The Jurisprudential-legal Nature of the Right to Imprisonment in Contracts with a View to International Documents

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Shaabanpour Almoshiri Elaheh; RAHBAR MAHDI; Veisi Mahmoud

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

Journal Paper

Paper Information

Journal: FIQH Year:2022 | Volume:28 | Issue:4 (108) Page(s): 139-165

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Information Journal Paper

Title

The Jurisprudential-legal Nature of the Right to Imprisonment in Contracts with a View to International Documents

Author(s)

Shaabanpour Almoshiri Elaheh | RAHBAR MAHDI | Veisi Mahmoud | Issue Writer Certificate

Keywords

Right to imprisonment

financial right

objective and religious right

compositional right

Abstract

The Right to imprisonment is optional for the parties of the contract, according to which they can defer the fulfillment of their obligation to the fulfillment of another person’ s obligation. The necessity of writing this paper is to explain the nature of the Right to imprisonment, since most of the differences in the rulings and the realm of the Right to imprisonment are because it remains unknown. Following the discovery of the truth of the Right to imprisonment, the present paper has concluded that some differences are due to the confusion of concepts related to the Right to imprisonment in Western law and Islamic jurisprudence. By re-examining these concepts in Imamiyah jurisprudence, Iranian law, and international documents, it was concluded that imprisonment is a purely financial right and despite its similarities with objective and religious rights, it cannot necessarily be considered objective or religious rights, but depends on the obligation and is also a kind of guarantee of mutual implementation that takes place in the place of defense and of course, it can be abolished or stipulated otherwise. The present findings are significantly effective in determining the limits of imprisonment, sentences, and its effects.

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APA: Copy

Shaabanpour Almoshiri, Elaheh, RAHBAR, MAHDI, & Veisi, Mahmoud. (2022). The Jurisprudential-legal Nature of the Right to Imprisonment in Contracts with a View to International Documents. FIQH, 28(4 (108) ), 139-165. SID. https://sid.ir/paper/951887/en

Vancouver: Copy

Shaabanpour Almoshiri Elaheh, RAHBAR MAHDI, Veisi Mahmoud. The Jurisprudential-legal Nature of the Right to Imprisonment in Contracts with a View to International Documents. FIQH[Internet]. 2022;28(4 (108) ):139-165. Available from: https://sid.ir/paper/951887/en

IEEE: Copy

Elaheh Shaabanpour Almoshiri, MAHDI RAHBAR, and Mahmoud Veisi, “The Jurisprudential-legal Nature of the Right to Imprisonment in Contracts with a View to International Documents,” FIQH, vol. 28, no. 4 (108) , pp. 139–165, 2022, [Online]. Available: https://sid.ir/paper/951887/en

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