The dynamics of Shia jurisprudence in giving legitimacy to conventional and emerging contracts by giving legitimacy to peace primary" | ||
| فصلنامه علمی تخصصی فرصت | ||
| Article 5, Volume 2021501, Issue 6, July 2022, Pages 78-92 PDF (494.64 K) | ||
| Document Type: Specialized scientific | ||
| Author | ||
| دکتر Masoudi | ||
| Professor of higher levels of the seminary of Qom | ||
| Abstract | ||
| From the point of view of Imami jurists, the legitimacy of a peace treaty is not conditional on the precedent of enmity. On the other hand, it is an independent and original contract They know that they do not follow any contract in terms and conditions. Therefore, he has the ability to make contracts through him It legitimizes the convention that has no conditions, in addition to the fact that it is also effective in legitimizing emerging contracts. Peace requires the precedent of enmity, because the proof of the legitimacy of the peace contract is only in the proofs in which the word peace is used, in contrast to Sunni jurists who consider the peace contract subordinate to other contracts. It should not be considered that the appearance of the word is lexical and conventionally understood is not. The definitions of the previous jurists for the peace contract, which consider the legitimacy of the peace in order to resolve the enmity, also indicate the exclusivity of the contract. Peace does not eliminate hostility because these definitions only refer to the wisdom of legitimacy, not its cause. legitimacy The initial peace does not mean to destroy the order of the laws governing the transactions, but a special way to frame the transactions. It is emerging in the field of Sharia, and on the other hand, with the legitimacy of the initial peace, the retention of contracts is also preserved and the monopoly of transactions in Conventional contracts will not be broken. | ||
| Keywords | ||
| Primary peace; reason and wisdom; the validity of contracts; legitimacy | ||
| References | ||
|
| ||
|
Statistics Article View: 134 PDF Download: 173 |
||