A Jurisprudential and Usuli Analysis of the Applicability of Contractual Endorsement Evidences to Legal Entities

Articles in Press

Document Type : Original Article

Authors

Ali Ghaffarian ¹

Seyyed Mohammad Najafi Yazdi ²

¹ A fourth-level researcher in the field of Fiqh al-Hukuma (Jurisprudence of Governance) at the Educational and Research Institute of Aemmah Athar (Peace Be Upon Them), Qom Seminary.

² Lecturer in Fiqh & Usul al-Fiqh, Qom Seminaries. Assistant Professor, Dept. of Jurisprudence, Al-Mustafa International University, Qom, Iran

10.22067/jfiqh.2026.93875.1988

Abstract

The economic and social role of legal persons in contemporary societies is undeniable. Consequently, proving the religious legitimacy (mashrūʿiyyah) of their transactions has become one of the important issues in contemporary jurisprudence (fiqh). One of the most significant arguments raised to prove this legitimacy is recourse to the general and absolute meanings (ʿumūmāt wa iṭlāqāt) of the substantiating evidence of contracts (adillat iṃḍāʾ al-ʿuqūd)—such as the verses "God has permitted sale" (Qur'an 2:275) and "Fulfill [your] contracts" (Qur'an 5:1)—based on the applicability (ṣidq) of terms like "sale" (bayʿ) and "contract" (ʿaqd) to the transactions of legal persons. This research, conducted using a descriptive-analytical method and library data collection, seeks to examine this argument. The findings indicate that this argument faces several challenges, including the lack of definitive proof for the absoluteness (iṭlāq) of the verses, the customary presumption (inṣirāf ʿurfī) that the evidence refers to transactions of natural persons, and the problem of applying a general text in a case of doubt concerning the instance (shubhat al-miṣdāqiyyah). Therefore, the aforementioned argument is deemed insufficient for proving the legitimacy of the transactions conducted by legal persons. Finally, alternative approaches, such as recourse to the practice of rational Sharia-compliant agents (sīrat al-ʿuqalāʾ al-mutasharriʿah) and the permission of the Guardian Jurist (adhān al-walī al-faqīh), are proposed.

Keywords

Substantiating Evidence of Contracts

Juridical Person

Legal Person

General and Absolute Meanings

Jurisprudence of Transactions

Novel Issues

Subjects

• Jurisprudence and private law

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