İslam Muhakeme Hukukunda Dava Şartları ve Dava Harcının Bu Bağlamda Değerlendirilmesi

Muhammed Selim TOKOĞLU; Zeki YAKA

Article Details

İslam Muhakeme Hukukunda Dava Şartları ve Dava Harcının Bu Bağlamda Değerlendirilmesi

Authors:

Muhammed Selim TOKOĞLU | Zeki YAKA

Publisher:

Mehmet ŞAHİN

Main Topics:

Religions (General)

Journal:

Turkish Academic Research Review 2021 Vol.6 Issue 2, pp.603-628

Document Type:

Article

Publication Date:

6/2021

Document Language:

Turkish

Document ID (Org No.):

2000627504

Frequency:

Quarterly

eISSN:

2602-2923

Abstract:

 


Ensuring social order is one of the most important functions of the state since human being. The state is obliged to resolve disagreements that arise or could arise between individuals of the main people. Conflicts that arise between people can only be resolved with an authority that is accepted by everyone that are present in the society. For this reason, every state needs a fair judicial function so that chaos does not rule over its society. As the judgement protects people's rights, it has a structure that prevents individuals from violating each other's rights and can impose vindictive sanctions when necessary in its situation. People can seek legal protection from the state by having recourse to litigation in matters that they cannot reach an agreement on. However, certain procedural conditions have been assigned to cases in order to prevent individuals from unnecessarily occupying the judicial path when needed. But on the other hand, a lawsuit only can be brought by having recourse to a judicial path when the conditions required to apply for a lawsuit are carried out completely. In the Islamic judgement law, as well the ability to hear the cases is bounded to certain conditions. It is necessary that the parties, the courts and the case matter carry essential conditions in order to get cases expressed healthy, accepted and resolved by the determined judges. Otherwise the case will not be accepted by the judge. For this reason, it is of great importance what conditions the cases must meet in order to be accepted. In our study, we will first determine what the health conditions of the case are in order to be accepted. On the other hand there is tried to determine the existence of the case fee among the lawsuit conditions in order to the acceptance of the cases by judges. Because the Islamic juridical principles have a directly linked structure with judges, the case fee payment issue is related with the matter of the allowance of judges earning their salary on account of their job and the allowance of demanding the case fee to terminate the conflict between people. There is not been touched on this case fee issue separately in other works. For this reason, we will try to associate the case fee issue with the fee acceptance of a judge and determine whether it is considered among the health conditions of the case. 

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Article Details

İslam Muhakeme Hukukunda Dava Şartları ve Dava Harcının Bu Bağlamda Değerlendirilmesi

Authors: Muhammed Selim TOKOĞLU | Zeki YAKA

Publisher: Mehmet ŞAHİN

Main Topics: Religions (General)

Journal: Turkish Academic Research Review 2021 Vol.6 Issue 2, pp.603-628

Document Type: Article

Publication Date: 6/2021

Document Language: Turkish

Document ID (Org No.): 2000627504

Frequency: Quarterly

eISSN: 2602-2923

Issues

Authors:

Muhammed Selim TOKOĞLU | Zeki YAKA

Publisher:

Mehmet ŞAHİN

Main Topics:

Religions (General)

Journal:

Turkish Academic Research Review 2021 Vol.6 Issue 2, pp.603-628

Document Type:

Article

Publication Date:

6/2021

Document Language:

Turkish

Document ID (Org No.):

2000627504

Frequency:

Quarterly

eISSN:

2602-2923