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E-Jurnal
İSLÂM HUKUKUNDA İRADE BEYANINDA YAPILAN HATANIN SÖZLÜ TASARRUFLARA ETKİSİ İLE İLGİLİ GÖRÜŞLER . E-Jurnal
The existence of legal transactions, which have an important place in human life, depends on the presence of
statements such as words and writings that show intention. Because intention can only be reflected outwardly using
accounts. In Islamic law, in principle, it is accepted that an adult and intelligent person speaks words related to legal
acts intentionally. For this reason, the person who claims he pronounced the statement about verbal dispositions by
mistake is asked to prove his claim. However, there may be a discrepancy between the statement and the intention,
sometimes unintentionally and sometimes intentionally. If there is a discrepancy between the declaration and the
intention, does the declaration have legal consequences? In such a case, whether to prioritise the statement or the
intention is a controversial issue among jurists. For this reason, in this study, we have focused on the legal value of
verbal dispositions that occur by mistake and the views of the sects on the subject. Here, we aimed to determine the
approaches of the sects regarding verbal tendencies that arise as a result of mistakes. Thus, in this study, we aimed to
reveal the nature and scope of "mistake", its effect on contracts and dispositions, and the views of the jurists on the
subject.
Ketersediaan
P67897 | 2X4.591 | Tersedia namun tidak untuk dipinjamkan - Hilang |
Informasi Detil
Judul Seri |
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No. Panggil |
2X4.591
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Penerbit | Journal of the Faculty of Divinity o CukurovaUniversity : ., 2023 |
Deskripsi Fisik |
p 38-52
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Bahasa |
Indonesia
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ISBN/ISSN |
2564-6427
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Klasifikasi |
2X4.591
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Tipe Isi |
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Tipe Media |
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Tipe Pembawa |
-
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Edisi |
Vol.2, No.1
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Subyek | |
Info Detil Spesifik |
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Pernyataan Tanggungjawab |
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Versi lain/terkait
Tidak tersedia versi lain