İslam Ticaret Hukukuna Göre Rekabet
The Concept of Competition According to Islamic Commercial Law

Summary/Abstract: Commercial activities are at the forefront of human relationships with other people and with society. For this reason, trade has a long history, as long as the history of mankind. Human beings, as a socio-cultural beings, meet a significant part of their needs through commercial activities, and thus, make achieves an important step towards achieving peace. In other words, the individual who cannot meet his needs becomes unhappy and uncomfortable. This leads to a society consisting of unhappy and restless individuals who also do not create a peaceful and secure environment. Trade therefore, plays a significant role in ensuring peace and security in society. For this reason, all ruling systems have given importance to trade, and they have introduced certain sets of rules which ensure the efficiency and order of commercial activities. Aiming at the happiness of human beings both in this world and in the hereafter, Islam has also laid down certain rules in the relations between man and society and their commercial activities, as well as in the fields of faith, worship, and morality. It is a fact that the Qur’an and the Sunnah, which are the main references to Islam, have important regulations and provisions in the field of trade. These rules and regulations, which represent the basic rules of trade, have over time been transformed into a voluminous accumulation that we can call "Islamic commercial law," in the corpus of fiqh over time. When Islamic precepts and their accumulated interpretation are examined, it is seen that market economy is adopted in Islamic commercial law. One of the important conditions that the market economy naturally requires is undoubtedly the existence of free competition throughout all commercial activities. Although in the classical fiqh corpus, or in modern terms, the subject of commercial competition in Islamic law has not been dealt with separately, the existence of this competition in Islamic commercial law is understood by inductive methods. All of the steps, precautions, and prohibitions focusing on the stability of the market in commercial activities from the beginning lead to this conclusion. In this study, the issue of competition in Islamic commercial law is discussed in general, based on the nass (divine decree) and principles. Based on the analytical method, the study concludes that Islam’s understanding of trade is dominated by the free market economy and therefore free competition.

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