The dynamics of the rule of obligation in the Iranian legal system

Document Type : Original Article

Author

Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Khoy Branch, Islamic Azad University, Khoy, Iran

Abstract

The rule of obligation is one of the indisputable rules of jurisprudence and the sure thing of this rule is that there is a difference between two people in religion, one of whom is an imam of the religion and the other is a public or follower of other religions or sects. According to other narrations and evidences that express the provisions of the rule of obligation, they say: If a transaction or contract according to the Sunni religion or other sects takes place correctly and with conditions, even if it is void according to the Shiite religion of the Imams according to the requirements Provisions of the rule of obligation, a Shiite person can arrange the effects of correctness on that action and compel a non-Imam person to accept the necessity of his action.
Although this rule has little application in private law, it is not without legal benefit as the scope of the rule in various schools of jurisprudence, in addition to Islamic and divine religions, also includes non-divine and non-religious religions - such as polytheists and idolaters. ‌ شد. Islam has always treated other religions with dignity and justice, and has commanded adherence to contracts and covenants between Muslims and non-Muslims, and has long emphasized the need to respect the rights of their personal status.

Keyword: Rule of Obligation, Imamiyya, Sunni, People of the Book, Personal Status, Subject Law.

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 23-34

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