Comparative Study of Nullity Theory of Moghareseh Contract

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Abstract

Contracts related to the agricultural sector in Islamic Jurisprudence allocate considerable part of the juridical issues. Identifying different kinds of contracts related to the ground to obtain the product, checking the legitimacy of the principles of the contracts and specifying its bases and influences are essential prerequisites to ordain favorable rules in the Islamic societies and especially in the Islamic Republic of Iran. Also different contracts about agriculture and injecting them to the banking system will motivate people to increase their activity in this section. One of the contracts is Mogharasah which in the viewpoint of most Shiite and Sunni scholars from the past till now is invalid. Shiite scholars know that invalid because it is Toghifi and Qarar. Sunni scholars know it as one of the certain contracts such as Bey and Ejare and invalid Mosaqat. In this comparative study on the contract and determining its nature and its different forms, we will examine the reasons that show it invalid. The result of the study is that Mogharaseh is an independent contract that would be legitimate by observing general rules of contracts. Also legitimization of this contract by Bey and Ejare and Solh is valid.

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