Impact of Fundamental Differences in Authorization of Different Fatwas by Jurists in Some Rules on Option of Lesion and Defect based on Imam Khomeini’ s Viewpoints

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.

MOUSAVI SEYYED MOHAMMAD SADEGH; Aziz Seyed Mohsen; RAZAVI SEYED ALI

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

Journal Paper

Paper Information

Journal: Matin research journal Year:2019 | Volume:21 | Issue:84 Page(s): 73-90

Download Full-Text

Persian Verion

View:

545

Download:

Cites:

Information Journal Paper

Title

Impact of Fundamental Differences in Authorization of Different Fatwas by Jurists in Some Rules on Option of Lesion and Defect based on Imam Khomeini’ s Viewpoints

Author(s)

MOUSAVI SEYYED MOHAMMAD SADEGH | Aziz Seyed Mohsen | RAZAVI SEYED ALI | Issue Writer Certificate

Keywords

Difference in fundamentalsQ1

difference in FatwaQ1

AuthorizationQ1

option of lesionQ1

option of defectQ1

Abstract

The scholars’ differences in opinion on religious law fundamentals and their approaches toward the practical principles such as Authorization or istishab are among the major and decisive factors in issuing different Fatwas (nonbinding legal opinion on a point of Islamic law (sharia)) in various jurisprudential aspects. This paper has reviewed and analyzed the effects of fundamental differences in Authorization of different Fatwas by jurists in some rules on option of lesion and defect based on Imam Khomeini’ s views. The paper has proven that the differences in opinion of the scholars in terms of Authorization are not merely theoretical and they have led to fundamental differences in their Fatwas in practice as well. For instance, the difference of opinion in sustainability of the option of lesion for the defrauded person in case of paying the balance by the deceiver comes from the difference of opinion in legal presumption of continuity of the status quo in doubtful case. Based on the views of some jurists such as Imam Khomeini, who confirms legal presumption of continuity of the status quo in doubtful case, in this case the principle of option will be valid. Also the difference of opinion in urgency of option of lesion is due to the dispute on priority of the principle of Authorization over the principle of bindingness. As in the case of option of defect, despite difference of opinion on the disputes between the transaction parties at the time of the discovery of defect on the object of sale, the guaranty or non-guaranty of the vendor has its roots in the difference on non-existent Authorization.

Cites

No record.

References

No record.

Cite

APA: Copy

MOUSAVI, SEYYED MOHAMMAD SADEGH, Aziz, Seyed Mohsen, & RAZAVI, SEYED ALI. (2019). Impact of Fundamental Differences in Authorization of Different Fatwas by Jurists in Some Rules on Option of Lesion and Defect based on Imam Khomeini’ s Viewpoints. PAZHUHESHNAMEH MATIN, 21(84 ), 73-90. SID. https://sid.ir/paper/93810/en

Vancouver: Copy

MOUSAVI SEYYED MOHAMMAD SADEGH, Aziz Seyed Mohsen, RAZAVI SEYED ALI. Impact of Fundamental Differences in Authorization of Different Fatwas by Jurists in Some Rules on Option of Lesion and Defect based on Imam Khomeini’ s Viewpoints. PAZHUHESHNAMEH MATIN[Internet]. 2019;21(84 ):73-90. Available from: https://sid.ir/paper/93810/en

IEEE: Copy

SEYYED MOHAMMAD SADEGH MOUSAVI, Seyed Mohsen Aziz, and SEYED ALI RAZAVI, “Impact of Fundamental Differences in Authorization of Different Fatwas by Jurists in Some Rules on Option of Lesion and Defect based on Imam Khomeini’ s Viewpoints,” PAZHUHESHNAMEH MATIN, vol. 21, no. 84 , pp. 73–90, 2019, [Online]. Available: https://sid.ir/paper/93810/en

Related Journal Papers