Document Type : research
Authors
1
PhD Student, Theology, Jurisprudence, Islamic Law, Varamin-Pishva Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University, Varamin-Pishva Branch, Tehran, Iran.
3
Assistant Professor, Department of Theology, Faculty of Humanities, Varamin-Pishva Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.465302.1856
Abstract
Background and purpose: Background and Objective: Since the company and its related issues are one of the most important issues discussed in civil law and commercial law.
Materials and Methods: The present article is descriptive and analytical. The materials and data are also qualitative, and questionnaires were used to collect the materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty, and trustworthiness have been observed.
Findings: Most Imamiyya jurists, considering evidence such as consensus, null and void ownership, gharar, and lack of evidence for the legitimacy of companies based on actions, negotiations, and funds, have considered the invalidity of the aforementioned companies and have proposed solutions such as peace to legitimize these contracts, which are not only unacceptable, but there is also no need for such frameworks; because these types of companies are common among people and there is no conclusive evidence for their invalidity. From the perspective of custom, there is no rational reason for the invalidity of these contracts. The civil law does not have a specific ruling in this area, but some jurists are inclined to the validity of these obligations.
Conclusion: By examining the words of the jurists, we came to the conclusion that the alleged consensus is doubtful and some experts believe in the validity of these contracts. Other reasons are also all doubtful and controversial. Therefore, it is possible to rule on the validity of these partnerships, considering the custom, which is the basis and foundation of transactions in Islamic jurisprudence, and not resort to solutions such as peace and attorneyship.
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