كليدواژه :
اجمال , مذهب , اصل لزوم , necessity principle , شبهه حكمي , حقوق , Contract , شبهه موضوعي , the necessity of contract , عهدها , contract in itself , عقدها , قرآن , General , اطلاق , generality , نفس عقد , brevity , مقتضاي عقد , عموم
چكيده لاتين :
As for signification of Qoranic verses of "necessity of contracts principle", there is controversy between Islamic jurisprudents. The major reason of the consenting fuqaha is appealing the appearance of the verses including the verse (honor your contracts), i.e. it is ordained to keep ones promise. So every contract is obligatory to be fulfilled. And according to Sahihe ibn e Sannan , the word "aqd" means absolute pact. Some Amme ulema including Jesus, assumed it more such as pact and transactional contact. In addition to understanding based on customs from this verse, it means necessity and faithfulness to all contracts. Some who disagree with the necessity principle of contracts believes that the .word "wafa" means to enter into contract in its circumstances. Thus they consider brevity for contract because of being prophetic and imamate remarks. Some Amme Ulema including Kiaharasy also have considered it ambivalent and absolute (ufu bel uqud) upon Qualified ( ufu be ahdellahe eza Ahadtom) and dedicated to special case. This opinion is refuted because it is interpreted as general and there is no specifier. In addition, this is not attributing absolute upon qualified.
