أثر الحکم الوضعی فی عقود الصبی | ||
| Anbar university Journal for Islamic Sciences | ||
| Article 1, Volume 5, Issue 1, June 2014, Pages 207-264 PDF (3.02 M) | ||
| Abstract | ||
| The study comes to the following results: 1. The fabricated rule is independent from the commissioned rule as far as the definition and department are concerned but its relation with the commissioned rule is compact because it represents the mark which denotes the commissioned rules. If this mark does not exist, it is impossible to comprehend many commissioned rules. 2. The commission does not exist only when the fabricated rule exists because the commissioned rule should be split from the fabricated. For this reason the researcher could not provide a single example of the commissioned rule without reason or condition, on the other hand the fabricated rule may exist without the commissioned because the fabricated rule is more comprehensive. Here lies the impact of the fabricated on the child contracts whosoever confirms the child contracts is done without conditions. 3. It appears that the fabricated rule has an effect on the child's behavior for the contract formed up on the bases. Some of these are the child s contract and the consent. 4. The jurisprudents agreed that the contract issued from the lad is nothing. 5. The jurisprudents have seen the child s benefit. Thus their rules come accordingly. 6. They agreed on the child's right and keep his wealth from loss. 7. They agreed not to sign anything which is offensive for him. 8. The Shafi do not agree on the absolute contracts of the child. 9. The majority have licensed the marriage of the child with the consent of his guardian. They disapprove the child's divorce for the divorce is one of the things which ascertains his rights, contrary to the child s damage of somebody else s wealth. | ||
| Keywords | ||
| effect; Judgment; status | ||
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