Volume 5, Issue 1 (2020)                   2020, 5(1): 110-117 | Back to browse issues page

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Farsani F, Eskini R, Alborzi Varki M, Kiai A. Re-examination of Quranic and Jurisprudential Evidences of Selling Self-Help as One of the Remedies For Breach Of Contract for the Purchase of Medical Equipment. Quran and Medicine 2020; 5 (1) :110-117
URL: http://quranmed.com/article-1-457-en.html
1- PhD Student, Department of Law, Research Sciences Unit (Zanjan), Islamic Azad University, Zanjan, Iran.
2- Full Professor, Department of Law, Mofid University, Qom, Iran (Corresponding Author). , reskini@mofidu.ac.ir
3- Assistant Professor, Department of Law, Qazvin International University, Qazvin, Iran.
4- Assistant Professor, Department of Law, Qazvin International University, Qazvin, Iran
Abstract:   (1625 Views)
Purpose:The aim of this study was to re-examine the Quranic and jurisprudential evidences of selling self-help as one of the Remedies For Breach Of Contract for the purchase of medical equipment.
Materials and Methods: This research has been done by library studies and descriptive-analytical method. By referring to Quranic, narrative and scientific texts, the necessary information has been obtained and analyzed.
Findings: One of the problems that has arisen in recent years in the field of medical equipment is that for various reasons, including oppressive sanctions, some buyers or sellers of Iranian medical equipment are not able to pay the price or the goods and this factor causes uncertainty. The incidence of material damages and losses to medical equipment activists. The main question of the research is: "What is the ruling on Quranic and jurisprudential arguments regarding the sale of self-help (resale) as one of the Remedies For Breach Of Contract for the purchase of medical equipment?" The findings of the research indicate that the requirements of the holy verse "... فَمَنِ اعْتَدَی عَلَیْکُمْ فَاعْتَدُوا عَلَیْهِ بِمِثْلِ مَا اعْتَدَی عَلَیْکُمْ ..." (Baqarah: 194) and verses 40 of Surah Shura and verse 126 of Surah An-Nahl and other jurisprudential narrations and rules, including the rule of no Loss principle in Islam and the Retalitation rule, as well as legal provisions in similar matters, not only do not contradict this, but also accept it. However, the principle of agreement must be kept and rights of the other party must be taken into account in this regard, and according to the holy verse "... لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ " (Baqarah: 279), neither party to the deal should be wronged or abused.
Conclusion: Medical equipment contractors can sell the property to another and exercise their rights in order to prevent further damage and uncertainty in the fate of the contract. However, this right and authority should not lead to "oppression", "loss" and "injustice" to the rights of the other party, but from the point of view of the Holy Quran and Islamic traditions, justice and fairness should be observed and the rights of the parties to the transaction should be exercised to the maximum.
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Type of Study: Research | Subject: Special
Received: 2020/03/5 | Accepted: 2020/04/21 | Published: 2020/06/20

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