نوع مقاله : علمی-تخصصی
نویسنده
امام جماعت
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
According to Hanafi jurisprudence, the law of Afghanistan has divided the invalid contract into invalid and corrupt contract. This division exclusively includes contracts that transfer ownership and cause obligations of the parties; such as sale, rent, donation, etc.; But in non-financial contracts such as power of attorney, will, financial contracts in which there are no obligations of the parties, and unilateral actions such as divorce and confession, there is no difference between corrupt and void. Also, Hanafi worshipers do not differentiate between corrupt and invalid; Because they consider obedience to be absolute. They pay attention to details in marriage. They consider void before intimacy; However, if intimacy has taken place with a corrupt marriage, they consider the effects of a valid marriage to be related to it; However, other Islamic schools of thought, including the Imamiyya school of thought, consider invalid and corrupt marriages synonymous and impose a single and identical ruling on both. In Imami jurisprudence, invalid valid contracts are very similar to corrupt contracts in Hanafi jurisprudence; Because contracts such as reluctant contracts, nosy contracts, etc., are completed with subsequent consent and permission, and the contract becomes effective from the time of conclusion; However, in Maliki, Hanbali and Shafi'i schools, contracts are either valid or invalid, there is no middle ground.