Validity analysis of types of surety contracts for the validity of death from the point of view of Islamic religions

Subject Areas : Jurisprudence of transactions

ehsan pourpooneh nagaf abadi ¹ , ehsan aliakbari babokani ² , masoud raei ³

1 - PhD student in Fiqh and Fundamentals of Islamic Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
2 - Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, University of Isfahan, Isfahan, Iran
3 - Associate Professor, Department of Law, Islamic Azad University, Najafabad Branch, Najafabad, Iran

Received: 2022-05-06 Accepted : 2022-08-21 Published : 2022-06-22

Keywords: permanent guarantee, temporary guarantee, postponed guarantee, absolute guarantee, current guarantee, guaranteed guarantee, Guarantee,

Abstract :

Following the opinions of the jurists of Islamic schools of thought shows that the contract of guarantee for the validity of ajj includes several types with the titles of absolute guarantee, deferred guarantee, current guarantee, temporary guarantee, and malimjab. The question of this study is, what are the main evidences of the invalidity of conflicting forms? And on the assumption of concluding a guarantee on these forms in custom, can they be justified in a way that they are considered correct? Or should they be annulled? In this research, with a descriptive and analytical method, an attempt has been made to strengthen the idea that it is permissible to enter into a guarantee in the form of a dispute by rejecting and refuting the arguments for the invalidity of conflicting guarantees and presenting evidence for their validity. which is sometimes common among customs, give it a shari'i aspect and free their impermissibility from illogical justifications.