Interest Warranty in Imam Khomeini's View
Research on jurisprudence arguments about warranty shows that from Islamic jurists view what is certain is the warranty of the original and substitute. Interests warranty is an issue that has caused many divergent views among Islamic jurists. Regarding diversity of interests and the quality of destructions each one has caused, some jurists believe in a detailed account, some other find it absolutely resolute and some other don’t accept it at all, so the interest warranty and the responsibility that is regarded for its destroyer is the most important issue which deserves in detail investigation. In this article, after confirming the hypothesis that the guarantor is responsible for interests warranty in all cases (resolution, the original and substitute), we are going to consider Islamic jurist’s views, specially imam Khomeini’ s views, in this case and suggest an independent rule named interests warranty by regarding the reasons of legitimacy of the rule and conforming to definite and accepted principles. This article seeks to offer this rule in courts as the independent reason until a its special status can be established among the jurisprudence rules.
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