Jalal Soltan Ahmadi
Abstract
Contract law is one substantial pillar of Distribution. Contract parties understand themselves to be engaged in a strictly bilateral exchange to which the parties jointly and exclusively control the terms. Upon breach of the Contract, the suit is based upon a conception of commutative Justice. Distributive ...
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Contract law is one substantial pillar of Distribution. Contract parties understand themselves to be engaged in a strictly bilateral exchange to which the parties jointly and exclusively control the terms. Upon breach of the Contract, the suit is based upon a conception of commutative Justice. Distributive justice is concerned with the fair allocation of resources among community members. Liberals who oppose the use of contract law as a redistributive device believe that distributional objectives are always better achieved through the tax system than through the detailed regulation of individual transactions. Contracts involve just two people and distributive justice involves many. The claims of distributive justice might require that we enlist contract as a tools to pursue more equitable distributions. A related claim would be that we should interpret interpersonal entitlements in such a way that they do not exacerbate distributive Injustice. Another focus is on the effects of contract on distribution rather than the effect of distribution on the independent morality of contract. Contingent accounts treat on social context and background involuntary duties. The value of promise and the efficacy of contract depend on the kind of relation from which it arises and their social starting points. There is no categorical reason for barring distributive considerations from the contract regulation. Most of the rules that make up contract law are defaults; which could be choose according to distributional considerations, the list that illustrate the distributive nature of contract rules is countless, and spills over into mutual assent, interpretation, breach…
Mohammad Hassan SadeghyMoghadam; Meysam Musapour; Jalal SoltanAhmadi,
Volume 5, Issue 2 , February 2017, , Pages 27-40
Abstract
Abstract
In order to boost the capital market, finance, and absorption and accumulation of small and scattered funds, various tools and several contracts in different countries are used in different countries. In this regard, also in Islamic countries, in addition to the use of traded contracts ...
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Abstract
In order to boost the capital market, finance, and absorption and accumulation of small and scattered funds, various tools and several contracts in different countries are used in different countries. In this regard, also in Islamic countries, in addition to the use of traded contracts in financial markets of America and some European countries such as futures and options contracts, new contracts were developed within the framework of Islamic criteria in addition to the traded contracts in financial markets of America and some European countries such as futures and options contracts. One of these contracts is “parallel salaf” that has been formed to eliminate restrictions and obstacles of salaf exchange, especially the impossibility of selling the futures goods before maturity that prevents creation of the secondary market and funds absorption. “Parallel salaf”, as a strategy to be presented in the Securities and Exchange market, has taken a new shape, and has been defined as “the standard parallel salaf contract” under specified and certain criteria whilst the dynamism of the stock exchange and more participation, management and hedging transactions will be carried out. By investigating in Islamic Jurisprudence texts, objections and doubts can be raised about “the standard parallel salaf contract”. The novelty of this contract and the need to adapt it with Jurisprudential foundations - despite the absence of jurisprudential and legal sources - necessitates explanation of this contract and removing explanation of its ambiguities and legal objections in order to increase efficiency and synchronization with our country’s rights. In this article all objections to “the standard parallel salaf contract” will be raised and answered.
