NATURE AND EFFECTS OF REVOCATION IN SHAAFEIDE JURISPRUDENTS AND MAALIKEE

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TOHIDI MOHSEN; ZIAEY MOHAMMAD ADEL

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Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2012 | Volume:5 | Issue:9 Page(s): 9-40

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Information Journal Paper

Title

NATURE AND EFFECTS OF REVOCATION IN SHAAFEIDE JURISPRUDENTS AND MAALIKEE

Author(s)

TOHIDI MOHSEN | ZIAEY MOHAMMAD ADEL | Issue Writer Certificate

Keywords

REVOCATIONQ2

CANCELLATIONQ2

SHAAFEIDEQ2

MAALIKEEQ2

Abstract

Iqaalla-h is an agreement between two parties to revoke voluntarily a revocable contract. The legitimacy of REVOCATION (iqaala-h) can be justified based on Koranic verses and with the assistance of reason, as well. Jurisprudents, however, consider traditions from the holy prophet of Islam (p.b.u.h) sufficient in this regard, among which there is the tradition”.Anyone who accords with the other party’s willingness to revoke an agreement, God will accept your (the prophet’s) intervention, on the Doomsday, for that person’s sins to be forgive”. The jurisprudents of two Islamic Sunni branches, MAALIKEE and Hanafee, regarded REVOCATION (iqaalla-h) as a religiously recommendable action (mosta-hab) which accords with pthe prophet’s traditions.Jurisprudents of the two Islamic branches, MAALIKEE and Hanafee, all consent to REVOCATION (iqaala-h) referring to the traditions of the holy prophet (p.b.u.h) and have stated its authenticity.However, there is disaccord among them concerning the definitions, conditions, nature and effects of REVOCATION (iqaala-h). SHAAFEIDE jurisprudents areall in accord with one another concerning the nature of iqaalla-h and all of them consideriqaalla-h to be REVOCATION of a contract or agreement. Among MAALIKEE jurisprudents, however, there is no such an accord. Some of them consider iqaalla-hto be the REVOCATION of an agreement or contract, whereas the majority of them regard it to be a new deal. SHAAFEIDEs treat iqaalla-has REVOCATION. But thereare some among them who ask how anannulled contact or agreement can be revoked. The answer is thatiqaalla-his arelative rather than an absolute REVOCATION of an agreement. Consequently the two parties can return to the first contract through a new iqaalla-h.Every agreement, however, is not revocable and iqaala-h is effective merely in revocable contractsbased on a bilateral agreement such as purchase and lease. But agreements not binding based on bilateral rights and revocable according to one party’s willingness and request such as matrimony orwaghf (the devotion of a property or estate to a religious or charity purpose) require a special justification for their REVOCATION.The condition of increasing or decreasing is null and void in Shafeide jurisprudence, whereas in Maalekee jurisprudence it does not cause the agreement to be revoked on condition that certain rules and regulations are regarded.

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APA: Copy

TOHIDI, MOHSEN, & ZIAEY, MOHAMMAD ADEL. (2012). NATURE AND EFFECTS OF REVOCATION IN SHAAFEIDE JURISPRUDENTS AND MAALIKEE. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 5(9), 9-40. SID. https://sid.ir/paper/212125/en

Vancouver: Copy

TOHIDI MOHSEN, ZIAEY MOHAMMAD ADEL. NATURE AND EFFECTS OF REVOCATION IN SHAAFEIDE JURISPRUDENTS AND MAALIKEE. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2012;5(9):9-40. Available from: https://sid.ir/paper/212125/en

IEEE: Copy

MOHSEN TOHIDI, and MOHAMMAD ADEL ZIAEY, “NATURE AND EFFECTS OF REVOCATION IN SHAAFEIDE JURISPRUDENTS AND MAALIKEE,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 5, no. 9, pp. 9–40, 2012, [Online]. Available: https://sid.ir/paper/212125/en

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