when the parties enter into a contract it is valid and binds the parties: that meams one of them cannot terminate the contract without an agreement; in this article we try to prove the base of this principle: in islamic law if the evidence of the sources are not sufficient we can accompany the effects of the contract if it is unconditional and absolute in islamic law it is known as esteshaab.

claimant and defendant’s presence has different consequences and sanctions if the legislator said that their default is not an obstacle for proceeding. current remedy is annulling the claim or default judgment. this remedy is different in the previous islamic law and our past laws and french law. the notion of presence in islamic law is personal presence and so is different from its current not...

“obligation”, “dette” and “droit personnel” are three important and correlative legal terms in civil law that have been introduce into persian legal literature with improper translation. the failure to distinguish them from common terms in islamic jurisprudence like “dein” and “eltezam” have caused conceptual confusion between special terms of two great legal systems: civil law and islamic law....