نوع مقاله : پژوهشی (داوری عادی)
دانشگاه شیراز دانشکده الهیات بخش علوم قرآن و فقه
عنوان مقاله [English]
Present study, which is conducted in descriptive-analytic way, attempts to investigate necessity and permit lease contract when one sides of the contract passed away. Although most of Islamic jurisprudences have rendered in lease contract as a requirement, there are disagreements for cancellation or non-cancellation of the contract in case of death for the lessor or landlord. Cancellation means complete termination of the contract. Such discrepancies are caused by a number of reasons: first, lease contract is similar to some other permissible contracts like Aariyah and Ja’alah and also similar to other necessary contracts like Bai’a and Mosaghat. Some Sunni jurists consider in lease like Mosaghat and according to what Prophet Muhammad (PBUH) did to Kheibar residents and no renewal of this contract by Abu-Bakr and Omar, they believe that if one side passes away, lease contract is not terminated. Secondly, all Islamic jurisprudential religions think that lease cancellation is possible due to some reasons, but death of one side does not cancel this contract. Besides, different interpretations of Imami hadiths resulted in different conclusions in cancellation or non-cancellation of the contract due to the death of one of two sides of contract. The correct interpretation is that this contract is still valid even if one of the parties of the lease deceases. But in some cases like endowment of the lease term, this contract is not valid anymore..