RULINGS AND EFFECTS OF CONTRACTS RESULTING FROM UNDUE INFLUENCE IN IMAMIYYAH AND HANAFI JURISPRUDENCE
Improper influence means the abuse of spiritual influence with the aim of reaching unfair and unjust contracts, which exists in all societies. This theory was first proposed by the Court of Justice to modify and adjust the contract in order to protect the weak party of the contract in English law. There is no mention of this title in Imamiyyah jurisprudence and Hanafi jurisprudence, but its examples are abundantly seen in social behaviors. The question is whether Imamiyyah and Hanafi jurisprudence have a plan to support the deprived class who are oppressed through influence. In Afghan law, which is based on Hanafi jurisprudence, there are legal articles (698, 631, 621)civil law, and in Imamiyyah jurisprudence there are rules (the rule of no harm and the principle of justice) that protect people who are subject to abuse by influential people. And according to those rules, any kind of illegal transaction is forbidden and non-enforceable, and receiving any money through it is considered to be invalid, contrary to Sharia and legal regulations, and one of the examples of unlawful ownership. key words: rulings, works, undue influence, contract, Imamiyyah jurisprudence, Hanafi jurisprudence.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.