The Historical Journey of The Legal Change in The Ḥanafī School About The Compensation of Benefıts

Abstract

The non-compensation of benefits is a basic rule according to the H ̣anafī school (madhhab). However, the late Ḥanafī scholars (mutaʾakhkhirūn) made some exceptions to this established rule (ẓāhir al-riwāya) in the madhhab. The exceptions to this rule are the benefits (use-values) of endowment property, orphans’ property and property set up for profitable use (mu‘add li-l-istighlāl). The late  This article is extracted from my doctorate dissertation entitled “Hanafi Responsibility Law In The Context Of Usurpatıon (Ghasb) And Destructıon (Itlaf)”, (Ph.D. Dissertation, İstanbul University, İstanbul/Turkey, 2019). I would like to thank for Dr. M. Bilal Yamak and Dr. M. Tahir Kılavuz’s support and helping during the translation. ** Assistant Professor Dr., Kırklareli University, Faculty of Theology, Department of Islamic Law, Kırklareli, Turkey, kamilyelek@klu.edu.tr, ORCID orcid.org/0000-0002-8181-2494.