The Recognition of the Quranic Concept of Changing God's Creation
Subject Areas : Private law
maryam
sabaghi nadoshan
1
(دانشگاه مشهد)
mohammadhassan
haeri
2
(دانشگاه مشهد)
Keywords: Foolish contract, Insane contract, annulled profit, Annulment, foolishness, Confiscation,
Abstract :
Some of the renowned scholars have thought foolish exchanges and contracts as foregone conclusions, and some have even banned it as a religious order. On many occasions, contracts have been annulled based on such an order. The underlying meaning is that whenever a contract is made by a person who is insane, and that contract is devoid of reasonable thinking, the contract is inexistent and thus non-rectifiable. The foolishness of the contract is an independent factor which ascribes annulment to the contact. However, annulment is because of the insanity of the person who makes the contract not the insanity of the contract itself. Because of the lack of reason for the annulment of foolish contracts, they become legal unless the foolishness of the person in charge becomes evident. Moreover, the truthfulness of foolishness is difficult to prove when personal bias is in action and excludes the contract from being insane. Therefore, besides the problem that most instances of foolishness share, foolishness on its own as an independent factor in the annulment of a contract should be doubted.
