Acceso usuarios
Hosein Barkhi
The jurists of Imamiyyah jurisprudence and Islamic lawyers believe that the suspension caused to null the contract. Imamiyyah jurists have not spoken about the suspension, and have just provided some examples, and how often they have sufficed to state in the sentence (suspended contract is one which is not unconditional). Civil law also has not spoken about the suspended obligation in general. Other contracts are occurer with requirement and acceptance, and in this aspect, it dosen not have a difference with unconditional contract. What has subjceted to a condition is obligation, not a contract, and one only canthis reason put against suspended and unconditional contracts togather. There is an actual suspension if the fate of the contract effects not be clear at least between the parties. Because if they know the realization of the condition as certainty in the future, the suspension is formal also due to the creation provisions, and it shows that the parties only demanded that creating debt be delayed for a while. Transactions and contracts are necessities of life; hense, each section of the jurisprudence need to devote a particular attention to it so that the Islamic law not expose to the charge due to some ambiguities and misunderstandings. So, this research reviewed the cases of nullity suspension to provide scholars with the functions of Islamic jurisprudence.
