Renouncing the Right of Khiyar al-Taraweeh and Its Effects on Citizenship Rights
Akhlāq-i zīstī,
Vol. 8 No. 1 (1397),
2 Aban 2018
,
Page 427-437
https://doi.org/10.22037/bioeth.v8i1.32713
Abstract
Background and Aim: In everyday life, people enter into contracts, but the presence of some certain provisos, consciously or unconsciously, may lead to legal challenges. The aim of this study was to investigate renouncing the right of Khiyar al-Taraweeh and its effects on people's life and rights in view of the fact that civil courts have different views about contracts.
Materials and Methods: Both qualitative and descriptive methods were used in this study. The research data was drawn from jurisprudential and legal sources through library and documentary methods.
Findings: Rights of both parties, namely person in whose favor a condition is made and person who is responsible to perform a condition, need to be considered in such matters as marriage. Since by the term " Khiyar al-Taraweeh" is meant thinking and contemplating after making a contract, person in whose favor a condition is made has the right to wave provisos. Considering this person the rightful claimant, this option refers to justice and freedom of citizenship. However, renouncing the right of Khiyar al-Taraweeh for the person who is responsible to perform a condition violates citizenship rights, because it casts doubt on the fulfillment of an obligation. In fact, both parties consider themselves the rightful claimant, and so no transaction remains stable anymore.
Ethical Considerations: Principles like honesty and trustworthiness have been observed from the beginning to the end of the article.
Conclusion: If waving the right of Khiyar al-Taraweeh is realized on the basis of thought and freedom in accordance with terms of the contract, rights of the influential person is guaranteed. By agreeing on a proviso, it develops a right for the person in whose favor a condition is made and a duty for the person who is responsible to perform a condition, which it is perceived as a susceptible of waiving financial right for the former when it comes to citizenship rights.
Please cite this article as: Elmi H, Fijan M, Salehi M. Renouncing the Right of Khiyar al-Taraweeh and Its Effects on Citizenship Rights. Bioethics Journal, Special Issue on Citizenship Rights, Autumn 2018; 427-437.
- Renouncing; Renouncing a Right of Option; Khiyar al-Taraweeh; Contract; Provisos
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References
Jaafari Langroudi MJ. Extensive in Legal Terminology. Tehran: Publisher Ganj-e Danesh; 2011.
Emami H. Civil Rights. Tehran: Publisher Islamieh; 2010.
Nash K. Contemporary political sociology, the globalization of politics and power. Translated by Delforouz MT. Tehran: Publisher Kavir; 2009.
Shahidi M. Formation of contracts and obligations. Tehran: Publisher Amjad; 2000.
Najafi MH. Jawahir al-Kalam. Qom: Publisher Jamee Modaresin; 1986.
Jaafari Langroudi MJ. Civil Law Collection. Tehran: Publisher Ganj-e Danesh; 2011.
Mohaghegh Damad SM. Rules of jurisprudence (in the civil sector). Tehran: Publisher Samt; 2003.
Hore Ameli AJ. Vesael al-Shieh. Qom: Publisher Al al-Beit; 1994.
Ansari M. Al-Makaseb. Qom: Publisher Ismailian; 2003.
Toosi MJ. Tahzib al-Ahkam. Tehran: Publisher Daral Book Islamieh; 1980.
Abozohreh M. History of Islamic religions. Translated by Imani AR. Tehran: Publisher Religious; 2012.
Hoseini Ameli MJ. Meftah al-Keramat. Tehran: Publisher Islamieh; 2011.
Shahbazi MH. Basics of necessity and permission of legal actions. Tehran: Publisher Mizan; 2013.
Safaei H. Introductory course in civil law General rules of contracts. Tehran: Publisher Mizan; 2005.
Qasemzadeh M. Interpretation of civil law. Tehran: Publisher Samt; 2018.
Adl M. Civil law. Tehran: Publisher Taha; 2005.
Masjedsoraie H. Jurisprudence terminology. Tehran: Publisher Peyk Kosar; 2011.
Katoozian N. General rules of contracts. Tehran: Publisher Sahami Enteshar; 2007.
Mirzaei AR. Civil law. Tehran: Publisher Behnami; 2008.
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