| Popis: |
he meaning of "sale" is not defined in Shariah but rather has been shaped by customary practices. In this process, usages of the wise (Sireh) have played a significant role, contributing to the credibility of this concept. Within Imami jurisprudence, there are differing views on the tangibility of goods as a condition of a valid sale contract, which can be summarised as follows: Both parties' considerations must be tangible. Only the seller's consideration must be tangible. Tangibility is not a necessary condition for a sale contract. In line with the second view, the Iranian Civil Code has enshrined the requirement for the goods’ Tangibility in Article 338. The main question is what criteria can be used to make the subject of Article 338 of the Civil Code more flexible and include it in the scope of data and information related to the property. However, this essay argues that this provision no longer enjoys legislative support, although it has not been formally repealed. Instead, we propose interpreting the concept of goods in its literal sense, i.e., the object or the property itself. Furthermore, Imami jurisprudence has the potential to adopt a more flexible approach in this regard, where common sense plays a prominent role in the opinions of jurists. Therefore, we suggest that the third view, which does not limit the types of data or information that can be considered in a sale contract, could be strengthened |
