Magiran | نشریه فقه اهل بیت، پیاپی 66-67 (تابستان و پاییز 1390)

انتخاب همه

Moatat: Impermissible in Marriage

Sayed Kazem Hosseini Haeri Page 5

The essay comprises two parts. First, evidences which make Mo’atat impermissible in marriage are discussed.The author mentions different ideas and concludes that consensus of jurists and popular acceptance are main reasons for rejecting Mo’atat in marriage. On the other hand, the second part studies the possibility of Mo’atat in marriage highlighting that all contracts are basically invalid unless they attain authenticity. Thus, the author proves that Quranic notifications as “fulfill your promises” do not apply to marriage. Examining Quran and Tradition evidences, the paper concludes that Mo’atat cannot be verified whatsoever.
Keywords: Moatat, Marriage, Adultery

Abstract View Paper Original: Persian
General Reasons of Contracts

Abolghasem Ali Doost Page 22

Most of contracts in Fiqh are set based on a certain reason. Furthermore, all contracts need some certain general reasons according to which conditions and regulations of contracts are derived. In four parts, the essay discusses the verse mentioning “merchandising by mutual consent”. First, terminology and etymology of the verse are discussed. Then, the concepts are mentioned and whether the verse proves the liability in case a contract is invalid is examined. Third, effective scope of the verse is systematically reviewed and independency of this verse in deducing contract regulations or inconsistency of utilizing this verse and similarverses for deduction is discussed. Finally, the authorexemplifies the case with some current contracts such as setting a price for cancellation of a contract, commission fee of non-benefit loans, violation of work hour by employees, etc.
Keywords: Merchandise, Mutual Consent, Invalid, Contract, Exception

Abstract View Paper Original: Persian
Dependency or Independency of Production Order Contracts

Mohammad Naghi Nazarpour* Page 121

Production order contracts are widely used in private and social cases. Many companies, institutions and organizations order goods which are either unavailable or need to be produced with certain specifications. Therefore, due to financial investment and budgeting, the producer doesnot agree to produce unless an order contract has been made beforehand. Referring to available jurisprudential sources, the author examines whether the production order contracts are independently introduced contracts or they can be classified under some other kinds of contracts. He comes to this conclusion that production order contracts can be introduced as independent contracts or trading.
Keywords: Production Order Contract, Jurisprudential Validity, Former Shiite Jurists, Hanafi Approach

Abstract View Paper Original: Persian
Non-Jurist Judge in Shiite Jurisprudence

Mohammad Bahrami Khoshkar, Atekeh Ghasem Zadeh Page 169

Known Jurists stress that the judge needs to be a jurist; however, others, mainly contemporary ones, disagree, highlighting that a non-juristcan be a judgeif other conditions are fulfilled and a jurist has permitted him/her. According to the formers, a non-jurist being appointed by a jurist cannot judge, while based on the latters’ suggestion such an appointed judge is allegedly permitted. However, if being a juristis a necessary condition for being a judge, some jurists agree that in emergency conditions and for avoiding chaotic situations a non-jurist person can judge the case. Some others totally disagree even in emergency cases.
Keywords: Judgment, Ijtihad, Judge, Appointed Judge, Permitted Judge, Non, Jurist

Abstract View Paper Original: Persian
Evaluation of Alms Counting Method in Muslim Financial Institutions

Gholam Reza Soleymani Amiri, Zahra Farshi Page 205

From a practical and religious point of view, the essay examines commercial points in Alms counting in mercantile companies. First, according to Shiite and Sunni scholars, different aspects of Alms and mandatory cases of paying Alms for mercantile companies are studied.Then, methods of evaluating alms for such companies in Muslim countries are discussed. Besides, rules and regulations and how they are applied in calculating fiscal reports. The author ends the discussion focusing on challenges, obstacles and suggestions for methods of calculatingthe Alms.
Keywords: Alms, Rate, Mandatory, Mercantile Companies, Standard

Abstract View Paper Original: Persian
A New Approach towards the Sentence of Solemn Imprecation

Saleh Saadat* Page 250

In Fiqh, Solemn Imprecation is used to divorce a couple when the man accuses his wife of adultery, or refuses to accept a child born to his wife as his own child.Although this peacemaking and jurisprudential solution is left unnoticed today, it can be considered in some domestic disputes as an effective way. This essay reviews Solemn Imprecation, its consequences and its conditions in order to clarify related legal articles, and hence suggests it as a unique solution for some domestic disputes.
Keywords: Solemn Imprecation, Adultery, Divorce, Eternal Prohibition, False Accusation of Fornication, Refuse the Child

Abstract View Paper Original: Persian
Mohammad Ibn Sanan: A Review of His Authenticity and Weakness

Hamid Sotoudeh Page 274

Mohammad ibn Sanan is one of the best-known narrators of Hadith who is as authentic as Hosham ibn Hikam and Mofazal ibn Omar, three of them companions of infallible Imams (A.S.). Although there are more than one thousand Hadith narrated by him and mentioned in the Four- Books, his authenticity has been discussed and doubted by some authorities; some considered him as authentic, while others believed his narrations are weak. Examining his background, this essay tries to prove his authenticity. To do so, the author reviews his life and works, and then mentions the reasons of those who try to call him unauthentic. The proofs for authenticity of Mohammad ibn Sanan are finally presented.
Keywords: Mohammad Ibn Sanan, Authenticity, Proofs, Criticize, Reasons of Weakness

Abstract View Paper Original: Persian

به جمع مشترکان مگیران بپیوندید!

فهرست مطالب

نشریه فقه اهل بیت
پیاپی 66-67 (تابستان و پاییز 1390)

نشریه فقه اهل بیت

Fiqh - e - Ahl - e - Bait

به جمع مشترکان مگیران بپیوندید!

فهرست مطالب

نشریه فقه اهل بیت پیاپی 66-67 (تابستان و پاییز 1390)

نشریه فقه اهل بیت

Fiqh - e - Ahl - e - Bait

نشریه فقه اهل بیت
پیاپی 66-67 (تابستان و پاییز 1390)