PRINCIPLE VALIDITY

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ARABIAN ASGHAR; KHODABAKHSHI HASAN

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Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2015 | Volume:7 | Issue:14 Page(s): 35-63

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Title

PRINCIPLE VALIDITY "WHOEVER IS OWNER OF THING IS ALSO OWNER OF CONFESSION OF IT" IN CONFESSION OR ANNOUNCED?

Author(s)

ARABIAN ASGHAR | KHODABAKHSHI HASAN | Issue Writer Certificate

Keywords

CONFESSIONQ2

EQRARQ1

NARRATIONQ2

PERSON WHO DOMINATEQ2

RATIONALLY CONFESSIONQ2

CONCEPT OF RATIONAL PEOPLEQ2

Abstract

Jurisprudential principle "whoever is owner of thing is also owner of CONFESSION of it" is a collected principle and famous among Shia and Sunni jurisprudents. Although the infallible Imams word specifying to this principle but not great jurisprudents like Shaykh Tusi, Ibn Idris, Ibn Barraj, mohaqeq, Allama, Fakhr Almohaqeqyn and shahid avval have appealed and based on that it has been fatwa. According to this rule, anyone who has power, domination and possession in the one thing, it also has the authority to admit towards it.Therefore, confess Attorney to his client in matters that have allowed to do it, CONFESSION Minor, in matters that are allowed to perform, as will the famous and charity and also acknowledge the legitimate representatives to dominate as governing, guardian or legal guardian, will be accepted and the sentence this law, acknowledging them as genuine CONFESSION, will be valid or that the content of this rule may give notice or announced or claim is not the the true meaning of CONFESSION.Some of the rule of rule "eqrar al oqala" that, in the case of general and specific considered and some By taking this ratio in the cases, them with each other accepted conceptually divergence. But some other, general and specific rules Relationship these two absolute expression and rule "eqrar" within in the rule of "whoever is owner" considered and some scholars like Imam Khomeini, both equally well knows rule.Of this rule, different expressions from the jurisprudents of the most famous, «whoever is owner of thing is also owner of CONFESSION of it». in the Iranian Civil Code, substances CONFESSION, based on rule "eqrar al oqala" has been set; but the some material based on this rule exists.Anyway, documenting The most important validity of this rule, consensus and consensus and CONCEPT OF RATIONAL PEOPLE is and while with the rule of law "eqrar al oqala", both case society and also case differentiate the two concepts together in the their heterogeny.

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APA: Copy

ARABIAN, ASGHAR, & KHODABAKHSHI, HASAN. (2015). PRINCIPLE VALIDITY "WHOEVER IS OWNER OF THING IS ALSO OWNER OF CONFESSION OF IT" IN CONFESSION OR ANNOUNCED?. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 7(14), 35-63. SID. https://sid.ir/paper/212145/en

Vancouver: Copy

ARABIAN ASGHAR, KHODABAKHSHI HASAN. PRINCIPLE VALIDITY "WHOEVER IS OWNER OF THING IS ALSO OWNER OF CONFESSION OF IT" IN CONFESSION OR ANNOUNCED?. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2015;7(14):35-63. Available from: https://sid.ir/paper/212145/en

IEEE: Copy

ASGHAR ARABIAN, and HASAN KHODABAKHSHI, “PRINCIPLE VALIDITY "WHOEVER IS OWNER OF THING IS ALSO OWNER OF CONFESSION OF IT" IN CONFESSION OR ANNOUNCED?,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 7, no. 14, pp. 35–63, 2015, [Online]. Available: https://sid.ir/paper/212145/en

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