ماهنامه معرفت
سال سی‌ام شماره 2 (پیاپی 281، اردیبهشت 1400)

This paper is a commentary on the advices of Imam Mohammad Bagher (PBUH) to Jabir b. Yazid al-Ju’fi, one of his noble companions, regarding the characteristics of the real Shiites. His holiness says, "and beware of the devil in sincere fear, and beware of false please, for it makes you fall into true fear." One of the characteristics of real Shiites is fear and sincere hope. Fear is a perceptual and passive state in human beings whose creation has a philosophy. These fears stem from man's own sin, not the fear of God Almighty, since the fear of divine punishment is the lowest level of fear of the believers. Depending on the level of faith and knowledge, believers have other fears such as the fear of humiliation before God and deprivation of divine blessings, as says, "and Allah will not look at them on the Day of Resurrection". One of the functions of the fear of the hereafter is protecting man from the Devil. This paper examines in detail the types of fear and hope and its difference with cowardice.

Advances in financial technology in recent decades have brought about great changes in the governments and the people's way of life and have brought about dramatic changes in the monetary system of countries. One of these technologies is cryptocurrency. Due to its spread in Islamic societies, it is necessary to understand the nature of this emerging phenomenon and its regulation by jurisprudence. To provide the conditions for deducing the jurisprudential ruling and its application in economic relations, it is necessary for the jurisprudence system to accurately identify the nature and economic functions of this phenomenon. Using desk-research method, web content as well as other international articles, given the newness of this issue, the jurisprudential aspects of this issue have been explained based on the rich foundations of Shiite jurisprudence at both levels of trade and mining. Finally, the challenges of this debate have been identified from the perspective of Islamic financial experts and the great authorities. Accordingly, the doubts such as, la Dharar (do not inflict), Nafi-e-sabil rule, (denying the domination of unbelievers over believers), the possibility of hacking and many other challenges that can be seen as a barrier to its legitimacy have been explored.

Waqf is dedicating the same property and donating the benefits in such a way that its transfer through sale, gift, mortgage and inheritance is not allowed. Using a descriptive-analytical method and identifying and discovering the nature of the endowment and the nature of money through both a priori and legal means this paper seeks to studies the issue of endowing money to the jurist to issue a fatwa on whether or not to allow endowment of money. The findings show that, dedicating is not possible if the meaning of the object in money is the physical object of money with a specific substance and form especially the banking, electronic and digital currencies because it cannot be included in the definition of endowment money. But if the meaning of the same money is its value, dedicating the same is possible. In this case, the endowment of money can be defined as the endowment of the value. The findings show that, the endowment of money can be defined as the endowment of the value and it can be considered permissible.

In countries such as Iran, which are plagued by inflation, the demand for facilities (financial assistance programs offered by banks and lending institutions to help companies) is much higher than the supply. Therefore, some people buy these facilities from their owners. This research seeks to examine the nature of this banking priority to provide the ground for the deduction of the legal ruling of the transaction of these facilities. Using a descriptive-analytical and desk-research method, the findings show that, there is a difference between receiving the concession of the facility by the buyer and receiving the concession of the facility directly by the facility owner and then handing it over to another. In the first case, the sale of concession (assignment of priority over property) is right. In the second case, if the facility is Qardh al-hasane (all loans in Islam are interest free) its sale is an example of loan usury. And if the facility is designed to yield a profit, both participatory and exchange type, is not allowed.

One of the common ways to equip resources in banks and Qardh al-hasane banks is granting facility concessions in return for a deposit. Using a jurisprudential method and with a thematic approach to this issue, this paper seeks to answer the question of whether such a method applies to borrowing in return for borrowing and judicial usury. The findings show that, the agreement is a judicial usury, if the granting of facilities is conditional on a deposit in Escrow Account (checking account or Qardh al-hasane one (all loans in Islam are interest free)) and these deposits are received in the form of a loan agreement. Unless this condition does not oblige the bank to provide facilities. Also, if the said deposit is obtained on the basis of attorney and the ownership of the investor is maintained on the funds, in this case, the condition of the deposit to receive the facility is in the sense of allowing the bank or Qardh al-hasane bank to use the funds under its authority and grant the loan to others. If the facility is subject to deposit in the investor account; in this case, the applicant enjoys the privilege of the facility in return for the investment and not the loan, and there is no doubt about usury and thus the suspicion of usury disappears.

