Comparative study of agreement on transactions in Islamic jurisprudence and Iranian law

Authors

  • Mohammad Reza Marandi Islamic Azad University, Garmi Branch
  • Rashid Jalali Jeivan Islamic Azad University, Garmi Branch

DOI:

https://doi.org/10.24200/jsshr.vol5iss01pp18-22

Abstract

To investigate the letter of promise in principles and documentation of jurisprudence, we should go unto resources required people to fulfill its obligations and treaties. Quranic explanation such as and prophetic narrations have been applied to all contracts and conditions and required Muslims in each age and time, to be loyal to all their obligations and treaties (that are not inconsistent to the general principles of religious law).  Methodology: In Iranian legal system, Contracts had been in two forms including: Certain contracts and uncertain contracts. The letter of promise has been included Article 10 of the Civil Code and is binding document in accordance with Article 10 of the Civil Code that says:" Private contracts are penetrating towards those who have signed it if it is not against the law". Results: There are many signs to the necessity of letters of promise obligations in verses, narrations and legal articles, so that this document, in addition to credibility is irrevocable if it has been set correctly. Conclusion: And Pledged cannot deny these obligations with his unilateral will   and without compromising the oblige and refuses to do it. 

References

Abhari, H., & Sorkhi, A. 2008. the ordinary documents in real estate transactions, 1 volume, first edition, Tehran: think-makers.

Al-Saati, A. 2003. The permissible gharar (risk) in classical Islamic jurisprudence. Journal of King Abdulaziz University: Islamic Economics, 16(2).

Ansari-Pour, M. A. 1994. Interest in international transactions under Shiite jurisprudence. Arab Law Quarterly, 158-170.

El-Gamal, M. A. 2003. Interest and the paradox of contemporary Islamic law and finance. Fordham Int'l LJ, 27, 108.

El-Gamal, M. A. 2007. Incoherence of contract-based Islamic financial jurisprudence in the age of financial engineering. Wis. Int'l LJ, 25, 605.

Haeri, M. 1994. the principle of freedom of contract (analysis of Article 10 of the Civil Code), Tehran, publisher of the Universe.

Hamoudi, H. A. 2006. Jurisprudential schizophrenia: on form and function in Islamic finance. Chi. J. Int'l L., 7, 605.

Hosseini Maraghi, A.F. 1997. Alanavin, Vol. 2, first edition, Institute spread Islam.

Jafari Langroodi, MJ. 2009. terminology Rights, Volume 1, Edition 22, Tehran: Treasure of Knowledge.

Katouzian, N. 1997. civil law - general rules of contracts, Tehran: Publishing Company, Fourth Edition, First

Katouzian, N. 2004. proof and evidence, Volume 1, Tehran: Publication.

Mousavi Khomeini, S.R. 1989. Bai Book, Volume IV, first edition, Tehran: Institute for the Publication of Imam Khomeini (RA).

Tabatabaei Yazdi, M.K. 1990. fringe Almkasb, Volume II, First Edition, Qom: Institute of Ismaili.

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Published

2019-08-15

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