Suspension of contracts from the perspective of Islamic jurisprudence and law

Document Type : Original Article

Author
Master of Jurisprudence and Principles of Islamic Law, Shahid Bahonar University of Kerman, Faculty of Law and Theology, Kerman, Iran.
Abstract
One of the characteristics of the validity of a contract is that the contract is valid, that is, what is not suspended in the contract. In contrast to a contract, a contract is suspended, that is, what is in the contract is dependent and suspended. Many jurists believe in the invalidity of a suspended contract, and those who believe in the invalidity of a suspended contract have cited several reasons for the invalidity of the suspension. The civil law does not have a clear statement in stating the status of the suspended contract and only in some articles, the guarantee contract and the marriage have been declared as suspended, and it does not have a view on other contracts and the main problems in this case are the civil law. That is, the law is ambiguous in this regard. This article tries to examine the cases of legal ambiguity of suspended contracts from the perspective of Islamic jurisprudence.
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