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Information Journal Paper

Title

Jurisprudential research, law in relation to covenant and custom (Comparative study in Islamic jurisprudence and law)

Pages

  47-63

Abstract

 In this paper, after defining the Contract and mentioning its types, it will try to provide a comprehensive definition of the Contract. In this regard, the features and characteristics of this division will be expressed. It should be noted that there are three approaches to this division among jurists and jurists: these approaches come from different perceptions of this division, which is also due to the fact that the authors' Which has sometimes led to inappropriate censorship of civil law by some of the ideas of Western systems, especially France. However, with a thorough analysis of the jurisprudential foundations of the subject, a coherent analysis of the law of civil law can be provided. In this paper, it will be tried to provide a clear and clear benchmark for dividing the Contract into a custom and a covenant based on legal and legal principles. Throughout the text, we will give a detailed and precise analysis of the examples contained in the civil law and provided in the sources of jurisprudence. Because there are different approaches to this division-both among jurists and among jurists-this paper will seek to choose the appropriate approach and make it soundly based on it. The paper has been analyzed by analytical-descriptive methodology and library study, with a snippet of research literature.

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  • Cite

    APA: Copy

    Fallahi, Azad, & Khoenei, Ghafor. (2019). Jurisprudential research, law in relation to covenant and custom (Comparative study in Islamic jurisprudence and law). JOURNAL OF LAW AND POLITICS, 15(39 ), 47-63. SID. https://sid.ir/paper/127738/en

    Vancouver: Copy

    Fallahi Azad, Khoenei Ghafor. Jurisprudential research, law in relation to covenant and custom (Comparative study in Islamic jurisprudence and law). JOURNAL OF LAW AND POLITICS[Internet]. 2019;15(39 ):47-63. Available from: https://sid.ir/paper/127738/en

    IEEE: Copy

    Azad Fallahi, and Ghafor Khoenei, “Jurisprudential research, law in relation to covenant and custom (Comparative study in Islamic jurisprudence and law),” JOURNAL OF LAW AND POLITICS, vol. 15, no. 39 , pp. 47–63, 2019, [Online]. Available: https://sid.ir/paper/127738/en

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