A reflection on the meaning and foundations of "forced peace" in Imami jurisprudence

Articles in Press

Document Type : Original Article

Authors

• Reza Awan ¹
• Hossein Naseri moghadam ²
• mohamadtaghi ghabooli ³

¹ PhD graduate of the Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad, Iran.

² Professor of Fiqh and Fundamentals of Islamic Law Department, Faculty of Theology, Ferdowsi University, Mashhad, Iran

³ Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad, Iran

10.22067/jfiqh.2023.80190.1503

Abstract

Forced peace means the shari'i and legal obligation of two disputing or hesitating parties on a matter. There are many questions about this institution. But the question that this research aims to answer is the nature of forced peace and its foundations, and is this institution really a contract or does it have another meaning? The results of the research indicate that although the appearance of the words of the jurists is that the forced peace is an example of the peace contract, but if we look closely at the nature and effects of this institution, it is clear that the forced peace does not have the most important part of the contract, which is the satisfaction of the contracting parties. . Therefore, it seems that the forced peace is a average between the contract and the Sharia ruling, which was legislated with the expediency of resolving the conflict and getting out of the confusion. Also, forced peace has different channels. In some of them, the Shariah recommends reconciliation and in some others, the Shari'i mandates the implementation of reconciliation. The latter case is the main point of discussion.

Keywords

• Compulsory peace
• forced peace
• Contract validity conditions
• Compliance of the contract with the intention
• Sharia ruling

Main Subjects

• Civil jurisprudence

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