نوع مقاله : مقاله پژوهشی
1 دانشیار دانشکده الهیات و معارف اسلامی، بخش علوم قرآن و فقه، دانشگاه شیراز، شیراز، ایران (نویسنده مسئول)
2 دانشجوی کارشناسی ارشد، دانشکده الهیات و معارف اسلامی، بخش علوم قرآن و فقه، دانشگاه شیراز، شیراز، ایران
عنوان مقاله [English]
The contract of Abra' has different effects and results. Several reasons have caused differences in jurisprudential religions whether Abra' is a unilateral or bilateral contract. There are Quranic verses and hadiths where "charity", "donation" etc; are used as contract of Abra. Most of Islamic jurists have used donation and charity as a bilateral contract and require acceptance from the payee. On the other hand, due to the difference in the nature of Abra', it is like donation and charity considered as a unilateral contract. There is also a doubt that donation is a contract. The condition of not accepting the debtor does not always cause the debtor to conclude Abra' as a contract. Assuming that the condition of not accepting the debtor causes his/her annoyance; this does not contradict with his/her responsibility and Abra' is considered as unilateral contract .There are also disagreements in the abandonment or possession for Abra' that cause it to be a bilateral or unilateral contract. These disputes have caused some Imami jurists to stop interpretation for Abra' as they were not sure if it is unilateral or bilateral contract. Sunni jurisprudential religions consider the occurrence of Abra' different from the word "Hiba" (donation). Considering the reasons that conclude Abra' as a unilateral contract, the legislator should reconsider the definition of Article 289 of Civil Law and stipulate in the definition of Abra' to prevent various interpretations of civil law. The present study is performed using descriptive and analytic methodology.