Legal Concept and Nature of Sadaqah
the sources of Islamic jurisprudence, Sadaqah has been considered both as acts of worship and a kind of dealing, and it enjoys in both fields, some applicabilities and has, therefore, particular regulations. However Sadaqah, as considered by section 807 of civil code, has exactly a certain contractu...
Main Authors: | , |
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Format: | Article |
Language: | fas |
Published: |
Semnan University
2014-12-01
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Series: | مطالعات فقه و حقوق اسلامی |
Subjects: | |
Online Access: | https://feqh.semnan.ac.ir/article_1917_6919b5366247e2dc21808800463e4dd3.pdf |
Summary: | the sources of Islamic jurisprudence, Sadaqah has been considered both as acts of worship and a kind of dealing, and it enjoys in both fields, some applicabilities and has, therefore, particular regulations. However Sadaqah, as considered by section 807 of civil code, has exactly a certain contractual nature a bare contract which is distinct from other contracts, even from gift, and taking possession is the condition of its irrevocability. The realization of Sadaqah depends on a certain dealing intention, which is the intention of making approaches to God.In the absence of this intention, the contract may find another legal description. |
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ISSN: | 2008-7012 2717-0330 |