Jurisprudential Correctness of the Taʻ lī qi (Conditional) Liability with the Critical Analysis of The Articles 691, 699 and 700 of the Civil Code of Iran

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Khoshnaghsh Hadi; Adibi Mehr Muhammad

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Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2022 | Volume:13 | Issue:24 Page(s): 137-162

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Information Journal Paper

Title

Jurisprudential Correctness of the Taʻ lī qi (Conditional) Liability with the Critical Analysis of The Articles 691, 699 and 700 of the Civil Code of Iran

Author(s)

Khoshnaghsh Hadi | Adibi Mehr Muhammad | Issue Writer Certificate

Keywords

FiqhQ2

ContractQ2

Tanjiz (It’s being unconditionally operational)Q1

Taʻlīqi (conditional) liabilityQ1

The civil codeQ1

Abstract

One of the jurisprudential challengeable issues is the problem of the requirement of tanjiz (Arabic: تنجیز being unconditionally operational) in the Islamic Contracts and according to the opinion of some Islamic jurists, there is an ijma' (Arabic: اجماع consensus among Islamic Shia jurists) on the annulment of the taʻ lī q (Arabic: تعلیق conditional) Contract. One of the important and adaptable Contracts is the Contract of ḍ amā n (Arabic: ضمان liability) that according to the most of Islamic Shia jurists the mentioned ijma is in current and taʻ lī qi liability is void. From the other side, some other jurists with the criticism of the proofs of the voidance of taʻ lī q and also with adducing to the general evidences of the fulfilment of the Contract oppose the decree of the annulment. In their opinion, it has been documented ijma (Arabic: اجماع مدرکی) and the main reason for its annulment (voidance) is the rational refusal of taʻ lī q in Contracts but different examples of the violation in Fiqh is a proof not to accept this rational demonstration and also the validity of the title “ mutual obligation or liability” for the inclusion of the general proofs of the fulfilment of Contract is enough and taʻ lī qi (conditional) liability has such feature. It seems that with observing the different opinions and their reasons, the arguments of the invalidity of taʻ lī qi (conditional) liability do not have enough strength and it can be accepted the validity of it. This ordinance utilizes in the regulation and revision of Articles 691, 699 and 700 of The civil code (which indicate the voidance of taʻ lī qi liability) and through this way the insurance Contract as one of its instances can be corrected.

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APA: Copy

Khoshnaghsh, Hadi, & Adibi Mehr, Muhammad. (2022). Jurisprudential Correctness of the Taʻ lī qi (Conditional) Liability with the Critical Analysis of The Articles 691, 699 and 700 of the Civil Code of Iran. CIVIL JURISPRUDENCE DOCTRINES, 13(24 ), 137-162. SID. https://sid.ir/paper/393776/en

Vancouver: Copy

Khoshnaghsh Hadi, Adibi Mehr Muhammad. Jurisprudential Correctness of the Taʻ lī qi (Conditional) Liability with the Critical Analysis of The Articles 691, 699 and 700 of the Civil Code of Iran. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2022;13(24 ):137-162. Available from: https://sid.ir/paper/393776/en

IEEE: Copy

Hadi Khoshnaghsh, and Muhammad Adibi Mehr, “Jurisprudential Correctness of the Taʻ lī qi (Conditional) Liability with the Critical Analysis of The Articles 691, 699 and 700 of the Civil Code of Iran,” CIVIL JURISPRUDENCE DOCTRINES, vol. 13, no. 24 , pp. 137–162, 2022, [Online]. Available: https://sid.ir/paper/393776/en

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