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CLOSURE
The
word “kabz”-closure- has the meanings of to
grasp, taking into possession, to take over, to catch, folding,
to take and to flutter wings. It is law term which means
to take over something, to take it into possession, to take
charge of it and to seize. (For its meaning in the verses
see: the Chapters El-bakara, 2/245, 283; et-Tevbe, 9/67;
el-furkan, 25/46; Taha 20/96; el-mülk, 67/19; ez-Zümer
39/67)
As a Mystical term “kabz”
means contracting squeeze, compactness, and it is the opposite
of “bast” which has the sense of to spread,
opening and to feel relieved. Closure is a mental state
that corresponds to the point of fear-havf-. It is assumed
that Allah gives this state of discomfort.
Es-Sarrac explains these
two terms as follows: “Kabz and bast are two high
mental states that they are peculiar to sagacious people.
When Allah puts pressure on them it becomes effective for
them to avoid allowed things like eating, drinking, having
fun and some of the foods. When He relieves their hearts
by taking the responsibility of protecting them He again
gives those allowed things back to them. “Kabz”
is such a state of sagacious person that in this situation
there is no place left to him other than Marifetullah-Mystical
Contemplation. (Ktabul-Lüma’, nsr, Nicholsun,
s. 342). In Christian Mysticism of Middle Ages, the equivalent
of “kabz” is “desolation” in French.
This word literally means ruin, great sorrow and anxiety.
(I. Hami Danismend, Cirand Dictionnarie Francais trans..,
Istanbul tv. I, 361)
In the Noble Quran it
is declared: “insanin gönlünde, islerinde
ve rizkinda darlik meydana getiren de, genislik, ve bolluk
veren de Allah’tir” (el- Bakara 2/245). As a
law term “kabz” is to take over something and
to seize it. In the Noble Quran about the debt with a fixed
time, in the continuation of the verse which orders to confirmation
of debt by writing , it is declared: Here the word “makbuza”
is the object noun from the root “kabz” and
it means something that is taken over.
Because in Hadith it
is forbidden to sell something to a third person before
taking it , about the agreements and about the things which
causes the right of taking , actually or legally “kabz”
is an important principle. (Buhari, Buyu’ , 54, 55;
Muslim, Buyu’ 29,32,34,35,39,41,; Ebu Davud, Buyû’,
65).
The agreement of sale
is to pass the sold goods to the sphere of power of the
buyer. Those acts of taking over are defined as “kabz”.
To deliver is a debt of the seller caused by the agreement.
Buyer is also responsible with taking over Buyer becomes
capable of disposal on the goods he bought with “kabz”.
(El-Kasani, Bedayius-sanayi, V, 244; bkz, et-Tahanevi, Kessafu
Istilahati’l,Fünûn, 126, 1198).
The taking the movable
goods into possession is realized with giving the right
of disposal to the buyer. The deliver of real estates is
completed with the entering the buyer into them or coming
near to it to see the land or by having the keys of them.
But the measures and weight are standard; taking into possession
of the goods that are bought and sold with counting or measures
is realized by counting, measuring and taking the whole
of them. (el-Kasani, a.g.e., V, 234; Ibn Abidin, Raddu’l,
muhtar, IV, 43; ez- Zuhaylî, el-Fihu’l Islami
fi Uslbihi’l-Cedid, Dimask (ty), 213,214; Mecelle
mad. 262, 277)
According to Turkish
law of loans, for movable goods delivering is realized by
the transfer of the possessor. About the real estates, together
with the transfer of the possessor, the registration to
the land register is required for the registered estates.
(Feyzioglu, Borçlar hukuku, Istanbul 1970, I, 171,174)
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