REREADING AND CRITICISM OF PROOFS RESTRICTING OPTION OF MEETING PLACE TO THE SALE CONTRACT

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MOVAHHEDI MOHEBB MEHDI

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Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2012 | Volume:44 | Issue:2 Page(s): 139-154

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Information Journal Paper

Title

REREADING AND CRITICISM OF PROOFS RESTRICTING OPTION OF MEETING PLACE TO THE SALE CONTRACT

Author(s)

MOVAHHEDI MOHEBB MEHDI | Issue Writer Certificate

Keywords

SALEQ2

OPTION OF MEETING PLACEQ2

EXAMINATION OF THE CRITERIONQ1

IRREVOCABLE CONTRACTSQ2

ANNULMENT OF PECULIARITYQ2

IRREVOCABLE CONTRACTSQ2

THE CUSTOM OF THE WISEQ2

Abstract

Restriction of OPTION OF MEETING PLACE to the SALE contract is treated as incontrovertible in both Shiite jurisprudence and Iranian civil code in such a way that it is considered among necessities of Shiite jurisprudence by some and a matter of consensus by others. However, Malik and Abu Hanifa radically denied the prevailing opinion and Shafii had his own idea in this connection.Since transactions are not dependent upon divine instruction but rather are handed over to THE CUSTOM OF THE WISE on the one hand and the wise can generally discover criteria of their religious precepts on the other, the present essay explains various opinions of jurists on the OPTION OF MEETING PLACE reviewing and criticizing their proofs and arguments first, expounds the theory of generalization of OPTION OF MEETING PLACE along with its evidence and supporters secondly, and, annulling the peculiarity to SALE contract, concludes that OPTION OF MEETING PLACE includes all IRREVOCABLE CONTRACTS (except marriage) in which the criterion of OPTION OF MEETING PLACE exists.

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APA: Copy

MOVAHHEDI MOHEBB, MEHDI. (2012). REREADING AND CRITICISM OF PROOFS RESTRICTING OPTION OF MEETING PLACE TO THE SALE CONTRACT. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 44(2), 139-154. SID. https://sid.ir/paper/198490/en

Vancouver: Copy

MOVAHHEDI MOHEBB MEHDI. REREADING AND CRITICISM OF PROOFS RESTRICTING OPTION OF MEETING PLACE TO THE SALE CONTRACT. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2012;44(2):139-154. Available from: https://sid.ir/paper/198490/en

IEEE: Copy

MEHDI MOVAHHEDI MOHEBB, “REREADING AND CRITICISM OF PROOFS RESTRICTING OPTION OF MEETING PLACE TO THE SALE CONTRACT,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 44, no. 2, pp. 139–154, 2012, [Online]. Available: https://sid.ir/paper/198490/en

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