THE STUDY OF JURISPRUDENTIAL PRINCIPLES OF PREEMPTION IN MOVABLE PROPERTIES FROM THE VIEWPOINT OF ISLAMIC RELIGIONS

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RAHIMI MORTEZA; POURMOLA SEYED MOHAMMAD HASHEM

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Journal: Islamic jurisprudence Resaerch Year:2018 | Volume:13 | Issue:4 Page(s): 889-912

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Title

THE STUDY OF JURISPRUDENTIAL PRINCIPLES OF PREEMPTION IN MOVABLE PROPERTIES FROM THE VIEWPOINT OF ISLAMIC RELIGIONS

Author(s)

RAHIMI MORTEZA | POURMOLA SEYED MOHAMMAD HASHEM | Issue Writer Certificate

Keywords

PREEMPTIONQ1

MOVABLEQ1

IMMOVABLEQ1

DIVISIBLEQ1

LOSSQ1

Abstract

There are two definitions for MOVABLE and IMMOVABLE properties in Islamic jurisprudence one of which is accepted in the Iranian civil code. MOVABLE and IMMOVABLE properties have several rules and effects in Islamic jurisprudence. One of these effects has been appeared as PREEMPTION which is held permissible by the famous Shi' ite and Sunni scholars for IMMOVABLE properties and not permissible for MOVABLE properties. This famous idea is accepted also by the Iranian civil code. In spite of this famous idea, the permissibility of PREEMPTION for MOVABLE properties is justifiable because the reasons of famous scholars for unlawfulness of PREEMPTION for MOVABLE properties is not faultless. Also the main reasons such as Islamic traditions and the necessity of elimination of LOSS and hardship in MOVABLE properties by PREEMPTION, justifies the permissibility of PREEMPTION in MOVABLE properties. This research uses a descriptive-analytical method and puts emphasis onijtihad methodology.

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APA: Copy

RAHIMI, MORTEZA, & POURMOLA, SEYED MOHAMMAD HASHEM. (2018). THE STUDY OF JURISPRUDENTIAL PRINCIPLES OF PREEMPTION IN MOVABLE PROPERTIES FROM THE VIEWPOINT OF ISLAMIC RELIGIONS. ISLAMIC JURISPRUDENCE RESEARCH, 13(4 ), 889-912. SID. https://sid.ir/paper/220904/en

Vancouver: Copy

RAHIMI MORTEZA, POURMOLA SEYED MOHAMMAD HASHEM. THE STUDY OF JURISPRUDENTIAL PRINCIPLES OF PREEMPTION IN MOVABLE PROPERTIES FROM THE VIEWPOINT OF ISLAMIC RELIGIONS. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2018;13(4 ):889-912. Available from: https://sid.ir/paper/220904/en

IEEE: Copy

MORTEZA RAHIMI, and SEYED MOHAMMAD HASHEM POURMOLA, “THE STUDY OF JURISPRUDENTIAL PRINCIPLES OF PREEMPTION IN MOVABLE PROPERTIES FROM THE VIEWPOINT OF ISLAMIC RELIGIONS,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 4 , pp. 889–912, 2018, [Online]. Available: https://sid.ir/paper/220904/en

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