Journal of Islamic Law Research

Journal of Islamic Law Research

Void (Invalid) Contract in the Shia and Sunni Jurisprudence, Iranian and Egyptian Law

Type : Research Article

Authors
Abstract
Invalidity is the state of a juridical act not valid in terms of law and lacking the expected effects in terms of its validity. In fact, an invalid juridical act is one lacking an essential foundation and not restoring validity through subsequent authorization. Shiite jurisprudents consider the word “invalidity” in its general sense, including the state of being inoperative. The present article seeks to clarify the meaning of annulment of contract and its differences from institutions such as invalidity, being inoperative, withdrawal of contract, and suspension in Shiite jurisprudence, the four Sunni schools of law, and the law of Iran. Since the concept of annulment in the law of Egypt (as a Muslim country with its legal system based on Sunni jurisprudence) is different from that in the law of Iran, the article will also address and analyze those differences.
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  • Received 16 August 2010
  • Revise 05 September 2010
  • Accepted 21 October 2010