مجله مطالعات فقه امامیه
پیاپی 4 (بهار و تابستان 1394)

According to a widely held opinion, and based on verse 14 of Surah al-Anfal, Khums is divided into six portions. The three parts meant for Allah, the Holy Prophet and his nearest relatives, go to the Prophet himself (S), after him they belong to the Infallible Imam (AS) and in his absence, they will be given to a qualified Mujtahid so that they may be spent for such purpose that best pleases Allah and the Imam of Age (AJ). The other three portions belong to poor sayyids or those sayyids who are stranded without money. There is a viewpoint which says that khums is the exclusive right of the authority of imamate. That is to say, in the time of the Messenger of Allah, Khums is placed at the disposal of the Prophet himself and after him, it belongs to the authority of imamate. That is to say, the Imam will have the right to use it for the benefit of Muslim umma. However, in his absence, Khums is placed at the discretion of Wali-e Amr i.e. a qualified jurisprudent. The sayyids are also considered to be their family in the sense that their needs should be met from religious dues. This article seeks to study, explain and strengthen this opinion.

The juridical groundwork of intellectual property and essentially its importance in Islam's legal system is one of the issues that have engaged jurisprudent's minds from not very distant past as of today. However, Martyr Mohammad Baqir Sadr, the profound thinker and great scholar of our time, while discussing legal theories, has considered the authorship right and such other mentally-posited rights as possible. He has substantiated the right by making recourse to the 'principle of no harm'. The present article delves into Martyr Baqir Sadr's view discussing it from various angles. It is rightly believed that he has elaborately explained, analyzed and expatiated upon the principle of no haram. In some cases, he has rendered quite innovative arguments.

Monetary policy is the macroeconomic policy laid down by the central bank. It involves management of money supply and interest rate and is the demand side economic policy used by the government of a country to achieve macroeconomic objectives like inflation, consumption, growth and liquidity. Obviously, prudent implementation of monetary policy to realize monetary goals is possible only through their respective tools, not to mention the fact that it requires much scrutiny at the surface and the underlying levels. In conventional banking, they make use of qualitative and quantitative tools to implement monetary policy and achieve economic goals. Given the fact that usury (riba) is forbidden in Islam and it is not permissible to conduct interest-based transactions or any tools for that purpose, the present study aims to critically assess the foregoing tools as well as evaluate their application and functionality in an interest-free banking system as the variables of the economic policy for control and monitoring of liquidity and adjustment of the currency strength.

Based on a widely known verdict of Shia and Sunni scholars and as per article 555 of the Islamic Penal Code of Iran, a woman's blood money is half of that of a man. However, unlike the widely known fatwa, a number of Shia and Sunni jurisprudents believe in the equality of the blood money of men and women. The first group of scholars makes recourse to traditions and consensus (ijma') of jurisprudents as per which the blood money of a woman is half of that of a man. The second group of scholars makes recourse to the general and unrestricted purport of the narrations advocating the equality of blood money of men and women and doubting the authenticity of narrations which suggest that women's blood money is half of that of men. This study critically examines the two side's arguments and at the same time tries to reach a conclusion which would redress the challenges existing in this regard.

The use of weapons of mass destruction (WMD) in warfare is not new, and may be as old as warfare itself. It is a subject matter discussed both in jurisprudence and law. The present research seeks to prove the prohibition of the use of mass destruction from the perspective of various Islamic jurisprudential schools. A weapon of mass destruction is a nuclear, biological, or chemical weapon able to kill and bring significant harm to a large number of humans or cause great damage to human-made structures, natural structures or the biosphere. In this research, the writer, relying on Quranic verses and prophetic traditions, concludes from a rational perspective that even in Islam, the sale of destructive weapons to hostile and warring non-Muslim factions has been prohibited.
Past and present grand jurisprudents believe in prohibition of the use of any kind of weapons of mass destruction and that Islam does not allow any kind of tit for tat action against infidels and enemies.

Press activities provide an appropriate opportunity to promote freedom of expression but such activities are bound by certain limitations that are acceptable to all legal systems including Shiite legal and jurisprudential system. Among the limitations of the freedom of expression is¡ according to Shia jurisprudence¡ the prohibition of defamation and desecration of natural and legal persons in the form of mocking¡ putting blame on someone¡ committing an outrageous and sacrilegious act¡ desecrating natural and legal persons and backbiting them. The difference is in the definition of these titles and a lack of precise definitions for some of them which have led to discrepancies in the verdicts. The article making use of critical and analytical method of research enables us to know that despite all the differences¡ what is certain is that the press do not have the right to desecrate natural and legal persons under the pretext of «satirical writing» ¡ «common good» ¡ «freedom to questioning and casting doubt» ¡ «lack of respect of the unfaithful» and «lack of respect of the heretic».