An A.M of jurisprudence and the foundation of Islamic law
Abstract
I
n 1376 a Note is added to the article of 1082 of civil law that can be called the plan for the adjustment of marriage portion. Since the legislation is formed with inspiration from Islamic commands, the Judicial Commission of Islamic Consultative Assembly attempted to ask the ideas of some great authorities of the Seminary. So some of them were agree and some were disagree and some also decree that they should compromise.
The opponents of this plan believe that in paying debts the nominal value of the money should be considered not its real value. The most important reasons of this group are the fungibility of the money, the problem of usury and… Those who agree with this plan also invoke to the rule that “In Islam there is no injury or malicious damage” and the necessity of observing justice and equity and believeof expediency and they are not permanent. The issuing and
that if the decrease of the value of money is too much, certainly the debtor will be discharged from the viewpoint of the common law when he pay the real value of the money.
Jafari Fesharaki, Z. (2009). Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price. Civil Jurisprudence Doctrines, 2(2), 123-142.
MLA
Zinat Jafari Fesharaki. "Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price". Civil Jurisprudence Doctrines, 2, 2, 2009, 123-142.
HARVARD
Jafari Fesharaki, Z. (2009). 'Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price', Civil Jurisprudence Doctrines, 2(2), pp. 123-142.
VANCOUVER
Jafari Fesharaki, Z. Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price. Civil Jurisprudence Doctrines, 2009; 2(2): 123-142.
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