The position of the cause of obligation and direction of transaction in Imamiyyah and public jurisprudence with a comparative study in Egyptian and Lebanese law

Tavakolikia, Omid; Hashemi, Syed AhmadAli

doi:10.22034/ilaw.2024.711689

The position of the cause of obligation and direction of transaction in Imamiyyah and public jurisprudence with a comparative study in Egyptian and Lebanese law

Document Type : Original Article

Authors

omid tavakolikia ¹

Syed AhmadAli Hashemi ²

¹ Researcher

² Faculty member of Payam Noor University of Tehran

10.22034/ilaw.2024.711689

Abstract

The term "cause" has its roots in Roman law, but with changes in meaning, it has gradually entered French law and then Islamic law. The cause is used in two concepts: a typical (objective) concept and a personal (mental or internal) concept. In public jurisprudence, there is a difference of opinion regarding the necessity or lack of necessity of the cause of obligation (cause of obligation); Some believe that this nature is necessary and others believe that such a theory is not necessary in jurisprudence. In Imami jurisprudence, there is also the principle of the concept of the cause of obligation in Islamic law, and this theory can be seen in the principle of solidarity of obligations or the right of lien for the seller and the customer. Regarding the concept of "dealing" in the laws of Islamic countries (Egypt and Lebanon), laws entitled "cause of obligation" have been approved, which are adapted from French law. In this article, an attempt is made to answer the question that to what extent the theory of cause and direction of obligation has penetrated into popular jurisprudence and Imamia and whether it was able to solve a knot of legal problems, and then it was examined in the laws of Egypt and Lebanon. Takes.

Keywords

Cause of obligation

order of transaction

Imami jurisprudence

public jurisprudence

Egyptian and Lebanese law

Subjects