THE LEGITIMACY OF THE SUPPLY CONTRACT IN TERMS OF ISLAMIC LAW (IN THE CONTEXT OF NATURE IN TURKISH OBLIGATIONS LAW) / İSLAM HUKUKU AÇISINDAN TEDARİK SÖZLEŞMESİNİN MEŞRÛİYETİ (TÜRK BORÇLAR HUKUKU’NDAKİ MAHİYETİ BAĞLAMINDA)

In our age, the result of the rapid development of the industry, after the rapid expansion of many products and the increase of international trade, has emerged a variety of contracts. One of these contracts is the supply contract. What is meant by supply contract, are agreements between contracting parties in order to provide the characteristics of certain movable or immovable goods, on certain dates, or certain services such as electricity, water and gas in return for a known price will be paid wholesale or in installments in the future. Supply contract, with these characteristics, has a wide coverage comprising "sale contract" and "work/order contract” in the Turkish Obligations Law. In both supply contracts and sale contracts, as well as the goods can be found in the hand of the supplier during the contract, may be something which not yet available but he will deliver it to, by providing or producing later. What is important here, is that the supplier is able to deliver the goods. The purchaser, too, can pay the price wholesale at once after taking delivery of the goods or pay in installments. İn these contracts, the goods which is the subject of the contract can be things such as industrial product to be produced by a factory or agricultural and animal products to be produced by a manufacturer or naturel forces like electric, gas and water too. In these contracts, due to the commitment of the supplier to deliver the goods at a later date, the customer also to pay the price after receiving the goods, the costs are on credit. In this respect, it has been the subject of debate among contemporary scholars whether it is permissible to supply contracts. Some scholars have adopted the view that it is impermissible for some reasons. In contrast, the majority of contemporary scholars have had the the conviction that it is permissible, moving from similar contracts in Islamic Jurisprudence. İn this article, taking into account the pros and cons of reasons put forward, we will try to analyze whether the permissible to supply contracts with moving from similar contracts in Islamic Fiqh.