İslâm Hukukunda Gâibin / Kayıp Kişinin Hükmen Ölü Sayılmasına Kadarki Süreçte Mallarının Yönetimi “Türk Medenî Kanunu ile Mukayeseli Olarak"

Abstract

The laws concerning the lost people are still among the most important problems of our society today. Necessary precautions are taken both in Islamic law and Turkish Civil Code to prevent such ones from sustaining any financial loss. In this sense, their goods are not apportioned due to the probability that they may be alive, however, they are not accepted as an inheritor to a dying relative of theirs due to the probability that they may be dead. Also, the judge is granted the right to fix and keep the goods of these people. There ise a striking resemblance between the Islamic law and Turkish Civil Code