Paper Information

Journal:   MAQALAT WA BARRASIHA   2002 , Volume 35 , Number 71; Page(s) 167 To 185.
 
Paper: 

"HAND-TO-HAND TRADE" AND THE EFFECT OF CUSTOM IN CORRECTION IT

 
 
Author(s):  ZIAII M.A.*
 
* 
 
Abstract: 
Hand -to- hand trade, which is often referred to as trade withoutnegociation or commerce, and without compliance or acceptance, is acustomary and old tradition.The opinions rejecting the correctness of this kind of trade hadseveral adherents among the first jurisprudents of the Imaml and Safelcreeds, but it has gradually lost its importance and validity until we canalmost find no adherent to it at the present time. Those who believe in the correctness of this trade have relied upon references like the book Quran, the prophetic tradition, unanimity, the rule for eleminating afault and custom. It seems that custom plays the most notable roleamong those nummerated because the others are themselves influencedby custom or derived from it.
The change in jurisprudents opinions, over time going fromexpressing the incorrectness of this trade to allowing it, demonstratestheir realistic out -look, their attention to the role of custom incommenting on religious precepts, and their yielding to the facts ofsocial life
 
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