مفهوم اكراه اقتصادي و جايگاه آن در فقه اماميه با مطالعه در انديشه فقهي امام خميني (س)

Economic Duress and Its Status in Imamiyah Jurisprudence, with Special Reference to Imam Khomeiniʹs Jurisprudential Ideas

Duress is one of the basic concepts in the law of commitments which falls within the scope of consent. Economic duress is a kind of compulsion which occurs through threat to a financial loss. In this approach, duress is limited to physical threat. Hence the British court has invented the word economic duress in this regard. In Irnamiyah jurisprudence and Iranian civil law, threat to property is also considered a kind of duress or compulsion. Hence property duress can be considered as economic duress in these two systems. In Imam Khomeiniʹs viewpoint duress is lack of consent for transaction. The transactional consent is opposite to refrainment or disinclination which is different from approval. Hence, in Imam Khomeiniʹs viewpoint the criterion for duress is the threat which causes insecurity to the person under compulsion when its occurrence is rationally possible. This threat can even refer to prevention of a profit which is normal1y gained