Department of Jurisprudence and Private Law, Faculty of Sciences and Education, Al-Mustafa Al-Alamiyah and Higher Education Community of Qom, Qom Seminary, Qom Sharif, Iran
The contract of guarantee (ḍamān) has long been regarded as a central institution in Imami jurisprudence, traditionally defined on the basis of naql al-dhimma (transfer of liability). According to this view, the debt is moved from the original debtor to the guarantor. While this classical doctrine gained a firm place in juristic tradition, it has lost much of its practical relevance in light of modern social and economic realities. In contemporary contexts—such as bank guarantees, construction contracts, property insurance, and credit arrangements—the traditional model no longer provides an adequate explanation. To address this gap, contemporary scholars have advanced the idea of “customary guarantee” (ḍamān ʿurfī). Unlike the classical model, it is not based on transferring debt but on the guarantor’s undertaking to indemnify losses or ensure fulfillment of obligations. This type of guarantee operates as a contractual or even unilateral commitment, validated by custom and practical necessity, and thus differs fundamentally from the dhimma-based framework. Sayyid Muḥammad Kāẓim al-Ṭabāṭabāʾī al-Yazdī (d. 1919) played a pioneering role by recognizing the legitimacy of guarantees beyond strict debt transfer in works such as al-ʿUrwa al-Wuthqā. In modern Iran, Ayatollah Sayyid Muṣṭafā Muḥaqqiq Dāmād reformulated these insights in his General Theory of Conditions and Obligations. This study concludes that redefining guarantee in light of custom and current needs is compatible with Imami jurisprudence and enhances its capacity to engage with modern legal institutions.
Norouzi, N. (2025). Rereading the concept and types of customary guarantee rulings in Imami jurisprudence and Iranian law as a framework for solving emerging issues: Looking at the opinions of Sayyid Yazdi and Professor Mohaqiq Damad. Civil Jurisprudence Doctrines, (), -. doi: 10.30513/cjd.2025.7227.2085
MLA
Norouzi, N. . "Rereading the concept and types of customary guarantee rulings in Imami jurisprudence and Iranian law as a framework for solving emerging issues: Looking at the opinions of Sayyid Yazdi and Professor Mohaqiq Damad", Civil Jurisprudence Doctrines, , , 2025, -. doi: 10.30513/cjd.2025.7227.2085
HARVARD
Norouzi, N. (2025). 'Rereading the concept and types of customary guarantee rulings in Imami jurisprudence and Iranian law as a framework for solving emerging issues: Looking at the opinions of Sayyid Yazdi and Professor Mohaqiq Damad', Civil Jurisprudence Doctrines, (), pp. -. doi: 10.30513/cjd.2025.7227.2085
CHICAGO
N. Norouzi, "Rereading the concept and types of customary guarantee rulings in Imami jurisprudence and Iranian law as a framework for solving emerging issues: Looking at the opinions of Sayyid Yazdi and Professor Mohaqiq Damad," Civil Jurisprudence Doctrines, (2025): -, doi: 10.30513/cjd.2025.7227.2085
VANCOUVER
Norouzi, N. Rereading the concept and types of customary guarantee rulings in Imami jurisprudence and Iranian law as a framework for solving emerging issues: Looking at the opinions of Sayyid Yazdi and Professor Mohaqiq Damad. Civil Jurisprudence Doctrines, 2025; (): -. doi: 10.30513/cjd.2025.7227.2085
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