International treaties, its terms and conditions in Islamic jurisprudence
Subject Areas : فقه و مبانی حقوق
Hossain Alam- alhoda
1
,
سید محسن رزمی
2
,
Mustafa Rajaepour
3
1 - PhD student, Department of Fiqh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
2 - Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Mashhad Branch, Islamic Azad University, Mashhad, Iran
3 - Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Keywords: "Accuracy", "Islamic Jurisprudence", "International Contracts",
Abstract :
AbstractThere are many examples of the actions of the Prophet (PBUH) after the establishment of the Islamic government in the establishment of numerous contracts with the infidels for the purpose of peace, security, trade relations. On the basis of this, contracts in the Islamic legal system are divided into two categories: Specific contracts (fixed) and general contracts (indeterminate). The first category includes contracts that are listed in Islamic jurisprudence on the titles, conditions and works on them, and the latter are subject to the general rules of concluding contracts. These contracts should include legal rules such as the rule of "domination of property" and the rule of "believers on their treaties". In the Islamic legal system, the emphasis is mainly on the conditions of validity or invalidity of the contracts, but no specific form of the treaties has been identified. The financial conditions of the contracts are "intent and consent," "honor" and "legitimacy". Also, concepts such as Dar al-Islam (Islamic country), Dar al-Kfar (Country of disbelief) and Dar al-Ahd (Area of the Treaties), draw the basis of international relations between Islamic governments and other states.
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