Analysis of the Legal Nature of Lease Documents
Journal Title: فقه و اصول - Year 2012, Vol 44, Issue 89
Abstract
Among the important discourses in financial law are the issues related to financial institutions. Going through these issues are of considerable significance in Islamic law since the lawmaker prohibits specific types of transactions – usurious, risk taking, harmful. Enquiry into the legitimacy and nature of new financial products is among the important ventures of Islamic financial law. One of the new financial tools is the lease documents (sukuk). Analysis of the legal nature of these documents – as a novel contract – is of importance because it has been unprecedented in Iranian legal surveys and its legitimacy, nature, descriptions, and repercussions have not been sufficiently examined. In this article, the technical features, legitimacy, nature, and legal repercussions of these documents are reviewed and analyzed. Given the similarity of the ordinances of these documents with lease contract and the possibility of their comparison with contract by compromise (‘aqd ṣulḥ), while explaining some of the differences of these documents with lease contract – including distinction between the volition of the two parties to a transaction and some ordinances – and by accepting the difference between contract by compromise and article 10 of civil law, the lease documents contract was eventually confirmed and its legal repercussions were analyzed as a new and legitimate contract by virtue of the principle of general permissibility under article 10 of civil law.
Authors and Affiliations
JalīL QanavāTī, MarḍIya DāVarī LangarūDī
Keywords
Related Articles
- EP ID EP183279
- DOI 10.22067/fiqh.v1i1.13052
- Views 113
- Downloads 0
Commitment to Non-remarriage in Traditions and Imāmī Jurisprudence
One of women’s psychological concerns is the remarriage of their husbands; however, the renowned majority of the jurists do not regard as valid the condition of non-remarriage due to its opposition to religious law. In t...
A Legal-Judicial Study of the Nature of Publication Contract
Today, the issue concerning the conferment of the whole or a part of the material rights belonging to the author and the related contracts is of special importance, to the extent that in some legal systems, such as the F...
Identifying dementia as an issue
Since the formulation of rulings is directly related to the refinement of issues, the present paper aims at outlining the extent of a mental disorder namely dementia, so that from this perspective an acceptable separatio...
Examining the Truth and Falsehood from the Viewpoint of Legal Theoreticians
Nowadays, discussion about and analysis of ṣiḥḥa (truth) and fasād (falsehood) is a focus of attention in theological (uṣūlī) writings. This issue necessitates an explanation of the present structure of the discourse of...
Searching into the Evidences on the Inclusiveness of Discretionary Punishment
Concerning the prohibited or obligatory actions for perpetrating or abandoning of which no punishment has been established, the act of determining discretionary punishment is entrusted to the Muslim judge. An important a...