economics and modern theories which argue that the concept of property that was adopted is individual or collective.
Keywords : Mülkiyet, milk, özel mülkiyet, kolektif mülkiyet, Tanrõ mülkiyeti, metafizik sözleşme, zimmet, ibâha, sosyal görev fonksiyon teorisi, Leon Duguit