International treaties, its terms and conditions in Islamic jurisprudence

Subject Areas : فقه و مبانی حقوق

Hossain Alam- alhoda ¹ (PhD student, Department of Fiqh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.)
سید محسن رزمی ² (Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Mashhad Branch, Islamic Azad University, Mashhad, Iran)
Mustafa Rajaepour ³ (Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Mashhad Branch, Islamic Azad University, Mashhad, Iran)

Received: 2017-06-12 Accepted : 2017-08-15 Published : 2017-11-22

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.‎