چکیده:
Today، governments bind contracts with private legal persons in order to fulfill their obligations in various fields. Since the government’s goal of binding such contracts is to provide public interest، so there are certain circumstances that are not common in usual agreements among ordinary people. Equality of parties in rights and privileges has been accepted as a pivotal principle in private law، but the exploitation of public power in administrative contracts makes these contracts in favor of governments. Exceptional terms such as unilateral termination of contract or price changes based on administrative exemptions، raises the question whether such agreements are approved by jurisprudence of Islamic denominations or not? Contrary to the common attitude that considers administrative contract as the offspring of the modern world، jurists of Islamic schools of thought were not unfamiliar with the concept of administrative contracts and referred to this concept in their books. With the emergence of a welfare state and a highlight of the role of the state in people's lives، the importance of administrative contracts has been clear more than before، since without them، it is not possible for states to serve citizens. Islamic Government، from the beginning of its establishment in Medina، and later in the time of Khulafa’ Rashidin، needed a formal legal framework for conducting its affairs. The Prophet's tradition and his successors in dealing with the issues that the Islamic Government resolved through its cooperation with its citizens is a valuable resource in this regard. Evaluating each contract with the general rules of proper contracts is something that should not be easily overlooked.
خلاصه ماشینی:
Since the government's goal in concluding such contracts is to provide public interests, it requires specific conditions that are not common in conventional agreements among ordinary individuals.
Keywords: Administrative contracts, welfare state, exceptional conditions, public power, Prophetic tradition, Rightly Guided Caliphs, general principles of transactions Problem Statement Prior to the emergence of the concept of the welfare state in the nineteenth century AD, the duties of the government toward its subjects were limited to matters such as providing security and establishing foreign relations with other countries.
Examining administrative contracts through the general principles and rules of the validity of transactions opens another window that guarantees the dynamism of jurisprudence in facing issues that have been less addressed in Islamic law.
Another group, while accepting the novelty of this contract in the country's legal system, has made efforts to not overlook the performance and practice of existing administrations in providing a definition: "It is a group of contracts that organizations, institutions, companies, and central and local state and public entities conclude for the implementation of development projects, the performance of public services, and the management and exploitation of public resources, wealth, and property, the benefits and profits of which do not accrue to specific individuals, and the primary goal of this contract is to meet the public needs and interests of the people of a region or country" (Araghi and Habibzadeh, 1388 SH, 15-6).
Administrative contract as a ruling Today, the contracts that the state concludes with private law individuals are subject to a set of specific conditions and regulations.
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