EXAMINATION OF THE LEGITIMACY OF UNDETERMINED CONTRACTS IN ISLAMIC LAW

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DHAKER SALEHI GHULAM RIDA

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Paper Information

Journal: JOURNAL OF ISLAMIC STUDIES Year:2007 | Volume:- | Issue:75 (ISLAMIC LAWS AND JURISPRUDENCE) Page(s): 39-76

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Title

EXAMINATION OF THE LEGITIMACY OF UNDETERMINED CONTRACTS IN ISLAMIC LAW

Author(s)

DHAKER SALEHI GHULAM RIDA | Issue Writer Certificate

Keywords

UNDETERMINED CONTRACTQ3

THE GENERALITIES OF THE BOOKQ3

CONSENTQ3

NEGATION OF DISTRESS AND CONSTRICTIONQ3

RATIONAL' REASONINGQ3

COMPROMISEQ2

PRIMARY CONDITIONSQ3

Abstract

Article 10 of the Iranian Civil Law states: "Private contracts, if not explicitly unlawful, are valid by those who have concluded them." Jurists have implied from the content of the above article the principle of sovereignty of will, freedom of contracts, and the validity and authenticity of UNDETERMINED CONTRACTs.The main discourse of this writing concerns the legitimacy of UNDETERMINED CONTRACTs in Islamic Jurisprudence -and Law. The writer presumes that such contracts are legitimate and valid as long as they meet the basic requirements of the authenticity of contracts.The research method adopted in this essay is "inferential" and based on the examination of the topic in the four sources of Islamic Law. To prove this hypothesis, we first review THE GENERALITIES OF THE BOOK and the related verses. Then, we proceed to the second source of the Islamic Law, i.e., traditions.Further on, we examine the significance of rational reasoning and consensus.In conclusion, the present article has been able to document the legitimacy of UNDETERMINED CONTRACTs with the first three sources and respond to the problems raised in this respect.Consensus, however, was not recognized as an appropriate reason for proving the hypothesis. At last, relying on the PRIMARY CONDITIONS (preserving specific circumstances) is a suitable approach to legitimizing such contracts. But contract by COMPROMISE, due to its discrepancies with UNDETERMINED CONTRACTs, is not applicable to them.

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APA: Copy

DHAKER SALEHI, GHULAM RIDA. (2007). EXAMINATION OF THE LEGITIMACY OF UNDETERMINED CONTRACTS IN ISLAMIC LAW. JOURNAL OF ISLAMIC STUDIES, -(75 (ISLAMIC LAWS AND JURISPRUDENCE)), 39-76. SID. https://sid.ir/paper/29590/en

Vancouver: Copy

DHAKER SALEHI GHULAM RIDA. EXAMINATION OF THE LEGITIMACY OF UNDETERMINED CONTRACTS IN ISLAMIC LAW. JOURNAL OF ISLAMIC STUDIES[Internet]. 2007;-(75 (ISLAMIC LAWS AND JURISPRUDENCE)):39-76. Available from: https://sid.ir/paper/29590/en

IEEE: Copy

GHULAM RIDA DHAKER SALEHI, “EXAMINATION OF THE LEGITIMACY OF UNDETERMINED CONTRACTS IN ISLAMIC LAW,” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 75 (ISLAMIC LAWS AND JURISPRUDENCE), pp. 39–76, 2007, [Online]. Available: https://sid.ir/paper/29590/en

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