چکیده:
Incompetent trades are trades done by an incompetent person or can be issued by him, but the trader is not incompetent. Examples of incompetent Transactions are different at any time, and what was competent in the past can today be considered as incompetent. Incompetency is visible in all types of contracts, terms and economic activities. To find out the rate of productivity, we should refer to the leading and expert traditions. A criterion for detecting such transactions is the level of productivity resulting from a legal or economic action. The lower the effectiveness of a measure, the more incompetent it is, and it is closer to vanity. Some jurisprudents and lawyers believe in the voidness of the incompetent trades. In this paper, the concept of incompetency, incompetent and efficiency (as a criterion for the lack of incompetency in large areas), and the view of jurisprudence and law about the incompetent contracts are being studied. The nature and decree of incompetency are mainly discussed in small scale contracts and activities, and this article deals with this issue in large scale contracts and activities andin response to the question of the nature of foolishness in large areas from the point of view of jurisprudence, it is hypothesized that the viewpoint of jurisprudence about incompetency in large areas is based on maximum productivity and efficiency.
خلاصه ماشینی:
1. Background Many jurists such as Shahid al-Awwal, Shahid al-Thani, Najafi, Yazdi, Khoei, Maraghi, Jaziri, Mostafavi, Makarem Shirazi, and Javadi Amoli, and legal scholars such as Langroudi and Taheri, have addressed the explanation of the rulings on foolish transactions.
1 Hekmatnia and Zamani (1992), in the article "The Legal Status of Foolish Transactions in Imami Jurisprudence and Iranian Law," state: The absence of a rational purpose in performing any contract makes it foolish, and to diagnose the existence of a rational purpose, one must refer to custom (Urf).
3. Examination of the Verses of Safahat According to most jurists, one of the conditions for the contracting parties is puberty, and transactions by a minor, whether discerning or non-discerning, with or without the permission of a guardian, regarding their own property or another's, in valuable or low-value matters, are void (Naraqi, 1415, Vol. 14, p.
The Quranic evidence for this issue is the noble verse: «و ابتلوا اليتامي حتي إذا بلغوا النکاح فإن آنستم منهم رشدا فادفعوا إليهم أموالهم » (An-Nisa, 6), which indicates the necessity of testing a minor to prove Rushd (maturity) in order to grant property to him (Tusi, 1387, Vol. 2, p.
In the past, it was stated that the criterion for identifying foolish transactions is the lack of wisdom in the contract, because buying water next to a river is foolish according to rational people and custom (Hosseini Maraghi, 1388, Vol. 2, p.
A Reflection on the Rule of Invalidity of Foolish Transactions with Emphasis on the Verse of Consuming Property Unjustly, Research in Islamic Jurisprudence and Law. 12 (44).
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