İslâm Hukuk Düşüncesinde Özel Mülkiyet Anlayışı

Year 2005, Issue: 29, 99 - 120, 29.01.2014

HASAN Hacak

Abstract

There are disputes on the nature of property that is adopted by Islamic sacred texts (the Qur’an and the Sunnah) and Islamic legal thought, and on the kind of equilibrium that has
been established between private and collective ownership. This article analyses the nature of property on the basis of Islamic sacred texts and Islamic legal thought. For this
purpose, evidences for the concept of private ownership will be analyzed together with the evidences for God’s absolute sovereignty over universe. It will be argued that because
of the harmful nature of collective ownership for the society, private property is adopted. The article also analyses the classical approaches that justify private property from the
viewpoint of Islamic jurisprudence and economics and modern theories which argue that the concept of property that was adopted is individual or collective.

Keywords

Mülkiyet, milk, özel mülkiyet, kolektif mülkiyet, Tanrõ mülkiyeti, metafizik sözleşme, zimmet, ibâha, sosyal görev/fonksiyon teorisi, Leon Duguit