Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 675-693 |
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Rajabi M, Ahmari H, Razmi S M. The Effect of Malik's Permission in Marriage and Iqaa Fuli after Rejection from the Point of View of Imam Khomeini and Ayatollah
Khoei and the Rights of the Subject. MLJ 2022; 16 :675-693
URL: http://ijmedicallaw.ir/article-1-1690-en.html
URL: http://ijmedicallaw.ir/article-1-1690-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
Abstract:
Background and Aim: In a short definition, a fiduciary contract can be defined as a contract in which the subject of the transaction is money that the creator does not have any kind of ownership or permission to possess. This type of contract can cover a wide range of current transactions in the society and without a doubt; its primary ruling is the non-intrusion of such a contract. This has caused the issue of permission in a prudish contract and its related provisions to be considered one of the most widely used topics in Islamic jurisprudence and covers a wide range of jurisprudential issues. And accordingly, it should be reflected in the civil law of the Islamic Republic of Iran. Due to the importance of this issue, the great jurists have been discussing this topic for a long time.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Due to the importance of this issue, the great jurists have long discussed and debated in this area, but among them, Imam Khomeini's jurisprudence opinions as a historical continuation of the school of Qom and especially the school of Sheikh Abdul Karim Haeri and Ayatollah Seyyed Abul Qasim. Khoei is very important as the point of maturity of Najaf jurisprudence school and especially Mirzai Naini School.
Conclusion: In Iran's legal system, the permission of the owner affects the Fozuli contract from the beginning. For rejection, Hazrat Imam Khomeini (RA) has considered the effect of rejection like Sheikh Ansari in an essay concept and in this regard he has said: If we accept that rejection causes the termination and destruction of the transaction, in order to know what the rejection is achieved with we have to check the proof of the rejection of the contract.
Please cite this article as:
Rajabi M, Ahmari H. The Effect of Malik's Permission in Marriage and Iqaa Fuli after Rejection from the Point of View of Imam Khomeini and Ayatollah Khoei and the Rights of the Subject. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e41.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Due to the importance of this issue, the great jurists have long discussed and debated in this area, but among them, Imam Khomeini's jurisprudence opinions as a historical continuation of the school of Qom and especially the school of Sheikh Abdul Karim Haeri and Ayatollah Seyyed Abul Qasim. Khoei is very important as the point of maturity of Najaf jurisprudence school and especially Mirzai Naini School.
Conclusion: In Iran's legal system, the permission of the owner affects the Fozuli contract from the beginning. For rejection, Hazrat Imam Khomeini (RA) has considered the effect of rejection like Sheikh Ansari in an essay concept and in this regard he has said: If we accept that rejection causes the termination and destruction of the transaction, in order to know what the rejection is achieved with we have to check the proof of the rejection of the contract.
Please cite this article as:
Rajabi M, Ahmari H. The Effect of Malik's Permission in Marriage and Iqaa Fuli after Rejection from the Point of View of Imam Khomeini and Ayatollah Khoei and the Rights of the Subject. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e41.
Type of Study: Original Article |
Received: 2023/08/8 | Accepted: 2023/09/28
Received: 2023/08/8 | Accepted: 2023/09/28
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