similarities and differences of interdiction in khamseh religions
نویسندگان
چکیده
similarities and differences of interdiction in khamseh religions fatemeh hosseinpour mogaddami [1] eivazi (ph.d.) [2] abstract interdiction and its application is one of the important subjects from judicial, legal and also social aspects. interdiction means prohibition of financial possessions and the interdictor is the person who is prohibited from possession of his properties. the reasons for interdiction are infancy, impudence, insanity, illness to be at the point of death and bankruptcy, etc. that there are a little differences from arbaeh religions (the four religions). as abuhanifeh does not consider impudence as the reason for interdiction and in addition to the mentioned reasons hanabeleh considers the wife interdiction in possession of one third of the properties.we investigated the similarities and differences between immamiyeh and arbaeh religions (four religions) on interdiction. most of the jurisprudents are agreed upon the interdiction of the infancy and insanity that application of non-controller infancy legal exercise is null but there is a difference in controller infancy transactions and interdiction of the insane is like uncontrolled infancy interdiction and the person cannot posses any property. in order to eliminate of interdiction in immamiyeh jurisprudents’ opinion, two conditions of puppetry and growth are necessary and the jurisprudents of immamiyeh and sunnis have consensus except shafei that considers growth as the reason for conciliation of property. according to most of the jurisprudents, the possession of the patients to be at the point of death from one third is legal and more than it is illegal except the heirs are satisfied. it can be said that the late immmiyeh jurisprudents are agreed with four religions and they consider possession of the patient of one third property. this research has been conducted by library method. after collecting the data and explaining the reasons for interdiction and its types and application, the similar and different views of jurisprudents in immamiyeh and four religions are presented and finally some practical and proposed solutions of this research have been offered. key words: interdiction, effects, rules, khamseh religions (the five religions) [1] . an m.a. postgraduate in jurisprudence and islamic principles at islamic azad university, tabriz branch. [2] . assistant faculty member at islamic azad university, tabriz branch.
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عنوان ژورنال:
فقه و مبانی حقوق اسلامیجلد ۸، شماره ۴، صفحات ۴۹-۷۰
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