İslâm Borçlar Hukukunda Akit Serbestisi ve Genel Olarak Sınırlamaları

Abstract

Islamic Law has given much importance to the individual will in establishing the rights and the responsibilities. On this matter, it has been theoritically accepted that individual should decide to make what kind of contract with who and on which conditions as long as there is no prohibitive norm of law. However, it has been also accepted that this freedom can be restricted necessarily on the principle of right and justice and public benefit. Consequently, it is possible that freedom of contract can be restricted alongside with the differences in time and in social structure in accordence with the principle of justice and maslahat. The main reason for these restrictions is to set up a reasonable balance between the individual and the public benefit