The Distinction of Imperative-Contructive Law Rule and The Possiblity of This in Terms of the Islamic Law

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Atıf İçin Kopyala

PALA A. İ.

ILAHIYAT TETKIKLERI DERGISI-JOURNAL OF ILAHIYAT RESEARCHES, sa.46, ss.13-49, 2016 (ESCI)

• Yayın Türü: Makale / Tam Makale
• Basım Tarihi: 2016
• Dergi Adı: ILAHIYAT TETKIKLERI DERGISI-JOURNAL OF ILAHIYAT RESEARCHES
• Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
• Sayfa Sayıları: ss.13-49
• Atatürk Üniversitesi Adresli: Evet

Özet

The implementation of the rules have importance as the setting rules. Due to this reason law scientists, have put forward the idea of separation rules as imperative rule and contructive to facilitate the application. With the determining the rules of public order and not, they have proposed to identify the movement area human will in legal system. In this paper has been explaned the aim of the distinction, the nature of imperative rule and contructive rule and has been given the legal consequences. In the light of this information is considered that this distinction is possible in terms of the Islamic legal system or not.