İSLAM BORÇLAR HUKUKUNDA FESAD MÜEYYİDESİ İLE KISMİ HÜKÜMSÜZLÜK VE İPTAL EDİLEBİLİRLİK MÜEYYİDELERİNİN MUKAYESESİ
COMPARISON OF SANCTION OF DETERIORATION WITH SANCTIONS OF PARTIAL NULLITY AND ANNULABILITY

Summary/Abstract: Islamic scholars have brought forward different views on some matters. One of these matters is distinction of deterioration and nullity. This distinction has come before us as two different sanctions imposed on contracts in the Hanafi sect. Distinction of deterioration and nullity has brought a different perspective on contracts in Islamic Law. It is seen that the sanctions of partial nullity and annulability under modern law and the sanction of deterioration in Islamic law are similar in many respects when this distinction is examined together with sanctions within the scope of modern law. However, there are also significant differences between them. So despite all these similarities, each sanction appears as a different species.

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