نوع مقاله : مقاله علمی پژوهشی
نویسنده
استادیار گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی، دانشگاه ایلام،
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
There is no difference between Imamiyyah jurists regarding the proof of joint property with the reason of "single and sworn witness" and on the other hand, the necessity of swearing oaths by all the claimants and partners and the lack of proof of the right to make false oaths. The property is taken by Halef; In this case, there is no well-known opinion among the jurists, there is a group that believes in detail in Ain and religion, such that in Ain, property is shared between Halaf and Naqal, and in religion, property is exclusive to Halaf, a group that believes in absolute partnership. Be it in Ain or in religion) and the other group have also considered the absolute non-participation. In the relevant laws, there is no article that explicitly deals with the discussion and specifies its ruling. Considering the importance of the problem, by adopting the descriptive-analytical method, while counting the statements in the problem, the documents of each point of view were analyzed and criticized, and in the end, he came to the conclusion that Saeb's theory is a description between the object and the religion, and the competing statements Due to the weakness of their documentation, they are unable to prove their claim.
کلیدواژهها [English]
)