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Paper Information

Journal:   FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)   FALL 2011-WINTER 2012 , Volume 44 , Number 2; Page(s) 139 To 154.
 
Paper: 

REREADING AND CRITICISM OF PROOFS RESTRICTING OPTION OF MEETING PLACE TO THE SALE CONTRACT

 
 
Author(s):  MOVAHHEDI MOHEBB MEHDI*
 
* UNIVERSITY OF SEMNAN
 
Abstract: 

Restriction of option of meeting place to the sale contract is treated as incontrovertible in both Shiite jurisprudence and Iranian civil code in such a way that it is considered among necessities of Shiite jurisprudence by some and a matter of consensus by others. However, Malik and Abu Hanifa radically denied the prevailing opinion and Shafii had his own idea in this connection.
Since transactions are not dependent upon divine instruction but rather are handed over to the custom of the wise on the one hand and the wise can generally discover criteria of their religious precepts on the other, the present essay explains various opinions of jurists on the option of meeting place reviewing and criticizing their proofs and arguments first, expounds the theory of generalization of option of meeting place along with its evidence and supporters secondly, and, annulling the peculiarity to sale contract, concludes that option of meeting place includes all irrevocable contracts (except marriage) in which the criterion of option of meeting place exists.

 
Keyword(s): SALE, OPTION OF MEETING PLACE, EXAMINATION OF THE CRITERION, IRREVOCABLE CONTRACTS, ANNULMENT OF PECULIARITY, IRREVOCABLE CONTRACTS, THE CUSTOM OF THE WISE
 
References: 
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