16. ve 18. Asırlarda Osmanlı Fetva Literatüründe Mudârebe Ortaklığı

Mudārabah is a type of partnership that was founded by putting labor on the one hand and capi-tal on the other, dating back thousands of years before Islam. In Islam, this partnership has been accepted as legitimate and used by Muslim societies. This partnership has included in the classic fiqh books as a separate section from the şarikah subjects. Mudārabah partnership continues to exist in various ways today. Participation finance which is developing day by day collects capital based on this partnership. Some researchers even recommend it as an alternative method to participation banking based on contemporary usury especially the interest finance system. For this reason, whether the partnership in question is of a nature to perform the task expected from it will only be revealed by knowing the historical experience. Furthermore, determining the change that this partnership has undergone in the historical process will help to understand its current situation and the way it will take in the future. Because, depending on the human expe-rience in the historical process, it is seen that some provisions and consequences of the partners-hip have changed. The partnership structures, which were simple in the first periods, have gained more and more technical features. For this reason, it is of great importance in terms of economic history to determine and how the Ottoman period partnerships were established in the 16. and 18. centuries, which business lines were widely used, and what legal problems and solutions were produced during this period. In this way, functional determinations can be made as to whether the contract will be able to fulfill the function expected today.This research tries to put forward the various legal problems and solutions faced by the conflict partnership based on Ottoman fatwa literature in the 16. - 18. centuries. Because the current problems encountered with the application have been the subject of fatwas as well as fiqh books. Fort this purpose, fatwa journals belonging to Ibn Kemal (d. /9401534), Ebu’s-su‘ud Efendi (Abū l-Su‘ūd) (d. 982/1574), Sun‘ullah Efendi (d. 1021/1612), Feyzullah Efendi (d. 1115/1703) and Yenişe-hirli Abdullah Efendi (d. 1156/1743), who stand out in terms of recognition and accessibility in the aforementioned centuries have been collected and fatwas that can be determined on the subject have been evaluated.In the Ottoman period fatwa literature, the contractual contract takes place in separate titles separate