Journal of Fiqh and Usul
سال. Û´Û·, شماره. Û´: شماره پیاپی Û±Ã

A study into annulment (iqālah) from the perspective of Shiite jurisprudence and law

گلباغی ماسوله, سید علی جبار ( دانشگاه آزاد اسلامی واحد لاهیجان)



Article Info

Publish Date
08 Feb 2016

Abstract

Annulment is one of the institutions of contract cancellation in Shiite jurisprudence and law. One of the primary questions about every phenomenon is the question of the nature and character. Although traditionally Shiite jurists have held comparative and critical approaches toward the common views of Sunni jurists about the nature of annulment, they have not typically looked at the nature of contract annulment from the perspective of Shia jurisprudence. The present article explores the nature of ‘annulment of contracts’ as a legal and jurisprudential institution from the perspective of scholars of Shiite jurisprudence and law by observing their major views. Thus, the paper aims to review and investigate their opinions and provided reasons in order to clarify the strength of their hypotheses and theories regarding the nature of contract annulment.

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