Contract of Trustworthiness (Bay‘ al-Wafa’ ) in Jurisprudence of Islamic Schools of Thought and Law of Iran and Afghanistan: A Comparative Study

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KAZEMI MAHMOUD; Mohammadi Esmatullah

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Journal: FIGHE MOQARAN Year:2020 | Volume:7 | Issue:14 Page(s): 29-59

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Information Journal Paper

Title

Contract of Trustworthiness (Bay‘ al-Wafa’ ) in Jurisprudence of Islamic Schools of Thought and Law of Iran and Afghanistan: A Comparative Study

Author(s)

KAZEMI MAHMOUD | Mohammadi Esmatullah | Issue Writer Certificate

Keywords

Contract of Trustworthiness (Bay‘al-Wafa’)

Contract of Condition (Bay‘al-Shart)

The Period of Option

Contract Including the Right to Refund

Deficient of Corrupt Contract (‘Aqd al-Fasid)

Abstract

Contract of Trustworthiness (Bay‘ al-Wafa’ ) also known as Permitted Contract (Bay‘ al-Ja’ iz), Contract of Trust (Bay‘ al-Amanah) and Contract of Responsibility (Bay‘ al-‘ Uhdah), is a concept which emerged in Sunni jurisprudence in the late fifth century (AH) and there are lots of controversy in explaining its nature and rules. In Imami Jurisprudence, it has been referred to under titles such as Contract of Condition (Bay‘ al-Shart) and Optional Contract (Bay‘ al-Khiyar). Bay‘ al-Wafa’ differs from Bay‘ al-Shart in terms of jurisprudential background and some decrees. However, there are many similarities between them, because both are created on the necessity and are known as a sale contract and both have the property effects. There are also many controversies about the nature of this kind of contract and its effects in Sunni Jurisprudence. Following the Imami Jurisprudence, Bay‘ al-Shart has been included in the Iranian Civil Code, in articles 458-462, but changes have been made to its effects and the decrees related to it over time. On the other hand, the legislator in Afghanistan, following the Hanafi Jurisprudence, has included Bay‘ al-Wafa’ in Civil Code of this country. This paper attempts to study this legal subject in different Muslim schools of thought, determining the basis of legislation and the economic usage, and then it tries to analyze its nature, effects and decrees related to it, and express the evolutions which have been made in law in this regard.

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APA: Copy

KAZEMI, MAHMOUD, & Mohammadi, Esmatullah. (2020). Contract of Trustworthiness (Bay‘ al-Wafa’ ) in Jurisprudence of Islamic Schools of Thought and Law of Iran and Afghanistan: A Comparative Study. FIGHE MOQARAN, 7(14 ), 29-59. SID. https://sid.ir/paper/267054/en

Vancouver: Copy

KAZEMI MAHMOUD, Mohammadi Esmatullah. Contract of Trustworthiness (Bay‘ al-Wafa’ ) in Jurisprudence of Islamic Schools of Thought and Law of Iran and Afghanistan: A Comparative Study. FIGHE MOQARAN[Internet]. 2020;7(14 ):29-59. Available from: https://sid.ir/paper/267054/en

IEEE: Copy

MAHMOUD KAZEMI, and Esmatullah Mohammadi, “Contract of Trustworthiness (Bay‘ al-Wafa’ ) in Jurisprudence of Islamic Schools of Thought and Law of Iran and Afghanistan: A Comparative Study,” FIGHE MOQARAN, vol. 7, no. 14 , pp. 29–59, 2020, [Online]. Available: https://sid.ir/paper/267054/en

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