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...

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Bibliographic Details
Main Authors: M. Abouata, M. farzad
Format: Article
Language:fas
Published: Semnan University 2014-12-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_1917_6919b5366247e2dc21808800463e4dd3.pdf
Description
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.
ISSN:2008-7012
2717-0330