THE ISLAMIC JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE COMPANIES OF LABOUR (BODIES OR ABDAN), NEGOTIATION (MUFAWADHA) AND REPUTATIONS (WUJOOH)

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GOODARZI SIAVASH; ELMI SOLA M. REZA

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2015 | Volume:- | Issue:12 Page(s): 97-117

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Title

THE ISLAMIC JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE COMPANIES OF LABOUR (BODIES OR ABDAN), NEGOTIATION (MUFAWADHA) AND REPUTATIONS (WUJOOH)

Author(s)

GOODARZI SIAVASH | ELMI SOLA M. REZA | Issue Writer Certificate

Keywords

THE COMPANY OF LABOUR (BODIES OR ABDAN)Q2

THE COMPANY REPUTATIONS (WUJOOH)Q2

THE COMPANY OF NEGOTIATION (MUFAWADHA)Q2

RISKY (GHARAR)Q2

IJMAE (CONSENSUS)Q2

THE POSSESSION OF THE NONEXISTENTQ2

Abstract

The well-known Imami Shi’a jurists (Fuqaha) believe the voidance of the companies of Labour (Bodies or Abdan), Negotiation (Mufawadha) and Reputations (Wujooh). There are no absolute proofs or evidences to prove the voidance of thesepartnerships in the Holy Quran, Islamic traditions and intellectual judgment but only proofs such as ijmae (consensus), THE POSSESSION OF THE NONEXISTENT, the absence of proofs for validity and risky (gharar) of such transactions (Muʻamalat) has been cited. The Imami Shi’a jurists (Fuqaha) believe that the validity of these transactions (Muʻamalat) are proved by Sulh (peace) and Wakalah (Agency) contracts or other mechanism (solutions). The legislature has not mentioned these partnerships and legal authorities (decrees). With analyzing the evidences of the well-known Imami Shi’a jurists (Fuqaha) sayings and after evaluating its criterion, the author has reached to this result that the clarified proofs are not sufficient to prove their claim. But these contracts have been and are of the accepted and conventional legal acts among people and there is no certain reason for the voidance (annulment) of these companies and because of its generality (currency) of these transactions among individuals, the Imami Shi’a jurists (Fuqaha) should inevitably seek a consideration (deliberation) for the validity of these contracts. Although the attitude of the validity of these contracts is contrary to the saying of the well-known ImamiShi’a jurists (Fuqaha), but some of the contemporary Imami Shi’a jurists (Fuqaha) are proponents of this saying. From the view of the civil code of Iran, article 10 which determines the principle of freedom of contract or Liberty of Contract can strengthen or encourage the attitude of validity of such transactions.

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APA: Copy

GOODARZI, SIAVASH, & ELMI SOLA, M. REZA. (2015). THE ISLAMIC JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE COMPANIES OF LABOUR (BODIES OR ABDAN), NEGOTIATION (MUFAWADHA) AND REPUTATIONS (WUJOOH). CIVIL JURISPRUDENCE DOCTRINES, -(12), 97-117. SID. https://sid.ir/paper/227253/en

Vancouver: Copy

GOODARZI SIAVASH, ELMI SOLA M. REZA. THE ISLAMIC JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE COMPANIES OF LABOUR (BODIES OR ABDAN), NEGOTIATION (MUFAWADHA) AND REPUTATIONS (WUJOOH). CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2015;-(12):97-117. Available from: https://sid.ir/paper/227253/en

IEEE: Copy

SIAVASH GOODARZI, and M. REZA ELMI SOLA, “THE ISLAMIC JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE COMPANIES OF LABOUR (BODIES OR ABDAN), NEGOTIATION (MUFAWADHA) AND REPUTATIONS (WUJOOH),” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 12, pp. 97–117, 2015, [Online]. Available: https://sid.ir/paper/227253/en

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