A Study of the Main Element of Agd (Contract) as viewed by Imam Khomeini and its Consequences

Message:
Abstract:
In the field of social relation in order to attain a right which is rooted in the free will of people, the notion of contract will come into being. It goes without saying that in this regard certain elements such as gasd (intention) rida (consent), iradah (will), ijab (offer) and gabul (acceptance) play the main role. In this line other stages such as tasawwur (concept), tasdig bi faideh (judgement) etc. should be passed and reach to the stage of consent and work out its content by the will which is called qasdi insha which takes place with inner intension, and inner intension can have a legal effect if it is associated with an external evidence and declared with affirmation. This article is an attempt to study Imam Khomeini's views in this regard.
Language:
Persian
Published:
Page:
139
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