Ücret İle Tazminat Sorumluluğu Birlikteliği

The aim of the article is to reveal the nature and importance of wage and compensation in legal responsibility and to discuss the possibility of these two basic tools together in the light of different views of the mad̲h̲habs. In addition, the article deals with the functions of these two basic concepts within the scope of Islamic responsibility law. There are two main sources of compensation liability in Islamic Law of Obligations. These are; breach of contract and act of injustice. Harming someone else is prohibited by any of these means. In cases where people cause harm to others in social life, the legal order tries to compensate for the damage in question. It is not a legal way to harm the other party for the remedy of the damage. The method of remedying the damage and what kind of economic values it will cover have been the subject of discussion in the doctrine. Are there other obligations at the same time as the liability for compensation? In this regard, Article 86 of Med̲jelle ̲ -yi Aḥkām-i ̊ʿAdliyye regulates that compensation liability and wage cannot go together in accordance with the Ḥanafī mad̲h̲hab. It is important to deal with the scope and exceptions of this rule and the transformation it has undergone in the history of Islamic law with a comparative method and to establish its connection with the present. The rule that wages and indemnity liability cannot go together finds more application in contracts where the performance of one of the parties is a rent wage. Goods and service contracts come to the fore within the scope of contracts requiring this. Such contracts are generally considered within the scope of rent contracts. The obligations of the parties in those contracts are to leave the use of a commodity to the other party of the contract and that party undertakes to pay a certain usage fee accordingly. Both parties have mutual debts and obligations. A house, an animal, an item may be rented. In labor rent called service contracts, the worker (ecīr) and the employer agree on the work to be done. In case the source of the liability is different, for example when there is a difference in the reason and subject, liabilities can be combined to some extent. In the Ḥanafī school, the point of view of usage benefit lies on the basis of the incompatibility of wage and compensation responsibility. There are some theoretical reasons for this in the Ḥanafī mad̲h̲hab. There is a general agreement on compensation for contractual or tortious damag