Archive \ Volume.11 2020 Issue 1

A New Approach to Void Theory in Islamic Jurisprudence and Contract Law

Mohammad Khaled Nabinia, Bahareh Shirooyeh
Abstract

The general rules of contracts are of great importance for the scope and applicability of the contract. Contract formation as one of the most important means of ownership and creation of rights, obligation, transfer and collapses depends on the existence and fulfillment of many conditions. One of the legal tools for controlling and realizing these conditions and preventing violations of the legal rules is the void of enforcement known as void theory, on the other hand, one of the issue (implication of the corruption that prevents it). What is forbidden by the Holy Quran may be come worship service or a bargain. If banned from a deal, it can have many effects in many areas. The present study, though a descriptive – analytical method, attempts to investigate the various views and opinions of the jurists on the implication of corruption and then investigate this credible jurisprudent body which is in fact the theory of nullity. Clarify contract rights.



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