نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد دانشگاه تهران
2 دانشیار دانشگاه تهران
3 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In the traditions, the conceptual nature of the word “condition” has never been addressed. The concept of the term from a conventional point of view and based on the available lexical evidence, there are two things: First: The deal is in the process of trading. Second: something which is suspended on another thing and since there is no comprehensive value between the first and second concepts. And among the Imamite jurisprudents there has been no special and distinct term for custom, as well, which customary concept should be considered in the field of jurisprudential matters, and especially transactions? In general, there are three approaches in this regard that, on the basis of each, the central concept of conditionality is: First: the concept of obligation and second: The concept of suspense: The concept of relevance. According to the findings of this study, derived from the study and study of dozens of jurisprudential works, the concept that has been the basis of jurisprudential arguments in the past is: “Obligation and Commitment in Bía and the like” and on The basis of this perpetrator never applies to a condition outside the title.
کلیدواژهها [English]
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