The principle of validity of contracts in the field of Islamic thought and civil law

kiani, azeen; khosravi, hasan; abbasi, bijan

Volume 11, Issue 1 (4-2021) پژوهشهاي سياسي جهان اسلام 2021, 11(1): 19-37 | Back to browse issues page

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kiani A, khosravi H, abbasi B. The principle of validity of contracts in the field of Islamic thought and civil law. پژوهشهاي سياسي جهان اسلام 2021; 11 (1) :19-37
URL: http://priw.ir/article-1-1515-en.html

The principle of validity of contracts in the field of Islamic thought and civil law

Azeen Kiani¹

, Hasan Khosravi ^*

², Bijan Abbasi³

1- PhD Student in Public Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Associate Professor, Department of Public Law, Payame Noor University, Shahreri Center, Tehran, Iran. (responsible Author) , HKH.BE82@yahoo.com
3- Associate Professor, Department of Public Law, University of Tehran, Tehran, Iran.

Abstract: (1388 Views)

The principle of validity is disussed in jurisprudence and islamic thought. According to this principle, all contracts are right unless they are proven to be incorrect. The validity of this principle is based on the quranic verses, religious narratives and the content of article 223 of civil law. The principle of correctness applies to all contracts. The adaptation of this principle in islamic thought with civil law, according to international contractual relations, is the issue of this article. Showing the theoretical challenges is the purpose of this article. In this article, we examine the principle of correctess in islamic thought and civil law of the islamic republic of iran. We also examine the role of this principle in attracting public trust and maintaining socil order.

Keywords: the principle of correctness, islsmic thought, civil law, contract, islamic jurisprudence

Full-Text [PDF 703 kb] (1622 Downloads)

Type of Study: Research | Subject: Special
Received: 2020/12/28 | Accepted: 2021/03/13 | Published: 2021/04/4