A comparative study of the conditions of sale in Islamic religions and Iranian law

Document Type : Original Article

Authors

1 PhD Student in Theology and Islamic Studies, Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Zahedan, Iran

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Sistan and Baluchestan University, Zahedan, Iran

3 Associate Professor Payame Noor University of Tehran

10.30510/psi.2022.332398.3197

Abstract

In order to avoid complacency, both parties to the transaction must be fully aware of what is being traded. How to identify the bitch is not the same in all cases. For example, in cases that cause the same thing, it is possible to find out by observing. While in order to find out the general seller, it is necessary to mention the amount of the attribute and its gender during the contract. The purpose of this study is to investigate the conditions of sale in Islamic religions and Iranian law. The results show that the importance of the contract of sale and its wide role in human daily life is not hidden from anyone, and therefore most jurists have one of their most important and extensive topics is the book of sale, an important part of which is the conditions of the poor. The history of this debate goes back to before Islam; Because selling is a signature sentence. The validity of any contract is to have all the conditions for the validity of transactions, which according to the opinions of all Imami jurists, one of those conditions is the specificity and certainty of the transaction. In general, knowledge of a transaction is obtained in any way that distinguishes it from other objects. In the case of contracts, science means that each of the parties to the transaction is well aware that how to identify depends on the motives of the parties and their degree of attention and sensitivity,

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