Critical Reading of the Rule of Obligation (Pacta Sunt Servanda, Eghdam or Necessity Rule)

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Mirzaei Safiabad Zainab; Movahedi Moheb Mahdi

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2020 | Volume:12 | Issue:21 Page(s): 221-252

Download Full-Text

View:

Download:

Cites:

Information Journal Paper

Title

Critical Reading of the Rule of Obligation (Pacta Sunt Servanda, Eghdam or Necessity Rule)

Author(s)

Mirzaei Safiabad Zainab | Movahedi Moheb Mahdi | Issue Writer Certificate

Keywords

Rule of Obligation (Pacta Sunt Servanda

Eghdam or Necessity Rule)

International Customs

International Law

Shia

Rule of Confirmatory

Abstract

The rule of obligation (Eghdam or Necessity Rule), according to one of the relatively common readings (for example: Al-ণ illƯ 1384 AH and Mostafavi 1412 AH) is responsible for regulating the relations of Shiites with non-Shiite Muslims (and according to a quote; all non-Shiites, both Muslims and non-Muslims) in cases where they believe a ruling opposes Shiite view and that ruling is in the interest of the Shiite, which in this case Shiite oblige that person to his/her non-Shiite view. This article, while examining the definition, scope and arguments of the jurisprudential rule of necessity (Eghdam), according to two elements: “ non-Shiite side” and “ benefit of the Shiite side” from the point of view of this famous reading, criticizes the arguments of this rule and with fundamental uncertainty in it, express some considerations including, the inference (conclusive) of multiple and unequal legal systems in domestic law, the separation of nationals to each other in private international law and incompatibility with the spirit of international custom and treaties in public international law. Although this reading of the rule is also opposed by contemporary jurists, the fundamental legal reasons presented in this article in criticizing this reading of the rule are different from those oppositions and are completely new. It goes without saying that some jurists, such as Mohammad Javad Fazel 2013 (1392 in the Solar Hijri calendar), have another reading of the obligatory rule that is more compatible with the rule of confirmatory and can seriously avoid the famous reading which is criticized in this article. The rule of obligation (Eghdam or Necessity Rule), as its name implies, requires, according to this famous reading, others (whether non-Shiites or non-Muslims) to adhere to the more difficult rules of their religion or sect. However, the rule of confirmatory is only the responsibility of approving or confirming different rulings of other religions or denominations, and it does not mention the obligation and element of harm or hardship for others.

Cites

No record.

References

No record.

Cite

APA: Copy

Mirzaei Safiabad, Zainab, & Movahedi Moheb, Mahdi. (2020). Critical Reading of the Rule of Obligation (Pacta Sunt Servanda, Eghdam or Necessity Rule). CIVIL JURISPRUDENCE DOCTRINES, 12(21 ), 221-252. SID. https://sid.ir/paper/785872/en

Vancouver: Copy

Mirzaei Safiabad Zainab, Movahedi Moheb Mahdi. Critical Reading of the Rule of Obligation (Pacta Sunt Servanda, Eghdam or Necessity Rule). CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2020;12(21 ):221-252. Available from: https://sid.ir/paper/785872/en

IEEE: Copy

Zainab Mirzaei Safiabad, and Mahdi Movahedi Moheb, “Critical Reading of the Rule of Obligation (Pacta Sunt Servanda, Eghdam or Necessity Rule),” CIVIL JURISPRUDENCE DOCTRINES, vol. 12, no. 21 , pp. 221–252, 2020, [Online]. Available: https://sid.ir/paper/785872/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops