Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 1087-1100 |
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Kari M, Abbaspour R, Entekhabian1 O. A Comparative Study of the Legal Nature of the Transaction with a Foolish Person in Islamic Law and Islamic Religions. MLJ 2023; 17 (58) :1087-1100
URL: http://ijmedicallaw.ir/article-1-1773-en.html
URL: http://ijmedicallaw.ir/article-1-1773-en.html
1- Department of Jurisprudence and Fundaments of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Abstract:
Background and Aim: The issue of stupidity and transactions related to it by stupidity are important and debated in jurisprudence, legal and social fields. Due to the fact that Safih (stupid person) has a mental disorder and his actions and movements are out of the usual way of rational people and what is the habit of most people. Therefore, it is the person who uses his property for other than correct (rational) purposes. Although in jurisprudence, there is no specific age for a person's growth. At the same time, this matter and the terms of their transaction are not the same in different schools of jurisprudence. Therefore, this study deals with the legal nature of the transaction with a foolish person and explains it in a comparative manner by considering controversial cases in law, Imamiyyah jurisprudence and Khamsa religions according to the traditions and principles of jurisprudence.
Method: This study examines and analyzes the statements of experts and the jurisprudential principles and perceptions of the Imamiyyah and other religions and their Islamic laws by using the descriptive-analytical method and in a library form and through the data collection tool.
Ethical Considerations: The principle of honesty, impartiality and trustworthiness and the originality of the work are among the fundamental principles of this study.
Results: Growth is not the same due to the characteristics of each person, and because it is considered as a formative and customary matter, its measurement and limits are not determined in the Shariah. The jurists of Imamiyyah and other schools of thought have differences in this field, especially regarding the transaction of a Safih person. Such transactions may take place based on the dignity of a fool, but the trader is not a fool.
Conclusion: The presence of a guardian is necessary for a fool in financial affairs and transactions, and it is possible to recognize and explain his standard in terms of rational custom to make his actions and actions smooth like conventional rational actions, although he is independent and free in non-financial cases. Despite this, there is no fundamental difference between Imamiyyah and Sunni jurists regarding the need for awareness and knowledge related to contracts and transactions.
Please cite this article as:
Kari M, Abbaspour R, Entekhabian O. A Comparative Study of the Legal Nature of the Transaction with a Foolish Person in Islamic Law and Islamic Religions. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e62.
Method: This study examines and analyzes the statements of experts and the jurisprudential principles and perceptions of the Imamiyyah and other religions and their Islamic laws by using the descriptive-analytical method and in a library form and through the data collection tool.
Ethical Considerations: The principle of honesty, impartiality and trustworthiness and the originality of the work are among the fundamental principles of this study.
Results: Growth is not the same due to the characteristics of each person, and because it is considered as a formative and customary matter, its measurement and limits are not determined in the Shariah. The jurists of Imamiyyah and other schools of thought have differences in this field, especially regarding the transaction of a Safih person. Such transactions may take place based on the dignity of a fool, but the trader is not a fool.
Conclusion: The presence of a guardian is necessary for a fool in financial affairs and transactions, and it is possible to recognize and explain his standard in terms of rational custom to make his actions and actions smooth like conventional rational actions, although he is independent and free in non-financial cases. Despite this, there is no fundamental difference between Imamiyyah and Sunni jurists regarding the need for awareness and knowledge related to contracts and transactions.
Please cite this article as:
Kari M, Abbaspour R, Entekhabian O. A Comparative Study of the Legal Nature of the Transaction with a Foolish Person in Islamic Law and Islamic Religions. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e62.
Keywords: Transaction, Safih, Stupid Deal, Silly Relativity, Islamic Law, Jurists, Islamic Religions
Type of Study: Original Article |
Received: 2023/08/14 | Accepted: 2023/10/25
Received: 2023/08/14 | Accepted: 2023/10/25
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