FINANCIAL RIGHTS OF WOMEN ACCORDING TO ISLAMIC LAW

All people are born equal, free from crimes and equipped with certain rights. Race, gender, social status and lineage do not have any effect on having and enjoying rights. People have an equal status in the possession and enjoyment of rights, except in the case of certain biological deficiencies and disability. According to the general theory of Islamic jurists, every human being is born equipped with a spiritual vessel called dhimmet, which enables her to have rights. After passing through certain age periods, people acquire different types of rights. There is no difference between men and women in terms of embezzlement and dhimmet. Rights and authority to exercise the rights in Islamic Law are completely determined in accordance with objective criteria regardless of the gender of the person. According to Islamic Law all people are equal in terms of the qualification to use rights. For this reason women can have financial rights as they wish. For a long time, women's social status, legal personality, personal and financial rights have been the subject of discussions. It can even be said that the discussions on this subject followed a parallel course with the history of thought; In different periods, the position of women has been discussed from different aspects. In the Western world, there have been intense debates about the personal and financial rights of women, and it became possible for women to own property and participate in the working life after a long phase. In the Islamic world, it has been seen that there is not much discussion and written knowledge on this subject. There are no separate chapters in classical fiqh books that deal with the issues concerning the legal personality of women. The fact that there is no written knowledge on this subject and that there are no discussions indicates that there is no problem in this matter. Because in the verses and hadiths, subjects such as owning property, doing business, working, being an heir are always mentioned in general terms. In addition, there is no difference between men and women in religious texts that point to legal personality, competence and being entitled. Besides, women have some financial rights such as alimony, inheritance, mehr, residence right which directly come from the law. Women have the right to free enterprise in these matters; she doesn't have to ask permission from anyone. These rights that the women have are guaranteed by law. These rights, which are within the scope of basic human rights, are not violated, transferred to another person, or completely revoked. In this study, which is about women's economic rights, first of all, it will be discussed that there is no difference between men and women in having and benefiting from rights, and that the religion of Islam has a wide freedom and right doctrine in this regard. Although the right to residence is evaluated within the scope of alimony in fiqh books, it will be discussed separately in this study. Today, the right to abode is considered as an independent right. Apart from these, women's right to work, which is frequently discussed today, will be evaluated in a general framework. Bunlardan ayrı olarak kadının mesken ve çalışma hakkı genel bir çerçevede değerlendirmeye tabi tutulacaktır.