Contractual security; Challenges and solutions from the perspective of the Holy Quran

Document Type : Original Article

Authors

1 PhD Student in Private Law at Aras International Campus, University of Tehran, Tehran, Iran.

2 Assistant Professor, Department of Private Law, University of Tehran, Tehran, Iran

3 Retired Assistant Professor, Department of Private Law, Faculty of Law, University of Tehran (Farabi Campus), Tehran, Iran

10.30510/psi.2022.332514.3196

Abstract

Man is a social being with social ties who is bound by a set of human and social obligations and contracts to meet his needs and achieve his goals. There are different opinions between jurists and in terms of the Holy Quran on how to arrange the contract and the formal conditions of the contract. A number of scholars consider the creation of a contract to be oral and some in writing. This article examines the security of contracts and its principles in the Holy Qur'an and tries to explain their reasons. Create people in the community. Therefore, solutions can be found in the Qur'anic principles such as the transparency of the text of the contract, as if the contract was unambiguous and written, which will lead to the strength and security of the contract. One of the most important reasons given for the non-legal monopoly of contracts is the holy verse, "O you who believe, and you who enter into contracts." In this article, which has been written in a descriptive-analytical manner and using library resources, the meaning of the verse is not limited to contracts in the time of the Shari'a, as well as the problems raised around it. "Contracts" refers to emerging contracts.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 1339-1350

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