Nature and Effects of Revocation in Shaafeide Jurisprudents and Maalikee

Subject Areas : All jurisprudential issues

Mohsen  Ahmadi ¹ (.A. Student of Islamic Azad University, Sciences and Research Branch, Course of Jurisprudence of Shafeiʹ, Tehran, Iran)
Adel  Ziyaei ² (Assistant Prof. of Tehran University, Department of Jurisprudence of Shafeiʹ, Tehran, Iran)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2012-03-20

Keywords: Revocation, Cancellation, Shaafeide, Maalikee,

Abstract :

Iqaalla-h is an agreement between two parties to revoke voluntarilya revocable contract. The legitimacy of revocation (iqaala-h) can bejustified based on Koranic verses and with the assistance of reason ,as well .Jurisprudents , however, consider traditions from the holyprophet of Islam(p.b.u.h) sufficient in this regard, among whichthere is the tradition”.Anyone who accords with the other party’s willingness to revokean agreement , God will accept your(the prophet’s) intervention, onthe Doomsday, for that person’s sins to be forgive”. Thejurisprudents of two Islamic Sunni branches,Maalikee and Hanafee,regarded revocation (iqaalla-h) as a religiously recommendableaction (mosta-hab) which accords with pthe prophet’s traditions.Jurisprudents of the two Islamic branches, Maalikee and Hanafee ,all consent to revocation (iqaala-h) referring to the traditions of theholy prophet (p.b.u.h) and have stated its authenticity .However,there is disaccord among them concerning the definitions,conditions, nature and effects of revocation (iqaala-h).