The realm of the law of fulfilling contracts in the Jurisprudential Sects
- Author:
- Mahdi Norouzi
- Level:
- Ph.D
- Subject(s):
- Fiqh religions
- Language:
- Farsi
- Faculty:
- Faculty of Islamic Denominations
- Year:
- 2018
- Publisher:
- URD Press
- Supervisor(s):
- Hamid Jazayeri
- Advisor(s):
- Hossein Rajabi
Since precise definition of the realm of the law of fulfilling contracts and the scope of its validity in the Jurisprudential sects has a significant role in arranging “Belmani al Alam” transactions, hence the most important documentation of the law of fulfilling contracts in sects was analyzed and evaluated and attempt was made to address this law from a personal and governmental perspective. Then to determine the scope of relationship and contract with the infidels, this theory was raised that the first principle in relationships with infidels is a powerful peace; so signing a agreement with infidels is a preferable legal decision and not a secondary. But these exceptions such as the principle of Islamic independence and sovereignty should be considered. So all cases of dubious non- permission of relationship and agreement with the infidels was evaluates. In the following, in contrary to the opinion of famous jurisprudents of jurisprudential sects, based on the theory of the originality of peace in Islam, in the case of fear of violation of ceasefire agreement, non-permission of termination of contract was accepted and termination of contract in surat Al-Anfal [verse 58] is indication of throwing written undertaking toward enemy which is in fact as a warning to them. And if we eventually have to terminate the agreement it will be a termination with awareness of the violation of the agreement from the opposite side which should be done at stages. Finally, attempts were made to identify similar cases with the verdict of termination of the agreement in the fear of violation in international relations. Hence a comparison was made between verdict of termination of treaties on grounds of breach from the enemy and prediction of contract violations convention on contracts for the international sale of goods and the result was that if the termination of the agreement is considered in stages in this Verse, the verdict of this Verse can be a documentary for this convention.