In the Islamic jurisprudence, gift is introduced as a method of acquiring non-commutative property. Gift is among contracts in which retaking is not possible in the some cases such as gift to the relatives. In this study, after explaining importance of family relations in jurisprudence, definitions of compassion, imminence and parentage are provided according to vocabulary and jurisprudence. There are opinions about relatives in jurisprudence. Famous Fiqh scholars have left specifying instances to convention. Concerning prohibition of retaking gift to parents, there is a consensus and the only opponent is Sayyid Murtada. Concerning donation to children, famous Fiqh scholars say that it`s a prohibited action. Of course, there are other opinions which will be described. Fiqh scholars have different opinions about donation to relatives. Most of Famous Fiqh scholars explain that it is prohibited to retake donation from relatives as well. In this article, attempt is made to explain species benefaction to relatives historically and analytically. In conclusion, the opinion of the legislator has been described and evaluated.
Mirkhalili, S. A., Azizollahi, H., & Farzaneh Vashareh, M. (2016). Verdict about Prohibition of Retaking Gifts from Relatives in Imami Figh.. Islamic Law, 12(46), 111-137.
MLA
Seyyed Ahmad Mirkhalili; Hojjat Azizollahi; Moein Farzaneh Vashareh. "Verdict about Prohibition of Retaking Gifts from Relatives in Imami Figh.". Islamic Law, 12, 46, 2016, 111-137.
HARVARD
Mirkhalili, S. A., Azizollahi, H., Farzaneh Vashareh, M. (2016). 'Verdict about Prohibition of Retaking Gifts from Relatives in Imami Figh.', Islamic Law, 12(46), pp. 111-137.
VANCOUVER
Mirkhalili, S. A., Azizollahi, H., Farzaneh Vashareh, M. Verdict about Prohibition of Retaking Gifts from Relatives in Imami Figh.. Islamic Law, 2016; 12(46): 111-137.