Kafkas Üniversitesi İlâhiyat Fakültesi Dergisi Kafkas University Faculty of Divinity Review www.dergipark.org.tr Doi 10.17050/kafkasilahiyat.1109485 Lawsuit For Recovery Of Property In Islamic Judicial Law Ayhan HİRA  Abstract The right to property is a right in kind that provides everyone with the broadest powers in terms of owning, using, disposing of and testacying the goods they have acquired in accordance with the law. Replevin is a recognized right to recover personal property that has been wrongfully taken or retained. In this respect, the replevin is a kind of sanction that was earned with the right of property and applied through legal action against unjustified possession. In order for the lawsuit of replevin to be concluded in favor of the claimant, the owner who lost his possession must prove that he is the owner of the property subject to the lawsuit. In this lawsuit, when the plaintiff party turns out to be the real owner of the property as a result of the judgment process, he gets his property back from unjustified possession party. The issue of replevin is examined under a separate heading in classical fiqh sources. Nevertheless, it is discussed in different subjects, especially in the extortion and culling sections, which include the provisions on the unjust seizure of the property. According to the information in these headings, there are different opinions about who will compensate for the decrease and who will have the increase, if there has been any change in the form of decrease or increase in some or all of the property in the lawsuit subject. The property-based replevin lawsuit is regulated as a real right in the current legal system (TMK, art. 683) in the context of the protection of the property right, as in Islamic law. As a requirement of this right, the owner of the property has the right to sue lawsuit against the person who seized his property wrongfully. Because of the opportunities provided by technology, property and the troubles of property and practices related to the ways of acquiring property and the protection of property are becoming more important today. Therefore, it is thought that the opinions in the classical fiqh sources will contribute to the legal debates on this property subject. For this purpose, In this study, the nature and judgments of the replevin lawsuit are analyzed on the basis of the opinions in the first main sources representing the fiqh sects. In addition, these opinions were evaluated by comparing them with the current legal system. Key words: Islamic Law, Ownership, Possession, Extortion, Lawsuit, Recovery of Property (Rei Vindicatio). İslam Muhâkeme Hukukunda Mülkiyete Dayalı İstihkâk Davası Ayhan HİRA  Assoc. Prof., Kocaeli University, Faculty of Theology, Department of Basic Islamic Sciences, Department of İslamic Law, Kocaeli, Turkey. Doç. Dr., (Tezden üretilmedi) Kocaeli Üniversitesi, İlahiyat Fakültesi, Temel İslam Bilimleri Bölümü, İslam Hukuku Anabilim Dalı, Kocaeli, Türkiye. ayhnhira@hotmail.com ORCID 0000-0002-3574-7660 Type / Türü: Research Article / Araştırma Makalesi Received / Geliş Tarihi: 26 April/ 26 Nisan 2022 Accepted / Kabul Tarihi: 22 May/ 22 Mayıs 2022 Published / Yayın Tarihi: 28 July / 28 Temmuz 2022 Volume / Cilt: 9; Issue / Sayı: 18 Pages / Sayfa: -323-347 Suggested ISNAD Citation: Ayhan Hira, “İslam Muhâkeme Hukukunda Mülkiyete Dayalı İstihkâk Davası”, Kafkas Üniversitesi İlahiyat Fakültesi Dergisi, 9/18 (Tenmuz-July 2022), 323-347. www.dergipark.org.tr