AN EVALUATION OF THE PLACE OF MORALITY AND ETHICS IN ISLAMIC CIVIL LAW AND CONTEMPORARY TURKISH CIVIL LAW

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Aktürk H.

Mimbar Hukum, vol.36, no.1, pp.83-110, 2024 (Peer-Reviewed Journal)

  • Publication Type: Article / Article
  • Volume: 36 Issue: 1
  • Publication Date: 2024
  • Doi Number: 10.22146/mh.v36i1.12459
  • Journal Name: Mimbar Hukum
  • Journal Indexes: EBSCO Education Source, EBSCO Legal Collection, EBSCO Legal Source, Directory of Open Access Journals
  • Page Numbers: pp.83-110
  • Ankara Yıldırım Beyazıt University Affiliated: Yes

Abstract

Like morality, law as a phenomenon develops in a process along with inevitable radical breaking points. Nevertheless, the phenomenon of law, which is constantly changing and developing, takes into many elements from past events, especially past legal systems. In this regard, the current Turkish law comes in handy as it departed during the Republican era from the Islamic legal system practiced for centuries and transitioned to the modern continental European legal system, nourished by many elements of Islamic law in the process. This article will examine the relationship between law, morality, and ethics by focusing on the similarities between these two legal systems.