Authors
Abstract
The complex contract is the contract that is mixed with various structures of other specific contracts which have lost their independence and make up a unified whole. In Islamic law jurists mention some contracts like Mozrebah, Mozareah, hire, etc. which are similar to complex contract. There are some controversies over the nature of complex contract. Some scholars suggest Solh agreement. Others believe that this contract is always one nonspecific contract, and some say we must break up this contract to its ingredients. This article shows that the correct view is considering main effect of each contract as general contract and the other as subordinate and conditions of main contract. Based on this view, this article analyze the nature of some complex contracts like hotel agreements, credit cards, leasing, service lines of water and gas and the nature of conditioned leasing, and suggests them for renting for possession and renting things for the hotel. For contract agreement it believes in the independent agreement. It claims that the complex contract is against Islamic rules and regulations.
Key words: mixed contract, mélange contract, leasing, nature of contract
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