Analysis of the Application of the Transaction to Escape from Religion in Jurisprudence and Islamic Law of Iran

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Heydarian Dolatabadi Mohammad Javad; Mazaheri Kohhanestani Rasoul

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2019 | Volume:12 | Issue:23 Page(s): 191-232

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Information Journal Paper

Title

Analysis of the Application of the Transaction to Escape from Religion in Jurisprudence and Islamic Law of Iran

Author(s)

Heydarian Dolatabadi Mohammad Javad | Mazaheri Kohhanestani Rasoul | Issue Writer Certificate

Keywords

Transaction to escape from religionQ1

marriageQ2

willQ1

jurisprudence and rightsQ2

interlocutorsQ1

Abstract

The deal to escape from religion is a general discussion of the "period between the apparent and inner will". Contrary to what some people think, in Islamic jurisprudence, will not have a high status. For this reason, the jurists in the process of formation of transactions and niqas have considered the role of the transactors' will more than anything else, and they do not consider the words and other means of declaring the will alone and without discovering the will of the interlocutors to create any obligation. Among the important discussions about will is the discussion of the apparent and esoteric will in jurisprudence and law. The question is, is the legal practice of its existence as proof and in regulating the relations between the parties, of the apparent will or of the inner will? Which other face of will will be the criterion, in other words? Based on this research, intention and will in the base of "following the marriage from intention" is the intent and will of the esoteric. The necessity of realizing the intent as an essential and necessary part of the transaction is inevitable. Therefore, our purpose of adherence is not merely a firm follow-up of the intention of the intention, but to mean that this adherence is proving.

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APA: Copy

Heydarian Dolatabadi, Mohammad Javad, & Mazaheri Kohhanestani, Rasoul. (2019). Analysis of the Application of the Transaction to Escape from Religion in Jurisprudence and Islamic Law of Iran. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 12(23 ), 191-232. SID. https://sid.ir/paper/212099/en

Vancouver: Copy

Heydarian Dolatabadi Mohammad Javad, Mazaheri Kohhanestani Rasoul. Analysis of the Application of the Transaction to Escape from Religion in Jurisprudence and Islamic Law of Iran. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2019;12(23 ):191-232. Available from: https://sid.ir/paper/212099/en

IEEE: Copy

Mohammad Javad Heydarian Dolatabadi, and Rasoul Mazaheri Kohhanestani, “Analysis of the Application of the Transaction to Escape from Religion in Jurisprudence and Islamic Law of Iran,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 12, no. 23 , pp. 191–232, 2019, [Online]. Available: https://sid.ir/paper/212099/en

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