A REINVESTIGATION OF SALE OF INTANGIBLE ASSETS IN ISLAMIC JURISPRUDENCE AND IRAN’S JUDICIAL SYSTEM

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REZAEI DAVANI MAJID; GHABOOLI DORAFSHAN SEYED MOHAMMAD HADI; GHABOOLI DORAFSHAN SEYED MOHAMMAD SADEGH

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Journal: FIGHE MOQARAN Year:2016 | Volume:4 | Issue:7 Page(s): 61-79

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Title

A REINVESTIGATION OF SALE OF INTANGIBLE ASSETS IN ISLAMIC JURISPRUDENCE AND IRAN’S JUDICIAL SYSTEM

Author(s)

REZAEI DAVANI MAJID | GHABOOLI DORAFSHAN SEYED MOHAMMAD HADI | GHABOOLI DORAFSHAN SEYED MOHAMMAD SADEGH | Issue Writer Certificate

Keywords

SALE

AIN (OBJECT)

INTANGIBLE ASSETS

RIGHT

ISLAMIC JURISPRUDENCE

CIVIL CODE

Abstract

Following a group of Shi’ite jurisprudents, Article 338 of the Islamic Republic of Iran’s CIVIL CODE defines SALE as consisting of “giving possession of a specified object (Ain) in return for a known consideration”. Since the word Ain is defined in contrast to “interest” and “right” by Shi’ite jurisprudents and to “debt” by Sunni scholars, the question is whether INTANGIBLE ASSETS can also be transmitted in the form of a contract of SALE. If yes, it will be possible to achieve an integrated legal resolution by implementing SALE-related laws and rules in these cases and by preventing disagreements on this issue. By reviewing basic jurisprudential and legal conceptions of SALE, object, property and RIGHT, the present study concludes that, considering the popular nature of SALE and the materiality of some intangible properties in the eye of the public as well as the problematic extension of the word object to include intangible properties, it is necessary to revise the definition of SALE. Convinced that the objectivity of the object of SALE is not an exclusionary condition, some Hanafi, Shafi’i and Hanbali jurisprudents use the word property instead of Ain (object) to resolve the problem of the popular norm.

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APA: Copy

REZAEI DAVANI, MAJID, GHABOOLI DORAFSHAN, SEYED MOHAMMAD HADI, & GHABOOLI DORAFSHAN, SEYED MOHAMMAD SADEGH. (2016). A REINVESTIGATION OF SALE OF INTANGIBLE ASSETS IN ISLAMIC JURISPRUDENCE AND IRAN’S JUDICIAL SYSTEM. FIGHE MOQARAN, 4(7 ), 61-79. SID. https://sid.ir/paper/266991/en

Vancouver: Copy

REZAEI DAVANI MAJID, GHABOOLI DORAFSHAN SEYED MOHAMMAD HADI, GHABOOLI DORAFSHAN SEYED MOHAMMAD SADEGH. A REINVESTIGATION OF SALE OF INTANGIBLE ASSETS IN ISLAMIC JURISPRUDENCE AND IRAN’S JUDICIAL SYSTEM. FIGHE MOQARAN[Internet]. 2016;4(7 ):61-79. Available from: https://sid.ir/paper/266991/en

IEEE: Copy

MAJID REZAEI DAVANI, SEYED MOHAMMAD HADI GHABOOLI DORAFSHAN, and SEYED MOHAMMAD SADEGH GHABOOLI DORAFSHAN, “A REINVESTIGATION OF SALE OF INTANGIBLE ASSETS IN ISLAMIC JURISPRUDENCE AND IRAN’S JUDICIAL SYSTEM,” FIGHE MOQARAN, vol. 4, no. 7 , pp. 61–79, 2016, [Online]. Available: https://sid.ir/paper/266991/en

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