In accordance with the Islamic code and as it has
been stipulated in Irans codified law, Fozooli (unauthorized)
transactions are enforceable only through permission of the owner. So,
the owners permission makes the transaction lawfully authorized
The present study delineates different legal
point of view about the role of owners permission in authorization of
unauthorized transaction. By taking all the aspects of unauthorized
transaction into consideration, permission of owner has been recognized
as binding condition for perfection of unauthorized transactions. (in
fact, by Intention and Volition as the two elements of will, permission
is construed as the further consent for conducting the transactin).
In delineating the legal consequences of permission
in unauthorized transactions from the legal point of view , concepts of
revelation and narration are put forward. Based on these speculations,
the owners permission is manifested in the judgment-basedrevelation
which has been noted by the Emamied sect jurisprudents.
Then the subjects related to the issue of permission
including permission conditions, permission commandment, way of
permission announcement and so on are investigated.
Also, the contrastive analysis of the issue in the
legal system of Iran and Egypt are of paramount importance for
delineating the internal laws well as amending the existing laws.