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- Title
İSLAM HUKUKUNDA MAĞDURUN RIZASININ HUKUKA AYKIRILIĞA ETKİSİ VE SORUMLULUK BAKIMINDAN SONUÇLARI.
- Authors
Ekşı, Ahmet
- Abstract
Legal order protects the rights people have, in accordance with their own will. Their rights, in principle, could not be protected in a way contrary to their will. Therefore for any legal act to take effect on rights and any legal effects to emerge, a will shall be expressed in this way. For this reason legal acts taking place in violance of the right owner's will whether unilateral or multilateral, are deemed contrary to the law. On the other hand people's using the rights which they do not have the legal permission to use is also held contrary to the law. Because in this case there amerges a "use without legal permission". Then another condition for legal transactions to take effect is their compliance with the right owner's consent.
- Subjects
CONSENT (Islamic law); CRIME victims; ISLAM &; justice; JUSTICE administration (Islamic law); VIOLENCE (Law); LEGAL liability
- Publication
Journal of Islamic Law Studies, 2011, Issue 17, p347
- ISSN
1304-1045
- Publication type
Article