Transaction with illegitimate motive and its jurisprudential effects, with an approach to the opinions of Imam Khomeini (RA)

Mudabbar Chaharborj, Seifullah; Asadi, Mohammad

doi:10.22034/matin.2025.479823.2293

Transaction with illegitimate motive and its jurisprudential effects, with an approach to the opinions of Imam Khomeini (RA)

Document Type : Original Article

Authors

Seifullah Mudabbar Chaharborj ¹

mohammad asadi ²

¹ Assistant Professor, Faculty of Humanities, Department of Law, University of Mohaghegh Ardabili, Ardabil, Iran

² PhD student in jurisprudence and basics of Islamic law, University of Qom, Qom, Iran

10.22034/matin.2025.479823.2293

Abstract

The principle in transactions is validity and necessity, and the contracting parties can regulate the quantity and quality of the transaction themselves according to their will. Based on the principle of the dominance of wills, if the contracting parties attempt to make a transaction with an illegitimate motive, without intending to commit an unlawful act and having a prior agreement on it, can a fatwa still be issued on its validity and necessity and cite the aforementioned principle? And regardless of its situational ruling, does the legislator agree with the conclusion of such transactions and issue the necessary permission for such transactions in the capacity of a duty? The present study, looking at the views of Imam Khomeini (RA), attempts to answer this important question, and since transactions are part of everyday affairs in all human societies, the importance of answering it is doubled. The results of the research show that Imam Khomeini (RA) considers transactions with illegitimate motives in verbal contracts to be forbidden and invalid. Although he believes in the validity of Al-Mu'ta'ats, famous jurists have issued fatwas on the validity and detestation in an absolute manner.

Keywords

Imam Khomeini (RA)

illegitimate motive

sale

illegitimate cause

Mu'؛ ta'؛ at

Subjects