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The Approach of the Quranic Verses and Narrations towards the Rule of Will in Legal Practices
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Seyyed Mehdi Seyyed Khamoushi   1, Seyyed Hamid-Reza Malihi |
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Abstract: (4701 Views) |
| In the discipline of law, legal practices refer to a group of phenomena in which the produced effects depend upon the willpower of their producers. Legal practices can be divided into two categories: contracts and unilateral acts. Contracts refer to those practices fulfilled by the willpower of at least two individuals, and unilateral acts are those fulfilled by the willpower of one individual. Contrary to the viewpoints of the predecessors, the new views expressed by scholars of law and Islamic jurisprudence have created the assumption that legal acts are entirely governed by willpower, and only the issues prohibited by the Shari'ah limit the willpower. In this article, we seek to investigate whether there is evidence in the Quran and sunnah on the basis of which to advocate for the rule of will, and declare the theory which apparently originated from the West and has a non-Islamic origin legitimate or to accept the theory that the rule of will is not accepted in Islamic sources and raising this issue is devoid of religious basis. Finally, we will come up with the conclusion that the rule of will is derived from the religious proofs, and the Quranic verses and narrations that approve of this claim will also be interpreted and explicated. |
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| Keywords: the rule of will, the application of proofs, the requirements of a contract, trazi (the contentment of both sides of a contract). |
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Full-Text [PDF 254 kb]
(1124 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2017/06/30 | Accepted: 2017/08/14 | Published: 2017/10/7
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