Investigating the role of secondary rulings in the interpretation of contracts and treatments in Qur'anic teachings

Document Type : Original Article

Authors

1 PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran

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

10.30510/psi.2022.291527.1849

Abstract

If a contract suffers from ambiguity in its provisions, the parties conscious of the contract flaws try to exploit and interpret the cases of ambiguity and silence to their own advantage; thus, it is necessary for the judge to be familiar with the principles of interpreting any of various types of contracts so that to help resolve of any disputes. The present study examines the role of secondary rulings in interpreting contracts and agreements in the five religions schools; it furthermore deals with contract interpretation tools, internal and external factors of the contract, all of which are used to remove ambiguity from the will which is foundation of the contract and to complete the shortcomings of the contract. Finally, the verbal, practical and legal principles of contract interpretation are examined. The results of this study indicate that in interpreting contracts and agreements evidences in the contract, the nature of the contract, the intention of the parties to the transaction, custom and good faith should be brought in to effective attention. In addition, the parties show their good will in concluding and executing the contract based on the legal principles, and ultimately, the interpretation should result in the validity of the contract not to its invalidity.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 5570-5581

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