Jurisprudential nature of gift, gift and prize; Differences and commonalities
yaser takfallah
1
(
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Allameh Tabataba'i University, Tehran, Iran.
)
mojtaba mosleh
2
(
Master's degree graduate, Department of Jurisprudence and Fundamentals of Islamic Law, Allameh Tabataba'i University, Tehran, Iran.
)
Keywords: Donation, , , , , gift, , , , , prize, , , , , present, , , , , matrimony donation,
Abstract :
"Gift" in its general sense is one of the topics that has been the problem of the public for a long time. With the advent of Islam, "Gift" was recognized as an independent contract, and the Holy Law has set rules and conditions for it. The present study aims to define the jurisprudential issues of gift, gift and prize and the relationship between these titles. This research was carried out in order to reach the hypothesis that although these titles have a common nature and are sometimes used interchangeably, but the recognition of these contracts as evidence requires limitations, which can be determined by examining these limitations that gift and prize have a special meaning. They have a donation. The purpose of this research is to accurately demarcate these jurisprudential titles and their relationship with each other so that the rulings and conditions of each of them can be properly applied to these issues. This article collects information using a library method, and the method of data analysis is descriptive-analytical. The nature and limitations of these contracts were examined by collecting the opinions of lexicographers and jurists, and finally, the results of the research were analyzed and presented.
