Religious Researches

Religious Researches

Liability for Breach of the Contract of Muzara’ah

Document Type : Research Paper

Author
Qom University
Abstract
There is disagreement as to the acceptance or rejection of contractual liability in Islamic jurisprudence. Like many other topics, there could not be found a distinct discussion regarding the question at hand in Islamic jurisprudence, and materials must be attracted from here and there.
This article deals with a case study of this topic in the contract of muzara’ah (agricultural partnership). Thus, after a survey on the nature of this contract, it goes on studying the breach of contract by cultivator and agent separately. From this study, it could be concluded that, as against the famous view, acceptance of damages for breach of contract is favored by some Imamiah jurists and could be supported.
Keywords

Volume 10, Issue 2 - Serial Number 2
Summer 2014
Pages 371-404

  • Receive Date 06 January 2014
  • Revise Date 16 September 2014
  • Accept Date 25 July 2014