Expanding the Rules of Strict Liability in Contractual Liabilities with an Objectival Jurisprudence (Fiqh al-Maqāṣidī) Approach

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
This study examines the role of fiqh al-maqāṣidī principles in expanding the rules of strict liability in contractual liabilities. The main question is how to use fiqh al-maqāṣidī principles to expand the rules of strict liability in contractual liabilities. This research seeks to show how, by using fiqh al-maqāṣidī principles, the rules of strict liability can be interpreted in a way that adequately compensates for damages resulting from breach of contracts. Compensation for damages in contractual liabilities plays a crucial role in establishing justice, deterring breach of contract, and strengthening trust in contractual relationships. This study uses a descriptive-analytical method and library tools. The findings show that by relying on fiqh al-maqāṣidī principles, such as maintaining order and justice, protecting life and property, and compensating for damages resulting from unlawful acts, the rules of strict liability can be interpreted and expanded to include unpredictable damages. This can lead to increased economic security and contractual justice. Therefore, adopting a new approach to the issue of strict liability in contractual liabilities can help develop existing rules and improve the efficiency and effectiveness of the Iranian legal system in this area.
Language:
Persian
Published:
Jurisprudence and the Fundaments of Islamic Law, Volume:57 Issue: 2, 2024
Pages:
399 to 416
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