الرافدین للحقوق (Dec 2012)
The rule of contract A Comparative Study
Abstract
Contracts only prescribed the need for and interest not to pure worship, and what is indicated by the presence before Shara, where he was hired known among the Arabs before Islam, were known decades offsets financial sale and leasing and Istisna and the like, and what evidence they found the need and interest that Islam endorsed on the face of them are bound to check for people their interests and provide them Rgaúbhm and needs, also approved for people to establish contracts willingly, and make of this will play an important role in determining the effects of those contracts provided that exceed the limits between them and painted, and committed contractors effects favorably of it, Valacod not reasons mentality that entail effects Tertba required under the mind, but they are reasons Jalih legitimacy, in the sense that the street make it so, or approved Maderj people it considered reasons for the effects of certain specific willed people from, and then including the street and separated, and started each contract effects of its own, achieved its purpose correct destination Akdan from its inception, Vllabie for example, the effects of its own, and the effects of leasing needed her and so on, and the implications of each contract called his reign, but what is meant by these effects or that provision specifically detail? Does that those effects are the same obligations and rights which contract on contractors? Does that rule always entail the decade in all contracts? Or that there are reasons why arranged or hampered or hindered?The advanced all questions we'll try to answer it in two axes, the first dealing with the definition by virtue of the contract and to distinguish it from what is suspected, The second axis will be on the rule of contract in Islamic jurisprudence, taking sales model for this study in light of comparative analytical approach
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