نوع مقاله : مقاله پژوهشی
نویسنده
استاد مدعو فقه و مبانی حقوق اسلامی. گروه حقوق، واحد نجف آباد، دانشگاه آزاد اسلامی، نجف آباد، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The meaning of the oath of the litigants is an issue that has been raised in almost all chapters of transactions, but less has been said about the issues surrounding it. Therefore, in this study, the issues surrounding the alliance from the perspective of Islamic religions have been explained using a descriptive and analytical method. The most important reasons for the alliance are "lack of common value between two lawsuits" and "not distinguishing the claimant from the denier" which has no solution except alliance. The source of the justification of alliance in these reasons is the difference in type and description, the lack of preference for the word of one of the parties, and the truth of both parties in the case of the claimant and the denier.
Maintaining the prevailing balance between the parties in the alliance and the lack of preference for the promise of one of the parties requires referring to the record of the time the parties referred to the court and this act of analogy in determining the party that is obliged to take the oath first.
The parties to the conflict are obliged to swear a single oath against the denial of entitlement; Provided that they have evidence on the subject of dispute, but in case of lack of evidence on the disputed property, provided that one of the parties is in default, the oath of proof is proved.
The most important works of the alliance according to the opinion of the jurists of Islamic schools; Termination is rejection of exchange and proof of company.
کلیدواژهها [English]
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