The domestic Qardh al-hasane banks are a new way of lending and borrowing that has been welcomed by many Iranian families. In this method of borrowing, some people agree to pay a monthly amount to a person who is the fund manager; he also pays the entire amount to one of the members as a loan by drawing lots; this operation is repeated every month so that all members can receive loans. Using a descriptive-analytical method the research findings show that this method of lending is jurisprudentially right and it is not considered usury. Of course, the condition for allocating the first loan to the fund manager is a kind of remuneration for his or her management services. This condition converts his first loan into usury. The issue of obliging members to maintain cooperation with this bank has been discussed in this research and the quality of khums's (one fifth) payment has been stated in detail.

Using the financial instruments such as the Sukuk al-Istisna has been considered in the financial markets of Islamic countries in the last decade as a method of providing the capital of the government, public institutions and commercial companies. Using a descriptive-analytical and desk-research method, this paper thematically studies the nature of the contract and the Sukuk al-Istisna to clarify the benefits, pillars, types and methods of using these documents in the Islamic financial realm and usury-free banking to prepare the ground of issuing fatwas for the great authorities. The findings show that, the Sukuk al-Istisna is a type of for-profit financial instrument with a fixed investment rate and low risk, which is presented in the form of ordinary Sukuk al-Istisna for financing in the capital market and as options that can be published in the stock exchange. This Sukuk al-Istisna can be converted into together with option trading securities, directly or indirectly or in parallel.

Foreign exchange was created to exchange currency between banks, but is now popularly known as a marketplace for exchanging currency pairs. Using a descriptive-analytical, desk-research and field research and due to the ban on the Forex exchange by economic authorities, the judiciary based on the sharia and legal principles this paper is proposed in order to introduce this financial market. The findings show that, Forex exchange is an unrealistic form of trading in which high-risk traders buy and sell exchange rates simply by predicting and analyzing technical fluctuations. Despite the suspicion of eating money wrongfully and the deceptive nature of this market, the main challenge of this market is the nature of the buyer and its lack of property.

Network marketing is a way to make a profit. Companies benefit by receiving membership fees or selling products at a higher price. Some believe that this method improves product quality, getting the country out of recession, reduces costs and creates a positive cash flow. The focus of the proponents' argument is that intermediaries are eliminated in network marketing; therefore, the cost is reduced and the necessary liquidity for reproduction is provided to the companies. But in fact, this method transfers costs to the company and its branches (not reducing costs); while it has other negative consequences. While arguing for and against this deal, thematically this article examines the criteria for distinguishing between healthy and unhealthy marketing. Using a descriptive-analytical method and helping the economy, this paper gives some tips on how to fix network marketing damage.

The transformation of money from commodity money to credit and electronic money has created new issues in the field of money and banking, which make it necessary to recognize it. In the preferred theory, money is somthing that is widely known as a means of payment. Given the nature of money, "objectivity" of money is irrelevant, and everyone becomes a creditor of the bank to the extent of his or her deposit, not his own money. Therefore, there is no such thing as "common property" in the case of bank deposits, and if part of the bank's income is forbidden, it does not spread to other income. To understand the rules and transactions of money, it is important to know how money is offered and the motives for demanding money. In addition to prudential and trading motives, the motive of speculation is one of the motives for keeping money. The money supply in the economy is done through the central bank and the banking system. The partial reserve system (lending more than the bank's balance sheet) in addition to creating rights for banks, causes economic fluctuations.