A Critical Review of Localization of Good Faith

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Jafari Alil

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Journal: STRATEGY FOR CULTURE Year:2016 | Volume:8 | Issue:32 Page(s): 147-168

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Information Journal Paper

Title

A Critical Review of Localization of Good Faith

Author(s)

Jafari Alil | Issue Writer Certificate

Keywords

Good FaithQ2

IslamizationQ2

LocalizationQ2

Legal PrinciplesQ2

Imamiya JurisprudenceQ2

Abstract

The legal system of Islam should be able to interact with other legal systems while preserving its principles. One important issue is the assessment of this interaction so that it would not lead to eclecticity. Some jurists speak of compatibility of other legal systems with the Imamiya Jurisprudence and Iranian law as soon as they find a referent in a single legal principle. In fact, for proving the compatibility, besides assessing the unity of criterion of the referents of the principle of Good Faith in Imamiya Jurisprudence, one should also study the issue of relationship between Good Faith and ill will, find out whether prohibition of something requires commandment of its opposite and study implication of prohibition on corruption. The principle of Good Faith has a positive impact on contracts and proving the prohibition of ill will by the Lawgiver and obtaining unity of criterion from referents of Good Faith is just the beginning of argumentation not its end. All these preludes to argumentation require contemplation and have some problems. Attempts have been made in this article to pathologically study the German-Roman principle of Good Faith and also to study how some rings of the Islamization of Legal Principles have been neglected and what should have been imagined the beginning of the research has been imagined the end of it and accordingly one legal principle has been wrongly considered compatible with the Imamiya Jurisprudence.

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APA: Copy

Jafari, Alil. (2016). A Critical Review of Localization of Good Faith. STRATEGY FOR CULTURE, 8(32 ), 147-168. SID. https://sid.ir/paper/149212/en

Vancouver: Copy

Jafari Alil. A Critical Review of Localization of Good Faith. STRATEGY FOR CULTURE[Internet]. 2016;8(32 ):147-168. Available from: https://sid.ir/paper/149212/en

IEEE: Copy

Alil Jafari, “A Critical Review of Localization of Good Faith,” STRATEGY FOR CULTURE, vol. 8, no. 32 , pp. 147–168, 2016, [Online]. Available: https://sid.ir/paper/149212/en

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