نوع مقاله : پژوهشی
نویسنده
دانشیار، گروه حقوق، دانشگاه علوم اسلامی رضوی، مشهد،ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Undoubtedly, in cases where the direction of the transaction is illegitimate and this illegitimate direction is mentioned in the contract, the transaction is void and invalid. However, in cases where the purpose and goal of the transaction is not to achieve an illegal act, but the seller has knowledge and awareness that the buyer has entered into the transaction with the intention of consuming the transaction in a haram act, there is doubt about the nullity of the transaction. Some researchers absolutely consider such a transaction as haram and invalid, and some on the contrary, even though the contract is considered haram from the point of view of the obligatory ruling, but they do not consider the transaction invalid and invalid, and a group of them absolutely consider the contract to be halal and valid. Meanwhile, there are also details. In the current research, which is based on the descriptive-analytical method, the conclusion has been reached that basically, the transaction in which the buyer intends to consume the goods in a haram manner is halal and correct, except in some special cases, which are haram due to certain traditions. And the transaction with them is invalid.
کلیدواژهها [English]
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