Feasibility study of applying forgery and its provisions on new contracts

Subject Areas : All jurisprudential issues

farzaneh ahmadi ¹ , Alireza Amini ² , saydmohamadreza ayati ³

1 - Ph.D Candidate in Islamic Law & Jurisprudence
2 - Assistant Prof. of Islamic Azad University, Sciences and Research Branch, Department of Jurisprudence and Law, Tehran, Iran
3 - profesor

Received: 2021-12-11 Accepted : 2021-12-21 Published : 2022-06-22

Keywords: Code-Sharing, Network Marketing, oil contracts, Medical contracts, Emerging contracts, Reward,

Abstract :

Reward is one of the legitimate contracts in the school of Islamic Jurisprudential that can be used as a basis for contracts in today's process. An analysis of the truth of Reward and its judgements suggests that new contracts in the field of services and supervising the actions and work of individuals, which are called anonymous contracts, can be interpreted as contracts of Reward. In this regard, the generalization of the judgement of Reward on emerging contracts is based on the characteristics that have been proposed by the jurists for Reward, and we can briefly mention some of them: Non-conditionality of knowledge to action and exchange, non-conditionality of determining the agent, non-contradiction of Reward with negation of negligence and also belonging of Reward to action and omission, possibility of coming together term and action, possibility of belonging of Reward to any kind of action and benefit, including commercial, industrial and service, etc. In this paper, among the new contracts in progress, four contracts were addressed that have received less attention in other researches, which are network marketing, oil contracts, CODE-SHARING and medical contracts. The result of the adaptations indicted that contracts can be concluded in the form of Reward contracts.