نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
This article examines the concept of "guarantee's security in a corrupt contract." In Islamic jurisprudence and law, a corrupt contract is a contract that lacks one of the conditions of validity and is not valid from a Sharia perspective. In such a contract, the issue of guaranty of the holder (responsibility of the recipient of the property) is of particular importance. This article analyzes the jurisprudential and legal foundations of guaranty of the holder in a corrupt contract and answers the question of whether the recipient of the property in a corrupt contract is responsible for returning the property or paying for it. The article also examines the different views of jurists and lawyers in this field and offers solutions for resolving disputes arising from corrupt contracts. The results of the research show that guaranty of the holder in a corrupt contract has a solid jurisprudential and legal basis based on the principles of justice and preventing losses and harm to the parties. In Islamic jurisprudence and law, a corrupt contract is a contract that lacks one of the conditions of validity, such as non-compliance with Sharia rules, lack of consent of the parties, or opposition to legal standards. In such a contract, the property or benefit that has been transferred to one of the parties (the recipient) has a special status in terms of Sharia and law. The issue of the recipient's guarantee arises here, that is, whether the recipient of the property (the recipient) is responsible for returning the property or paying for it.
کلیدواژهها English