Comparative Analysis of the Theory of Irreversibility of Void Right

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MOHAMMADI SEYED SAJJAD; Mousavian Seyed Abolfazl; MORTAZI AHMAD

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Journal: FIGHE MOQARAN Year:2020 | Volume:7 | Issue:14 Page(s): 267-289

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Title

Comparative Analysis of the Theory of Irreversibility of Void Right

Author(s)

MOHAMMADI SEYED SAJJAD | Mousavian Seyed Abolfazl | MORTAZI AHMAD | Issue Writer Certificate

Keywords

Void Right

Reversibility or Irreversibility

What is Extinguished Shall Not Return

Right

rule

Abstract

The definition of irreversibility rule provisions about void affair is that, in case that if someone voids his own Rights such as preemption, retaliation, etc., he cannot undo and enforce his voided Right again. Imami and Sunni jurists’ verdict for most of the Islamic Jurisprudence chapters includes the irreversibility of the void affairs and in contrast, some Imami and Sunni jurists’ accept the reversibility of the void affairs. It seems that verses 178 and 237 of Surah al-Bagharah, evidences from Sama‘ ah, Fudhail, and Abi-Basir, and also some jurisprudential rules like Rational Reasons, Wise Peoples rules and Lack of System Disorder and Lack of Hardship signify the reasonability of this issue. Based on the prevalent usage and practicality of this rule in Jurisprudence of Schools of thought, the current research intends to express the nature of a Right/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Void Right, and review Voidable Affairs, reversibility and irreversibility in Jurisprudence of Schools of thought and then elaborate jurisprudential reasons of the aforementioned rule.

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APA: Copy

MOHAMMADI, SEYED SAJJAD, Mousavian, Seyed Abolfazl, & MORTAZI, AHMAD. (2020). Comparative Analysis of the Theory of Irreversibility of Void Right. FIGHE MOQARAN, 7(14 ), 267-289. SID. https://sid.ir/paper/267050/en

Vancouver: Copy

MOHAMMADI SEYED SAJJAD, Mousavian Seyed Abolfazl, MORTAZI AHMAD. Comparative Analysis of the Theory of Irreversibility of Void Right. FIGHE MOQARAN[Internet]. 2020;7(14 ):267-289. Available from: https://sid.ir/paper/267050/en

IEEE: Copy

SEYED SAJJAD MOHAMMADI, Seyed Abolfazl Mousavian, and AHMAD MORTAZI, “Comparative Analysis of the Theory of Irreversibility of Void Right,” FIGHE MOQARAN, vol. 7, no. 14 , pp. 267–289, 2020, [Online]. Available: https://sid.ir/paper/267050/en

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