Examining the Principles of Legitimacy of the Nullifying Condition in Shī‘a Jurisprudence

Document Type : Research Article

Author

• Sayyid ‘Alī Jabbār Gulbāghī Māsūla

10.22067/fiqh.v0i0.6309

Abstract

A little deliberation on the contents of the contracts concluded between the real and legal persons reveals that nowadays the nullifying condition is gradually being included as one of the conditions of contracts. The legitimacy of this position of suspending the forcible dissolution of contract in Shī‘a jurisprudence is the subject of a fundamental research, which the present article attempts to report with descriptive method, relying on the library studies within the limits of the written legacy of the Shī‘a jurisprudence.
Observing the two existing viewpoints and analyzing and examining the reasons of each of the proponents and opponents of the legitimacy of nullifying condition, with regard to the Sunnī and Shī‘ī evidences, makes the acceptance of the legitimacy of nullifying condition inevitable; and, as such, the non-sufficiency of the words of the opponents of the legitimacy of nullifying condition, in itself, confirms this fact.

Keywords

• dissolution of the contract
• suspension of the forcible dissolution
• nullification
• nullifying condition
• legitimacy of the nullifying condition

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