THE JURISPRUDENTIAL RULING OF ABUSE OF URGENCY AND ITS EFFECT ON THE CONTRACT

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HAKIMIAN ALI MOHAMMAD

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Paper Information

Journal: Islamic jurisprudence Resaerch Year:2017 | Volume:13 | Issue:2 Page(s): 413-437

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Information Journal Paper

Title

THE JURISPRUDENTIAL RULING OF ABUSE OF URGENCY AND ITS EFFECT ON THE CONTRACT

Author(s)

HAKIMIAN ALI MOHAMMAD | Issue Writer Certificate

Keywords

ABUSE OF URGENCYQ1

URGENCYQ1

DURESSQ1

CONTRACT OF THE PERSON UNDER DISTRESSQ1

CONTRACT UNDER DURESSQ1

Abstract

Contracts under the URGENCY/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">ABUSE OF URGENCY have not been discussed in Jurisprudence as an independent subject. The jurisprudents have discussed this issue in the book of foods and drinks, following the discussion on the permissibility of consuming (eating) another's property when in an emergency; five different theories are available about the ruling of the contract between the person in distress and the owner of the food. The theory of Detailed Adjustment of the Contract has been accepted and chosen with respect to jurisprudential evidences. To make the theories more clear, firstly the literal and jurisprudential concepts of DURESS and URGENCY will be presented. Next, five theories drawn from jurisprudential books will be discussed. Finally, by referring to related Hadiths, the chosen theory will be expressed, criticized, and explained with regard to jurisprudential foundations.

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APA: Copy

HAKIMIAN, ALI MOHAMMAD. (2017). THE JURISPRUDENTIAL RULING OF ABUSE OF URGENCY AND ITS EFFECT ON THE CONTRACT. ISLAMIC JURISPRUDENCE RESEARCH, 13(2 ), 413-437. SID. https://sid.ir/paper/220996/en

Vancouver: Copy

HAKIMIAN ALI MOHAMMAD. THE JURISPRUDENTIAL RULING OF ABUSE OF URGENCY AND ITS EFFECT ON THE CONTRACT. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2017;13(2 ):413-437. Available from: https://sid.ir/paper/220996/en

IEEE: Copy

ALI MOHAMMAD HAKIMIAN, “THE JURISPRUDENTIAL RULING OF ABUSE OF URGENCY AND ITS EFFECT ON THE CONTRACT,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 2 , pp. 413–437, 2017, [Online]. Available: https://sid.ir/paper/220996/en

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