Arshian Fars Jurisprudential and Legal Journal

Arshian Fars Jurisprudential and Legal Journal

A comparative study of Iqaa Fazuli in Iranian law, Imami jurisprudence and Sunni jurisprudence

Document Type : Promotional article

Authors
1 University professor
2 دانشجو
3 university pr.
4 University PR.
Abstract
Iqaa Fozuli is one of the topics that does not have a specific ruling in general in Iran's legal system. Therefore, based on the license issued by Article 167 of the Constitution and Article 3 of the Islamic Republic of Iran. Inevitably, referring to jurisprudence as the main source of laws in the country, the opinions of jurists were examined in this regard. Most of them have commented on its authenticity in Iqaaat based on the basis of idiosyncratic selling, and a large number of jurists have voted against the invalidity of Iqaat's idioms. The appearance of the statements of the Imamiyyah jurists is that no-deal contracts, both exchange and non-exchange, are all valid and non-enforceable, and like no-sale, they need the permission of the owner. However, there is a difference of opinion among the jurists of the Imamiyyah regarding the nosy narrations, and some of them believe that it is correct and some believe that it is invalid. The Civil Code of the Islamic Republic is also silent about voyeurism and does not have an explicit ruling. In the end, it can be concluded that Maliki's jurisprudence has a lot in common with the Imami jurisprudence in the issue of the sale of promiscuous property; Although there are differences of jurisprudential opinions in some branches. However, from the comparison of the issues discussed in Maliki's jurisprudence with what is found in the books of Imamiyyah jurisprudence, we come to the conclusion that the number and variety of branches of the plan There are many more issues mentioned in Imami jurisprudence books than Maliki jurisprudence. What the author has learned from the Hanafi religion is that, in order to explain the principles of fiddling with the rulings of proxy and proxy, one can consider the development of the Hanafis' point of view against fiddling operations, including marriage and marriage. In Shafi'i jurisprudence, it is famous for the invalidity of Iqaa Foli, who considered the role of will in marriage and Iqaa to be distinct in their foundations. On the other hand, they tend to invalidate nikah fuli. In Hanbaleh, the opinions are mixed, but the tendency is to validate the idiosyncratic sound in the case of enforcement.
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