An Explanation of Agreement Repugnant Condition in Writing Banking Contracts

Document Type : Original Article

Authors
Sadegh Elham 1
Mohsen Mohseni 2
1 Assistant Professor of Islamic Jurisprudence and Law, Imam Sadiq University, Tehran, Iran
2 M.A in Jurisprudence and Law Basic, Faculty of Theology, Islamic Studies and Guidance, Imam Sadiq University, Tehran, Iran
10.30497/irj.2022.76393
Abstract
    Contract provisions are among useful techniques for dealing with jurisprudential and legal problems in modern banking contracts and alike. According to imamiah jurisprudence, provisions are effective only when they have the necessary qualities one of which is the absence of repugnant condition. The controversial point among mujtahids (Islamic jurisprudents) is how to explain the contract requirements and their effect on the validity and invalidity of contracts. The present study aims at clarifying contract requirements so that the researchers do not restrict them to generally accepted ones but could look on their wider scope and consequences that are different from the accepted types.
Keywords
Contract
Natural Requirement
General Requirement
Contract Constituents
Repugnant Condition

  • Receive Date 16 September 2022