Growth from a jurisprudential and sociological perspective and its application in finance with a look at the Iranian civil law

Document Type : Original Article

Authors

1 PhD student in Jurisprudence and Fundamentals of Islamic Law, University of Justice, Tehran , Iran

2 Professor at Imam Sadegh (AS) University, Tehran, Iran

10.30510/psi.2022.293423.1933

Abstract

In order to prove competence in transactions and conducting financial affairs, by quoting verses (afflictions) and narrations, in addition to maturity, it is necessary to achieve growth. According to the famous saying of Imami jurists, growth is a carnal queen in a person who is a condition of competence in financial affairs and matters involving wealth, and it means reforming financial affairs and the ability to plan in this field. Therefore, the accuracy of small transactions, which should not lead to gross fraud, is the reason for the need to achieve growth in this area. In foolish transactions, due to the protection of property, the jurists agree to prohibit their financial seizures, and until such growth is achieved, these matters are prohibited, except with the permission of the guardian. Therefore, if the growth is not proven and its survival is doubtful, he will be disqualified and sentenced to unauthorized financial seizures. In law, according to jurisprudence, in order to realize the ability of the transaction, in addition to maturity, growth is also necessary. In this article, growth from a sociological, jurisprudential and legal perspective is reviewed and amended in Article 1210 BC. It is in accordance with the famous opinion of Imami jurists. In this regard, he believes that according to the single article of the law on the growth of intermediaries, the age of eighteen years in finance is a growth statistic.

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