Olağanüstü Hal İlanını Gerektiren Durumların İslâm Hukuku Açısından Değerlendirilmesi
| Main Author: | ÜZEYİR KÖSE |
|---|---|
| Format: | Article Journal |
| Bahasa: | tur |
| Terbitan: |
, 2021
|
| Subjects: | |
| Online Access: |
https://zenodo.org/record/5148306 |
Daftar Isi:
- Wars, internal disturbances, natural disasters, epidemics and economic crises are problems that deeply affect social life. In modern legal systems, administrators are given quite wide discretionary powers to solve the problems that arise due to such reasons. Emergency regimes are special administrative procedures that are put in place in the face of threats and dangers that are deemed impossible to fend of under existing legal rules. İn a state of emergency, the fundamental rights and freedoms of citizens may be limited while the powers of the administrators are expanded. Ac- cording to the 1982 Constitution, the president has the power to decide on the declaration of the state of emergency in our country. It is seen that similar reasons require an extraordinary management approach in Islamic law. When the head of the Islamic state is of the opinion that the existing military forces are issufficient in the face of a clear threat to the integrity of the country, he can call on muslims who can take up arms. Because, in this case, the fardh to defend to the country becomes separate. Likewise, rea- sons such as internal turmoil, drought, famine, dangerous epidemic disease and severe economic depression in the country require the extraordinary administration procedures in Islamic law. In this study, an analysis of the situations that require the declaration of a state of emergency according to the 1982 Constitution has been tried to be made in terms of Islamic law. The formal framework of the study is based on the relevant article of the constitution. On the grounds that similar reasons require a different (ext- raordinary) management approach in Islamic law, we have benefited from our fiqh heritage as well as the practices in the early periods of Islam.