Miras Hukukunda Cari İlkeler Bağlamında Türk Mer’i Hukuku ve İslam Hukuku

Türkçe

Human beings, who is a real person who are accepted in rights and duties, have the right to dispose of their goods as they wish by working and trying throughout their life. Except for the exceptions of the law, the use, consumption, dismissal of property, etc., with or without gratuity, throughout as he wishes. After his death, all his rights, especially the property right, which are called taraka, pass to his heirs. Each legal system has determined some rules on which values will be transferred to the estate and at what rate they will be shared among the inheritors. In the Islamic Inheritance Law, which is based on evidences such as the Qurʾān, circumcision and ijmāʿ, inheritors were determined by divine division and their shares from the inheritance were called farḍ. In the Turkish land law, provisions regarding inheritance are included in the Civil Code. The Civil Code was translated into our language in 1926 and Swiss Civil Code was enacted in the Turkish Grand National Assembly, and it was re-accepted in 2001 with amendments. Islamic Inheritance Law in many principles such as general succession, appointed heir, shares, usufruct rights, inheritance of parents, inheritance of children out of wedlock, inheritance of adoption, abduction from inheritance, renunciation of inheritance, denial of inheritance, return of inheritance, joint responsibilities of heirs with their own assets in paying the depts of the inheritor. There are differences between Turkish legal inheritance law. The study examines these principal differences.