چكيده لاتين :
Abstract
The present essay examines the implications of the verse fulfill [all] contracts on the maxim of [fulfilment of one’s agreement]. Islam is the most perfect divinely sent religion that contains laws for material and spiritual aspects of human life. It signifies that Islam is a comprehensive religion. In worldly affairs, one of the most important dimensions of human life is commercial aspect. That is to say, in order for the human beings to improve in his personal and social lives, they have to get engaged in financial interactions with other people. Thus, Islam, being a comprehensive religion, does not overlook this essential human need and has plans for it to be dealt with correctly. In commercial affairs, Islam has almost acknowledged all the correct ways of business interactions and has religiously legalized them. Albeit it has forbidden some of the common incorrect ways of trade and commerce in the society. One of the cases that has been approved by Islam is the principle of fulfilling one’s promise, which prior to Islam, people have also adhered to this principle for the conduct and stability of transactions. The current research deals with the question that whether this customary maxim can be proved by the Quranic teachings or not? The jurists hold two opposite views in this regard. Some of the jurists like (Ibn Idris, al-Sarayer, 3rd Vol., p. 149; Muhaqqiq Abi, Kashf al-Romuz, Vol.2, p. 262; Jamal al-Din Heli, al- Muhazzab al-Bare, Vol.2, P. 373; Muhaqiq Thani, Jami al-Maqasid, Vol. 7, P. 313; Habibullah Rashti, Fiqh al-Imamiyya, [Khiyarat], PP. 13-19; Hamadani, Hashiyatul Makasib, p. 453; Araki, al-Bai, Vol.1, P. 64; Amli, Nahi al-Ma mar, 298/2 and ... favor the motion. According to them, this verse proves the maxim of [fulfilment of one’s agreement]. Contrary to them, some other jurists, such as (Sheikh Tusi, al-Mubsut, Vol. 6, P. 300; Al-Khilaf, Vol. 6, P. 105; Al-Tibyan, Vol. 3, P. 414; Allama Hilli, Mukhtalaf al-Shi a, Vol. 6, P. 22; Haeri, Riyadh al-Masael, Vol. 8, P. 215; Naraqi, Awaied al-Ayyam, P. 22; Mirza Qomi, Jami al-Shatat, Vol. 2, P. 41; Sayyid Mostafa Khomeini, al-Bai, Vol. 1, P. 91; and P. 37, and Kiyaharasi, Ahkam al-Quran, Vol. 3, p. 7. believe that the maxim of [fulfilling one’s agreement] cannot be derived from the very verse. One has to put forth other arguments to prove it.
Keywords: the maxim of fulfilling one’s agreement, fulfill [all] contracts, Contracts, Transactions.