LEE- Economics-Doctorate
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ÖgeA fair division approach to understanding distribution principles in Islamic law of inheritance(Graduate School, 2023-10-24) Doğan, Burak ; Ertemel, Sinan ; 412182002 ; EconomicsThis thesis embarked on a meticulous investigation of selected legal disputes from the annals of Islamic law, modelling them as claims problems, surplus-sharing problems, and innovatively introducing a new fair division problem termed as a "modified claims problem." It generalizes solutions proposed by scholars and jurists into distribution rules, framed by axioms, and conducted a comparative axiomatic analysis with classic division rules. A significant revelation of our analysis was the alignment of the Doctrine of 'Awl (AWL), used in Awliyya cases within Islamic law, with the Proportional Rule when it comes to claims problems. Similarly, for surplus-sharing problems, the Doctrine of Radd (RADD), used in Raddiyya cases, mirrors the Proportional Rule. We uncovered that the Munazaa (MUN) Method, proposed by Abu Hanifa, aligns with the Concede-and-Divide (CD) Rule. This method was inferred from Abu Hanifa's contested garment problem and the case of the sword, which parallel the solution to the contested garment problem of Talmud. Furthermore, we introduced a new concept, the Modified Claims Problem, which incorporates the constraint of limited liability. In this context, Abu Yusuf's (AY) Method was generalized into a distribution rule and found alignment with both the Constrained Ibn Ezra's (CIE) Method and the Constrained Shapley Values. This in-depth exploration significantly bolsters the current literature on fair division and Islamic law by presenting a new type of fair division problem and characterizing novel fair division rules. It represents a pioneering effort to explore Islamic legal disputes from a fair division perspective, setting a solid foundation for future research endeavours. Our study augments the traditional literature on Islamic inheritance law, which has primarily offered historical, social, and legal perspectives to comprehend distributions in contentious cases. We enrich this approach by introducing an axiomatic analysis that yields a comprehensive normative understanding of complex Islamic law disputes, emphasizing the inherent normative aspects. In an intriguing revelation, our study exposes parallels between Jewish and Islamic inheritance laws in terms of their principles and applications, an aspect scarcely explored by previous studies. A unique discovery is that an allocation common in Islam aligns with a rule known as the non-Jewish rule. We note that Abu Yusuf's distribution method predates Ibn Ezra's by over three centuries, suggesting potential Islamic origins for the rule attributed to Ibn Ezra. This adds a novel dimension to comparative studies, which have primarily scrutinized whether Islamic law principles borrowed rules from Jewish law. We recommend future research to amass more examples of fair division problems throughout Islamic history and further study methods of Islamic sharing. These initiatives could lead to the characterization of additional Islamic regulations, thereby elucidating unique Islamic principles. An in-depth axiomatic examination of the cases and proposed resolutions is also proposed for future research. Our study has pragmatic implications by bridging the knowledge divide between fair division literature and Islamic law disputes, emphasizing the relevance of cooperative game theory as an instrumental tool for understanding Islamic legal disputes. It encourages a deeper comprehension of the dynamics and outcomes of legal disputes and the socio-cultural factors that influence legal decision-making. Our findings light up debates within Islamic law, fostering a richer understanding of the evolution and interpretation of legal disputes. By acknowledging the variations in methods employed by different authorities, we furnish valuable insights into the Islamic context. Our research has potential to guide policy-making, stimulate discourse, and cultivate a comprehensive approach to dispute resolution in Islamic law. To conclude, our research is groundbreaking in its game-theoretical examination of historical legal disputes within Islamic law. By weaving disputes from Islamic law into the current body of cooperative game theory literature, we provide a unique contribution to the field, which has often neglected disputes stemming from Islamic law. Despite the richness of these disputes for fair division problems, they have been mostly unexplored until now, and this study fills that gap.