Browsing by Author "Sahin, NZ"

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    From a Moral Virtue to Legal Obligation: al-Muwāsāt
    Sahin, NZ
    Muwasat encompasses the moral duty to provide aid to those in need, prioritising those closest to us while sharing what resources we can spare. However, should a person's legally protected values be at risk, assistance and solidarity become mandatory obligations. Islamic law recognises this social duty as fard al-kifaya, with muwasat as the justification for this sufficient obligation. On the other hand, muwasat is also included in the legal justification of in-kind obligations such as zakat and alimony. Muwasat actually has a broad conceptual content that includes each individual in the society helping each other, sharing, and sharing what they have when necessary. The aim of muwasat is to keep social sensitivity towards those in need alive. Muwasat constitutes the wisdom of meeting the needs of the other party by sharing the resources available to each individual in the society when the legal values that Islam aims to protect are in danger. In this context, this study aims to evaluate the rights of those in need over those who have the means to meet their needs by considering the proposal in the context of the provisions. To prioritize the legal values of Islam and safeguard the sanctity of life, as well as protect bodily integrity and uphold the right to privacy, the principle of muwasat necessitates that all Muslims must uphold these responsibilities towards themselves, each other and the state. This study aims to investigate muwasat, which defines the duty to provide assistance to any individual who is cognisant of their plight, within their capacity, when their legal rights that must be safeguarded are threatened, in the framework of social accountability. In this context, it can be said that muwasat has a direct connection with the proposed obligations in Islamic law. Muwasat is included in the justification of fard al-kifaya obligations. However, the fact that the obligation of zakat, the obligation of fidya, and the responsibility of alimony are included in the legal justification of meeting the needs of the needy by those who are not dependent on anyone, shows us that muwasat is the basis of obligations involving cooperation. Similarly, the legal reason for banning interest is that it destroys the balance in society. In particular, the basis for the state to impose an upper limit on exorbitant prices is based on the principle that every individual has an equal right to meet basic needs. In other words, determining the profit margin in the prices of basic needs is a requirement of muwasat. The definition of the state's obligation, along with individual responsibility in muwasat, aims to ensure that there is no individual in society whose basic needs are not met. Consequently, muwasat has an aspect that includes social responsibility and legal liability along with conscientious responsibility. This shows that Islam adopts the protection of life as the highest legal value. Muwasat is not limited to meeting basic needs, but also includes giving this support to a person when he needs moral support, sharing his pain by standing next to him, feeling him and internalizing his pain. For this reason, muwasat actually defines the moral stance that a Muslim should have. Based on this moral stance, it is safe to say that the most fundamental concern of Islam is to protect the material and spiritual integrity and human existence. This study aims to express, in the context of Islamic law, that the main purpose of Islam is to protect human beings in their material and spiritual integrity by examining and evaluating muwasat in its broad scope.
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    Evaluation of Property Right in Metaverse Land Purchases in terms of Islamic Law
    Sahin, NZ
    Human beings constantly want to increase the value of their assets. Investing in real estate is seen as one of the most profitable investments in increasing the value of assets today. Land purchases in the metaverse have taken their place among the investments in demand in this sense. Land purchases in the virtual universe have brought questions that need to be answered legally. It can be said that it is essential to protect the right of the investor/user, especially since these plots are in the metaverse and that the entrance to this universe is de-pendent on the approval of the user agreement, and how these agreements define the ownership on these plots. In Islamic law, the delivery of the place of contract is one of the contract' validity conditions. This surrender is defined as the right of full disposal over the place of the contract. The fact that the full right of disposition on the lands in the meta universe is de-pendent on the platform's user agreement brings forward the questions that need to be answered about the nature of the transfer of ownership. On the other hand, for something to be legally the subject of property, it must be defined as a property. The consensus element in accepting something as property in Islamic law is that a value attribution is included in the social presupposition. For this, it is necessary to determine what the value attributed to the purchase and sale of the purchased land in the meta universe means in economic terms in the real world. In addition, in Islamic law, the location of the contract to be free from all kinds of uncertainty is one of the conditions that must be observed in order not to be deceived and deceived. For this reason, it can be thought that this uncertainty can be eliminated, at least for the buyer, by knowing the content of the user contracts to which the lands purchased with large sums are bound. For this reason, for these evaluations to be based on concrete data, the contract containing the terms of use of Sandbox, one of the prominent platforms in the purchase and sale of land in the meta universe, was taken as a basis. In this context, the limita-tions on the right of disposition determined by the user contracts on these lands have been evaluated within the framework of the principles that Islamic law takes as a basis for some-thing to be the subject of a contract.