نوع مقاله : مقاله پژوهشی
نویسنده
استادیار فقه و مبانی حقوق اسلامی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In Islamic jurisprudence and, accordingly, in law, their creation is divided into two general categories of contracts and agreements, the realization of which requires acceptance and the latter does not require acceptance. of course, the jurists disagree on the validity of some constructions, which considering the rationality and signature of the transaction rulings, discovering a clear rational criterion and rule for the need or lack of acceptance can resolve the differences of opinion. Imam Khomeini is one of the contemporary jurists who have raised this issue independently and while presenting a rational rule, they have applied it to two of the controversial creations, endowment and will. In this article, after taking a look at the development of the concept of marriage and marriage in Imami jurisprudence, we examine and evaluate the view of Imam Khomeini in the rule of contract with the title (possession within the scope of the control of others). Also, two other points of view that were used from the statements of Martyr Sadr and Ayatollah Khoei, titled (Relating to the affairs of others) and (Mutual obligation) were examined and the ratio between the three precepts was measured and after presenting the acceptable precepts, the Imam's view on endowment and will have been criticized and validity of both contracts has been proven with different expressions.
کلیدواژهها [English]
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