Re-Knowing the Suspension in the Contracts in Imami Jurisprudence and the Case Law of Iran

One of the provision should be examined in the validity of contracts is the fulfillment (tanjiz) of the provision. If it is accepted, the result will be the invalidity of the suspension (taliq) and the invalidity of contracts and if it is not the provision, the suspension will not makes the contracts be void. There is a debate between the Islamic jurists without any separation between the suspension in the creating the contracts and the origination of the proposition before sheikh Ansari. But from the time of the Sheikh, the suspension in the contracts has divided to the suspension of establishing the contracts and the suspension of the origination and from that time till now, Imami jurisprudence scholars have presented detailed and accurate discussions about the validity and invalidity of the different types of the suspensions. The famous Islamic jurists and law scholars have commented the validity of the suspension contracts in the origination mood and the invalidity of the suspension contracts with the suspension in establishing, while some great Imami jurists and civil law professors strongly defend the opinion of the validity of suspended contracts with the suspension in establishing and have presented considerable reasons. With the importance of the suspended contracts in the field of law contracts and especially with a look to the suspension in establishing like the suspension in origination, there are no united opinions between the Islamic jurists and law scholars and the civil code is silent. The present research aims to determine, criticize and explore the stated reasons to the validity and invalidity of this type of suspension and it is most acceptable the invalid theory from the perspective of argumentative jurisprudence and the case law.