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    (Selçuk Üniversitesi Sosyal Bilimler Enstitüsü, 2006) Seven, Mehmet; Gökmenoğlu, Hüseyin Tekin
    Islamic legal system recognizes for man property right. Acknowledged foremostly by the Qur'an, this right is emphasized in the Islamic regulations of inheritance, too. The Qur'an and the hadiths refer to lots of heirs as ?farÄ id?, which means ?a precisely defined thing.? The two sources of Islam determined how much every heir will receive from the goods left by the dead person. This study aims at investigating whether these regulations allow for any change and alteration. In Introduction, I discussed the method and the importance of this study. In the first chapter, I outlined the general principles of Islamic law of inheritance. Under this title, I examined why the lots that heirs receive are termed as ?farÄ id? and investigated the ramifications of this terming. I came to conclusion that this character of Islamic law of inheritance does not allow for the distribution of lots based on mutual consent as it is a strictly defined way of acquiring possession. I also found out that a person cannot disinherit his/her heirs of their lots and the heirs are responsible for the debt of the dead person as much as the amount of his inheritance. I also discovered that the Islamic law of inheritance followed a gradual process of development. In the second chapter, I examined the fixed lots that any relatives receive and the religious texts that regulate the distribution of the lots. It is known that next of kin's lots are determined by the Qur'an and the Sunnah. However, I tried to expose that the learned companions of the Prophet also contributed to the formation of the Islamic law of inheritance. The legal method of syllogism is used in this branch of Islamic law though quite limited with respect to other branches. Therefore, one should not take the statements in the classic legal texts in the sense that there is no room for syllogism in the Islamic law of inheritance. Rather, such statements simply inform that syllogism was rarely used. However, I observed that the companions applied syllogism in determining both the class of heirs and the amount that any heir receives. In the chapter of conclusion, I briefly discussed the fact that no fundamental change can be made on the Islamic law of inheritance and the heirs cannot make a distribution of lots with their wish and mutual consent. Such a change is not allowed by the religious texts. In addition, the scholars of Islamic law did not speak of the possibility of such changes.