The Phenomenon of Taayyun in Ḥanafī Legal Thought and Its Effect on Legal Norms: Interest Theory and Company Contract Example

Abstract

When the sections of the Ḥanafī law literature related to the law of obligations are examined, it is seen that whether the property subject to the contract or debt relationship is specific or not has a shaping function in terms of many legal regulations. This situation is in question in terms of many regulations, from the legitimacy conditions of exchange types to the principles of legal responsibility. Due to its aforementioned function, the phenomenon of taayyun has been researched in this study with its most basic framework that makes Ḥanafī thought unique. Three points are important in order to understand the place and function of the phenomenon of taayyun in Ḥanafī thought. These points also determine the scope of this study. The first of them is what kind of relationship exists between the phenomenon of taayyun and whether the goods are of money type or not and whether they are standart or not. The second of them is what kind of relationship is there between the phenomenon of taayyun and determination and actually obtaining. The third one is the function of whether a goods is suitable for determination by determining or not in terms of legal regulations. Examining the aforementioned issues through certain examples will enable us to find answers to the following two questions. The first of them is what kind of relationship is established between determination and obtaining and taayyun in terms of goods subject to contract or debt relationship in Ḥanafī thought. The second is the reason for which specificity is taken as the basis. In fact, this is the purpose of the study. Therefore, the fact that the answers to the aforementioned questions enable the understanding of Ḥanafī thought in terms of regulations on the law of obligations makes this study important. The fact that specificity is taken as basis in terms of the goods that are the subject of a contract or debt relationship has resulted in the construction of the relationship between the legal existence and legitimacy conditions of the contracts and their results in a different way in Ḥanafī thought. Unlike other schools of law, in Hanafi thought, a relationship has been established between the legal existence and legitimacy of the contract and its specificity, and between the conclusion of the contract and the obtaining. According to Ḥanafī thought, the fact that some goods are not determined by determining further guarantees that the results of the contract will be revealed. This is another important result of the phenomenon of taayyun in terms of Ḥanafī thought.