Examining the approach of Shia, Sunni jurisprudence and civil law to the transfer of the right of intercession

Document Type : Technical-Scientific

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Abstract

One of the inalienable rights of man over his property is the right to transfer it. The owner's ability to take possession of any property is a general rule in all legal systems, which of course has exceptions. The purpose of this research is to investigate the approach of Shia, Sunni and civil law to the transfer of the right of intercession. This article has analyzed the right of intercession and whether it has the ability to be transferred using documentary sources. The findings of the research show that the right can be transferred if it has property, which was proved for the right of intercession.Another thing is that for the transfer of the right of intercession there are conditions such as the realization of the sale transaction, immovable property, and the existence of a partnership. Based on the results of the research, firstly, the right can be transferred if it has property. Secondly, the conditions for the transfer of the right of intercession prove that it cannot be transferred to another. Thirdly, there is no difference between the Shia and Sunni jurisprudence and the rulings of the civil law. Fourthly, regarding the transfer of the right of intercession to the heirs, with the explanation that a person's heirs are the continuation of his financial personality, therefore, it is not necessary that the voluntary transfer to foreigners and the forced transfer to inheritance are subject to a ruling, the transfer of the right of intercession to the heirs is possible. It is accepted.

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