The Principle of Obligation in Contracts According to Al-Sheikh Hussein Al-Hilli A Study and Analysis

Abstract

The principle of obligation (Asalat al-Luzoom) is one of the influential jurisprudential principles in matters of contracts, and thus, it has garnered the attention of jurists for centuries. This research studies and analyses Al-Sheikh Hussein Al-Hilli's perspective on the meaning of this principle, its evidential basis, and its application. The analysis is based on his detailed research notes on options in contracts, as documented by his student, Sayyid Mohammad Hussein Al-Husseini Al-Tehrani. These notes remained unreviewed, unrefined, and unpublished until years after the deaths of both Sheikh Al-Hilli and his student.
Al-Sheikh Al-Hilli's study of the principle is characterised by comprehensive coverage of topics, branches, opinions, and arguments, with meticulous attention to detail. It includes precise scientific discussions, relying on the latest findings in jurisprudential and foundational evidence, as well as discussions on istishab (presumption of continuity) and other related topics. This thorough analysis motivated us to exert our utmost effort in understanding, discussing, and tracing the roots of these topics in the jurisprudential works of our eminent scholars chronologically. We also aimed to address any original topics we could not find, thereby completing the research and expanding its benefit. We present it here in a structured manner, encompassing main points, branches, and a conclusion.