Comparative study of the basis of the seller&#039;s understanding of the guarantee of damages in Islamic jurisprudence (Imami and Hanafi) and international law (Iran and Afghanistan)

GHARIB PARWAR, SHASULLAH; Qiyasi Sarraki, Siamak; Bahraini, Mohammad Jawad

doi:10.22034/jml.2025.2076497.1550

Comparative study of the basis of the seller's understanding of the guarantee of damages in Islamic jurisprudence (Imami and Hanafi) and international law (Iran and Afghanistan)

Articles in Press

Document Type : Original Article

Authors

SHASULLAH GHARIB PARWAR ¹

Siamak Qiyasi Sarraki ²

Mohammad Jawad Bahraini ³

¹ AL-Mustafa International University

² Assistant Professor, Law Department, Al-Mustafa Al-Alamiyah University, Qom, Iran

³ Assistant Professor, Law Department, Al-Mustafa Al-Alamiyah University, Golestan, Iran

10.22034/jml.2025.2076497.1550

Abstract

This article is based on the concept and basis of the guarantee of the understanding of the sold item in Islamic jurisprudence and the civil law of Iran and Afghanistan, using a descriptive-analytical-comparative method and with the aim of compensating the customer for losses. The results and findings of the research showed that the guarantee of understanding, according to the Imamiyyah jurists and some Hanafi jurists, means a guarantee; but in the civil law of Iran and Afghanistan, the guarantee of understanding is used to mean the seller's responsibility to return the price and compensate for the damage in case of taking the sold item for the right. The jurists have considered the basis of the guarantee of the price to be a void contract and the basis of compensation to be the rule of no harm, arrogance and negligence, but there is a difference of opinion among jurists about whether the basis of the said guarantee is a valid contract or not. Of course, what is correct is that the guarantee of understanding has a contractual origin and is not specific to the invalidity of the sale and the entitlement of the sold item, and the seller's obligation begins from the time of the contract.

Keywords

Guarantee of understanding

compensation

guarantor

seller

entitled to another

Subjects