The Examination of Disputes Governing the Principle of Severability of One Contract to Several Contracts

According to the principle of severability of one contract to several contracts, a contract which is constructed on the whole of a compound contract can be divided to several contracts in some cases. In spite of adducing to the mentioned principle in different sections of Islamic jurisprudence, Imam Khomeini has accepted the customary (public) divisibility of contract effects instead of divisibility of contracts in order to solve the problems; meanwhile, he has stated some objections. This research tries to study from one side, the determined objections in the severable principle and answering them and from other side, it is going to determine and analyze Imam attitude about this issue and at last it tries to create harmony between the opinion of the most famous Islamic jurisprudents and Imam’s Khomeini’s approach. It should be stated here that in spite of the specific analysis of Imam Khomeini and its fundamental variety with the analysis of the proponents of the severable principle, the both analyses achieve the same effects in function and it is because of the acceptance of the basic role for mores in the determination of the divisible cases (division of contract or division of its effects) in both opinions.