Condonation (Eghtefar) rule that has been mentioned in Islamic jurisprudence with various phrases is the part of the jurisprudential rules that between the Shiite and Sunni jurists considered as a known and accepted rule. This rule that its main base is the rationalists’ decision describes the relation between the subsidiary (subordinate) and followed (origin). So that what is obligatory its observance in followed, It may not be necessary in the subsidiary. The condonation rule in different fields of jurisprudence and law, especially in the stipulations topic can be cited; because the stipulations are the subsidiary of the main contract and some things that are required its observance in contract (followed) can be ignored in stipulations (subsidiary). So, above-mentioned rule in some of the correctness conditions of stipulations including incontrovertible, knowing the subject matter and the legitimate cause condition and also in stipulations commandment can be applied. Therefore, the stipulations can easily void in lack of the correctness conditions, but it is not generalize to contract, it means that basically, stipulations nullity will not affected in contract.
قبولی درافشان، سیدمحمدمهدی و سیدمحمدهادی قبولی درافشان؛ «بررسی لزوم یا عدم لزوم شرایط اساسی صحت قراردادها درباره شروط ضمن عقد»؛ دوفصلنامه علمی پژوهشی دانش حقوق مدنی، ش1، 1391.
golmohammadi, A., Tavallaei, A., & Hashemi, S. J. (2018). Analysis of the condonation rule and its role in stipulations. Islamic Law, 15(56), 27-49.
MLA
aliasghar golmohammadi; Ali Tavallaei; Seyed Jafar Hashemi. "Analysis of the condonation rule and its role in stipulations". Islamic Law, 15, 56, 2018, 27-49.
HARVARD
golmohammadi, A., Tavallaei, A., Hashemi, S. J. (2018). 'Analysis of the condonation rule and its role in stipulations', Islamic Law, 15(56), pp. 27-49.
VANCOUVER
golmohammadi, A., Tavallaei, A., Hashemi, S. J. Analysis of the condonation rule and its role in stipulations. Islamic Law, 2018; 15(56): 27-49.