Proportionality of Shariah negative transactions with legally prohibited transactions in terms of obligation and status

Articles in Press

Document Type : Research Paper

Authors

1 PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad, Iran.

2 ferdowsi university of mashhad

3 Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad, Iran.

10.22034/law.2025.65176.3442

Abstract

Abstract
A substantial segment of Sharia rulings within the domain of legal obligations concerns prohibitions and forbidden acts, many of which are likewise proscribed by statutory law. Accordingly, elucidating the correlation and interaction between Sharia-based prohibitions and legislatively imposed bans is of significant jurisprudential and legal importance. The central research question is: when a transaction is concluded in contravention of either a Sharia injunction or a statutory prohibition, what legal consequences and enforceable remedies ensue? This study aims to comparatively assess the Sharia’s approach to muʿāmalāt manhiyya (prohibited transactions) and the legislature’s stance on prohibited and unlawful transactions, thereby clarifying the underlying rationale and objectives of each system.The findings indicate that the legislature, while drawing upon Islamic jurisprudential sources, primarily seeks to safeguard public order and may enact legal sanctions without direct precedent in classical fiqh. Regarding the ḥukm waḍʿī (legal effect) of prohibited transactions, there exist notable divergences between Imami jurisprudence and Iranian statutory law. The ḥukm taklīfī (normative ruling) applicable to such transactions is classified into two categories: prohibition (ḥarām) and reprehensibility (makrūh). Conversely, the ḥukm waḍʿī is subdivided into five categories: nullity (buṭlān), lack of enforceability (ʿadam al-nufūdh), voidability (qābil al-faskh), annulability (qābil al-ibṭāl), and non-opposability against third parties.
Keywords: This research adopts a descriptive–analytical and comparative methodology, relying on library-based sources, to examine both the normative and the legal effects of prohibited transactions in Imami jurisprudence and Iranian law.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 07 October 2025

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