FORCE MAJEURE IN ISLAMIC LAw

Abstract

Author(s): Mehmet ERGÜN

As it is known, except for usurpation in Islamic law, one of the reasons that remove the responsibility of the tort-feasor is the force majeure. There is no obligation to compensate for damages caused by force majeure where there is no fault of the person, which cannot be foreseen and avoided and cannot be opposed. Force majeure may be caused by natural disasters or the source of itself may be human. In this context; earthquake, flood, severe wind, hurricane, fire, landslide, lightning fall, frost, war, coup and terror events such as the emergence of precautionary measures arising from the external factors that are irresistible reasons; interrupts the causal link between the act and the damage and eliminates the responsibility. In this study; the force majeure issue will be examined in detail in terms of the reasons that affects or removes responsibility in Islamic law by using the literature and systematics of Islamic law, Turkish positive law and Roman law

Announcements

You can send your paper at Online Submission System

  • The Journal of International Social Research / Uluslararası Sosyal AraÅŸtırmalar Dergisi ISSN: 1307-9581, an international, peer-reviewed, on the web publication, from 2007 will be issued least four times annualy.
  • Our journal is an independent academic publication based on research in social sciences, contributing to its field and trying to publish scientific articles that will bring innovation to the original and social sciences.
  • The journal has got an international editorial board and referee board, mainly embodied from the each individually professional on the social research fields.
  • Uluslararası Sosyal AraÅŸtırmalar Dergisi / The Journal of International Social Research became a member of Cross Reff since 2014 and started to assign DOI numbers to the articles. image
Google Scholar citation report
Citations : 8982

The Journal of International Social Research received 8982 citations as per Google Scholar report

The Journal of International Social Research peer review process verified by publons
Get the App