Moqasah (or Taqas) means getting property of a debtor who denying or delaying for his/her payment without his/her permission. Moqasah it is an extraordinary right and given to a creditor who s/he couldn’t achieve his/her quest by ordinary ways. It is extraordinary because the creditor could tenancy the property of debtor without debtor’s permission. The main reason for permission of Moqasah is a Hadith that is not talking about mandate in Moqasah, on other hand according to a general rule deputation in all affairs is acceptable except in things that non deputation has a reasonable reason. Although Moqasah’s extraordinary feature could be a reason for not permitting deputation for it, if even this is a reason for inconvertible, but in Moqasah there are conditions such as absoluteness of creditor’s right and not paying the debt by debtor, this situation is not a condition for non-creditor, because this is a conscionable affair. By these reasons we could say: achieving to right by Moqasah does not need mandate.
Farahzadi,A A and Koulivand,H . (2014). Mandate in Moqasah in jurisprudence of Islamic Sects and Iran’s law. Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat), 9(36), 19-30.
MLA
Farahzadi,A A , and Koulivand,H . "Mandate in Moqasah in jurisprudence of Islamic Sects and Iran’s law", Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat), 9, 36, 2014, 19-30.
HARVARD
Farahzadi A A, Koulivand H. (2014). 'Mandate in Moqasah in jurisprudence of Islamic Sects and Iran’s law', Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat), 9(36), pp. 19-30.
CHICAGO
A A Farahzadi and H Koulivand, "Mandate in Moqasah in jurisprudence of Islamic Sects and Iran’s law," Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat), 9 36 (2014): 19-30,
VANCOUVER
Farahzadi A A, Koulivand H. Mandate in Moqasah in jurisprudence of Islamic Sects and Iran’s law. Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat). 2014;9(36):19-30 (In Persian).
