The Islamic Jurisprudential and Legal Examination of the Companies of Labour (Bodies or Abdan), Negotiation (Mufawadha) and Reputations (Wujooh)

The well-known Imāmī Shī’a jurists (Fuqaha) believe the voidance of the companies of Labour (Bodies or Abdan), Negotiation (Mufawadha) and Reputations (Wujooh). There are no absolute proofs or evidences to prove the voidance of these partnerships in the Holy Quran, Islamic traditions and intellectual judgment but only proofs such as ijmae (consensus), the possession of the nonexistent, the absence of proofs for validity and risky (gharar) of such transactions (Muʻāmalāt) has been cited. The Imāmī Shī’a jurists (Fuqaha) believe that the validity of these transactions (Muʻāmalāt) are proved by Sulh (peace) and Wakalah (Agency) contracts or other mechanism (solutions). The legislature has not mentioned these partnerships and legal authorities (decrees). With analyzing the evidences of the well-known Imāmī Shī’a jurists (Fuqaha) sayings and after evaluating its criterion, the author has reached to this result that the clarified proofs are not sufficient to prove their claim. But these contracts have been and are of the accepted and conventional legal acts among people and there is no certain reason for the voidance (annulment) of these companies and because of its generality (currency) of these transactions among individuals, the Imāmī Shī’a jurists (Fuqaha) should inevitably seek a consideration (deliberation) for the validity of these contracts. Although the attitude of the validity of these contracts is contrary to the saying of the well-known Imāmī Shī’a jurists (Fuqaha), but some of the contemporary Imāmī Shī’a jurists (Fuqaha) are proponents of this saying. From the view of the civil code of Iran, article 10 which determines the principle of freedom of contract or Liberty of Contract can strengthen or encourage the attitude of validity of such transactions.