The dynamism of commercial life leads to the emergence of new practices. Many practices emerging from life are brought to the legal ground and made the subject of legal regulations. Contracts that are brought to the legal ground but are not made the subject of a legal regulation with their elements are sui generis. The exclusive distru- bition contract has become a legal institution that has emerged in response to the need for marketing goods through new and effective methods in trade. With this contract, the supplier authorises the one seller to sell its goods exclu- sively in a certain region, and the one seller undertakes the obligation to increase the marketing and release of these goods. This contract, which is widely applied in various sectors and which is “new” in terms of Islamic law, needs to be evaluated in terms of Islamic law after the theory in today’s Turkish law is put forward. Islamic law is not against innovations that do not contradict its immutable principles. In this respect, analysing the exclusive distru- bition contract from the perspective of Islamic law is the main subject of this study. In this study, a general concept of the attitude of Islamic law towards new types of contracts is also presented.
Islamic Law, Safkateyn Prohibition, Sui Generis Contract, Exclusive Distrubition Contract, Exclusive Selling Right.
