نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی دانشگاه علوم اسلامی رضوی، مشهد مقدس
2 مدرس حوزه علمیه و دانشجوی دکتری حقوق خصوصی، دانشگاه علوم اسلامی رضوی، مشهد مقدس
3 استادیار گروه فقه و اصول دانشگاه علوم اسلامی رضوی مشهد مقدس
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
One of the controversial challenges among the jurists is the possibility of the flow of the right of shafea in the sale of cucumbers. Many Imami jurists have accepted this issue absolutely, but some only accept it where the customer has cucumbers; they accept Sunni jurists have also considered the right to intercede if the client has a choice, although some have made it dependent on the fate of the marriage. Therefore, many views have been expressed in the conflict between the actions of the cucumber and the right of intercession. According to Article 814 of the Civil Law, the right of intercession is accepted in the sale of cucumbers; Whereas, according to articles 33 and 34 of the registration law, the right of intercession is not established in the sale of cucumbers, and the flow of the right of intercession in the sale of cucumbers is hindered.
Therefore, in this research, different viewpoints and sayings in Islamic jurisprudence and subject law were presented and evaluated. With analytical, critical and ijtihad methods, it was found that there is a possibility of the right of intercession in the sale of cucumbers; with this detail that in the case of applying the option before obtaining the intercession; The right of intercession is lost; However, obtaining intercession before applying the cucumber depends on determining the fate of the cucumber.
کلیدواژه‌ها [English]
قران کریم
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