FATAL DISEASE AS A LEGAL CAPACITY MALFUNCTIONS IN THE OTTOMAN LAW

In our article, “maraz-ı mevt”, also called fatal disease, was examined. Both the sources of Islamic law and the examples of Mecelle and judge records are included in the subject of fatal disease. Firstly, the lawn capacity and juridical capacity are discussed briefly. Then, the capacity malfunctions are named. Afterwards, the fatal disease which is one of the capacity malfunctions has been defined. Based on this definition, the conditions of fatal disease are revealed. Despite the fact that there is no fatal disease, the issues accepted as fatal disease are mentioned. Finally, the effect of fatal disease on the capacity was evaluated.