Volume 15, Issue 1 (2011)
CLR 2011, 15(1): 127-147 |
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Parsapour1 M B, issaei Tafreshi2 M. Delegation in Islamic and Iranian law. CLR 2011; 15 (1) :127-147
URL: http://clr.modares.ac.ir/article-20-5584-en.html
URL: http://clr.modares.ac.ir/article-20-5584-en.html
1-
1. Assistant Professor, Faculty of Law Qom University, Qom, Iran
2- 2. Professor, Department of Law Tarbiat Modares University, Tehran, Iran
2- 2. Professor, Department of Law Tarbiat Modares University, Tehran, Iran
Abstract: (9183 Views)
The term tafwiz or delegation is one of the terms, which have been rarely used in Islamic jurisprudential (Fiqh) and legal texts. In Constitutional Law and some of the common laws, this term has been considered by legislators. Few debates have been made on whether in Islamic jurisprudence (Fiqh) and law, delegation has a different meaning from its literal meaning and also on the different kinds of delegation and the nature, terms and effects of each of them.
Although in some Islamic jurisprudential (Feqh) works, tawkil (authorization) has been used beside tafwiz (delegation) or even they have been taken as synonymous, further investigation shows that tawkil not only differs in meaning from tafwiz, but also it is not its only form. Tafwiz has other forms and kinds. In this article, besides explaining the technical meaning of tafwiz, the researchers attempted to introduce different kinds of tafwiz and their terms and effects. Finally, they have concluded that if there is no evidence to the opposite, tafwiz leads to the irrevocable transference of the right or authority of one person to another.
Keywords: Tafwiz (delegation), Tawkil (authorization), Designation, Arbitration, Transference of ownership
Received: 2009/11/7 | Accepted: 2010/06/10 | Published: 2011/06/21
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