جستجوی مقالات مرتبط با کلیدواژه "مجهول" در نشریات گروه "فقه و حقوق"

The exact time of the events is often considered as the origin of the actualization of jurisprudence and legal laws. Ambiguity in the issue of time will lead to different legal disputes. These legal tensions increase when an unknown event is examined in relation to another known event. Famous majority of jurists, referring to the originality of the delay of the event in events that are measured in relation to the components of time, considered the time delay of the unknown event to be fixed and did not accept the inheritance belonging to the known party. As Article 874 of the Civil Code says: "If persons who have an inheritance between them die and the date of death of one of them is known and the other is unknown in terms of precedence and lateness, only the one whose date of death is unknown inherits from the other. But some other jurists considered it possible by weighing the unknown event with another known event, the proceeding of the principle of istiṣḥāb (presumption of continuity) in both known and unknown parties, and accepted the division of the inheritance in half between the parties and other heirs.In this writing, an attempt has been made by researching jurisprudential texts to criticize Article 874 in terms of its scholarly foundations and to investigate other jurisprudential opinions. As a result, after the proceeding of the two istiṣḥāb s and the realization of the conflict and the fall of the two principles, the inheritance belongs to the parties.

One of the conditions stated for mahriyyah (dowry) is its determination and, of course, it faces challenges and ambiguities. The meaning of its determination, the inference of arguments (Nafy Gharar, Bay'e Jazaf) against the determination of exchanging items in the contract and the possibility of considering this condition in conclusion of marriage contract, the documentary and reasonable arguments in the necessity of complete determination of the dowry or the inference of brief determination of dowry,  the concept of brief determination, lack of conceptual clarity and referential knowing of moderate principle which in the narratives is considered as the solution of ambiguous dowries, are some of the challenges the determination of dowry has faced ambiguities. The current study seeks to mention the challenges in order to find the solutions based on the jurists' thought and viewpoint.

Substitute - either the sale or the price - needs to be clearly determined in terms of amount, substance or material, and any characteristics influencing the fee. And, the condition for the validity of the deal is that the two sides completely know and be aware of the contract being negotiated. Thus, if one side is mindful (informed) of the contract but the other is ignorant (uninformed), the deal is void. This is because in the case of ignorance to the object of the deal, it will be a risky one denounced by the Legislator; as we can read in the hadith: ‘The Prophet has forbidden risky sales.’ In the present paper, seven narratives have been reported all in all as regards the sales of unknown with supplement, insisting on the validity the sale. A number of arguments against this validity have also been mentioned. Then, the supportive and disproving views are critically reviewed. Finally, the invalidity and nullity of the sales of unknown with supplement.