Feasibility study of the rule of obligation and compensation in Iran's financial and legal interactions

Articles in Press

Document Type : Original Article

Author

Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Allameh Tabatabaei University, Tehran, Iran

Abstract

One of the jurisprudence rules that are effective in regulating the financial and legal relations of Shias with other religions and sects is the rule of obligation. The weakness of the document and the implication of some of the evidences of this rule has led to the denial of the existence of its content in the evidences and narrative texts, so some of the contemporary jurists of the rulings They have applied what is in these hadiths to its alternative rule, called Maqsah al-Kuqiyyeh. Although the jurists refer to these two rules in personal situations more than other jurisprudence chapters, but they have an absolute and common function in providing the interests of the followers of Imami jurisprudence in their legal and financial interactions with other followers of Islamic and non-Islamic nations and nations, which are the feasibility of the current Each of these rules in the mentioned interactions will present a unique capacity in solving some jurisprudential challenges and limitations in front of the legislator. In this research, with a descriptive-analytical method, after stating its definitions and dimensions, the extent of the influence of each of these two rules in illegal profits from Iran's financial and legal interactions was investigated by comparative jurisprudence, and the ruling on the permissibility of using such benefits as well as the right of retribution It has been proven against the losses caused by the international law system.

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Main Subjects

Studies of Islamic Jurisprudence and Basis of Law

Articles in Press, Corrected Proof
Available Online from 31 August 2024

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