The dynamics of Shiite jurisprudence in legitimizing conventional and emerging contracts by legitimizing primitive peace

Document Type : Specialized scientific

Author

Professor of higher levels of the seminary of Qom

Abstract

From the point of view of Imami jurists, the legitimacy of a peace contract is not conditional on the precedent of hostility. On the other hand, it is considered as an independent and original contract that does not follow any contract in terms and conditions. Therefore, it has the ability to legitimize conventional contracts that have no conditions through it, in addition to being effective in legitimizing emerging contracts, unlike Sunni jurists who consider the peace contract to be subject to other contracts. It should not be assumed that the emergence of the lexical and customary meaning of the word peace presupposes hostility because the reason for the legitimacy of a peace contract is not limited to arguments in which the word peace is not used. The definitions of the previous jurists for a peace contract, who consider the legitimacy of peace to be in order to eliminate hostility, also do not express the monopoly of a peace contract in order to eliminate hostility, because in these definitions only the wisdom of legitimacy is mentioned and not its cause. The legitimacy of the initial peace does not mean disrupting the order of the laws governing the transactions,.

Keywords

Main Subjects