İhad_2005.5 İslam Hukukunda Uhrevi Sorumluluk Bakımından Yargı Kararlarının Geçerliliği Sorunu , Talip Türcan (original) (raw)

The Question of judgments' V~lidity with respect to the Otherworldly Respc;ınsibility in the lslamic law In lslamic law, because of its being based on the religion, each valid legal norm is, as a principle, expected to ensure the religious validity as well as the legal validity when the persons conduct in the way' which the norm prescribes. The judgments (judicial decisions) are a part of positive legal system. For every judgment is a positive legal norm. Sometimes, however, there can be a state of conflict between the religious validity and legal validity. The'conflict stems from that the religious evaluation is based on the individuals' intention and factual realities, although the legal evaluation is based on the extemal conducts, the formal criteria and the probable realities. Therefore, occassionally a legally valid conduct might be contrary to a religious norm and might ca use the responsibility pertaining to the other world. , In the study, we investigated the question of judgments' validity in the hereafter according to lslamic law.