نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری رشته فقه و مبانی حقوق اسلامی پردیس دانشگاه قم
2 دانشیار بازنشسته گروه فقه و مبانی حقوق اسلامی دانشگاه قم
3 دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The silence of the Iranian civil law regarding the effects of apostasy on the legal status of individuals, especially on the influence and validity of contracts and agreements concluded by them, has led to theoretical ambiguities and fragmentation of judicial practice. This legal vacuum challenges the security of legal relations in the face of this phenomenon. The present article aims to present a systematic and fundamental analysis, using a descriptive-analytical method, to examine the effects of apostasy on legal acts within the framework of Imami jurisprudence and Iranian civil law. The research findings show that a coherent theoretical basis for analyzing these works is the recognition of “apostate as one of the causes of stoning” that limits or deprives a person of his ability to fulfill obligations, while his ability to enjoy remains. Accordingly, stoning resulting from apostasy has a dual nature: “criminal stoning” in the case of a natural male apostate who, due to the forced transfer of property to heirs, causes the absolute invalidity of his transactions; and "intimidation-protection" in the case of national apostates and apostate women, which, by confiscating their property, prevents their financial possessions from being influenced and makes their fate dependent on repentance or lack of repentance. This theoretical framework has been the basis for a detailed analysis of the effects of apostasy on various types of contracts (proprietary, contractual, and permissive) and also for presenting a "separation theory" on contracts (based on the validity of non-financial contracts and the compliance of financial contracts with the provisions of contracts). Finally, this research concludes that the basic solution to resolving existing challenges is to reform the civil law by explicitly identifying apostasy as a cause for imprisonment and developing detailed rules.
کلیدواژهها [English]