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Analysis of Lazar and Laharaj conflict in the implementation of contracts in economic fluctuations

Analysis of Lazar and Laharaj conflict in the implementation of contracts in economic fluctuations

Authors :
Abdolkarim Golgoun
Hormoz Asadi koohbad
Mohammad Rasool Ahangaran
Source :
مطالعات فقه و حقوق اسلامی, Vol 15, Iss 31, Pp 213-238 (2023)
Publication Year :
2023
Publisher :
Semnan University, 2023.

Abstract

Since the beginning of the formation of the principles of jurisprudence, the conflict of evidence has been discussed and paid attention to due to its great application and efficiency in the process of deriving rulings and interpreting Islamic regulations, responding to incidents and solving new problems. Among other things, in the current social situation, economic contracts affected by severe economic fluctuations caused by various causes and factors have caused difficulties for the contracting parties in the implementation of the contract and caused one party severe hardship and embarrassment, and on the other hand, non-implementation of the contract also caused The other side is harmed and in this case, a harmless and embarrassing conflict occurs. Therefore, the present article with a descriptive-analytical method, while explaining the basics of these two rules, has reached these results that what is beyond human capacity and in which there is narrowness, hardship, difficulty, and difficulty is the ruling, both obligatory and situational. It is ruled out. On the other hand, jurists and lawyers should consider difficult conditions in contracts and include them in the text of the contract, pay special attention to the conditions of force majeure, and predict what is likely to happen and may affect contractual relations. . Also, until the adoption of a law on the acceptance of the "change of circumstances" theory, the honorable community of judges can issue a verdict based on the following evidence using authentic Islamic sources or authentic fatwas.

Details

Language :
Persian
ISSN :
20087012 and 27170330
Volume :
15
Issue :
31
Database :
Directory of Open Access Journals
Journal :
مطالعات فقه و حقوق اسلامی
Publication Type :
Academic Journal
Accession number :
edsdoj.64aed3a53a0e452fa44b291f022b6222
Document Type :
article
Full Text :
https://doi.org/10.22075/feqh.2021.24083.2965