تحليل مباني فقهي شركت (با تاكيد بر نقد شرايط و خصوصيات مطرح شده از شركت عقدي)

Considering and Analyzing Jurisprudence Bases of Partnership

Partnership is one of the main disputable issues in the Shiite and Sunni jurisprudence books. Both Shiite and Sunni jurists accept that partnership is a contract and divide it to some kinds. In general view, it can be divided into two parts; absolute partnership and contract one. On the contrary to other contracts which one part achieves his or her aim, contract partnership follows both partsʹ aim equally. In the present article, the author considers bases and documents of partnership from the Shiite and Sunni viewpoints and shows their effects on contract partnership too. Because there is no verse or tradition which indicates contract partnership, he also tries to prove it according to other reasons such as wisdom, custom, the basis of wise men and etc. He makes close the viewpoints of Shiite and Sunni jurists too.