Contract-Making Permission and Trust-Making Permission An Enquiry about the Various Functions of Permission

In law of the west the contract is always engaged with obligation, while based on one of essential classifications within Islamic jurisprudence, the permission can be a foundation of making contracts as well. The dual of permission-based contracts and obligation-based contracts is one of the Imamiyah jurisprudence’s specialties. The permission, besides that can be a foundation of making contracts, can be applied for making trusteeship too. Based on the jurisprudence’s well-known statement, permission can be the cause of trusteeship and permitted possession. Not only these two functions are different from each other, but also there is no correlation between them. Separating these two functions can be employed to explain and resolve many of the legal issues. For example, justifying the question that how it would be possible for a permission-based contract to be void despite rhe existence of trusteeship or how the termination of a permission-based contract would be possible after the dissolution and expiration of the period of permission while the possession is remained permitted, all are dependant upon the acceptance of this separation and acknowledgement of non-correlation between contract-making permission and trust-making permission. Furthermore, maintenance of permission based contract while the trusteeship and permitted possession is terminated is one of the other results of this functional dualism. The reason of the fact that the violation of trustee leads to loss of trust meanwhile trustee contract still remains is also rooted in the duality in the functions of permission. In this article, through applying a descriptive-analytic method, these two different functions of permission would be examined.