نشریه فقه اهل بیت
پیاپی 80 (زمستان 1393)

If two or more people begin to dispute over a property without having a proof or yad or with conflicting proofs, there are six possibilities in this type of dispute: 1)Initial resort to qur’a (drawing), 2) equal division of the property among them, 3) swearing by one of the parties and choosing the swearer by qur’a, 4) swearing by all parties and equal division of the property among them, 5) swearing of all parties and resort to qur’a, 6) if there is no proof, the property should be divided equally among all parties and if the proofs are conflicting, one of the parties swear and the swearer is chosen by qur’a or all parties swear and the property is divided equally among them. Having technically collected the bases and reasons of these six possibilities, the author believes the
third possibility is stronger than others and it is even the chosen possibility.

Today various types of bourses have been developed which are a manifestation of common markets. Fourteen centuries ago, the Holy Prophet (s) and Amir al-Mu’minin ‘Ali (a) likened the Muslims’ market to a mosque through which they have referred to common nature of the desirable Islamic market and have explained the rules and regulations of this market namely the rule of sibqat (to overtake). Moreover, Amir al-Mu’minin ‘Ali (a) provided a more evolved market under the circumstances of his own time. This article has quoted the hadiths regarding common markets based on the rule of sibqat, has investigated the market forms during the rule of these two divine leaders as well as succeeding periods and the desirability of this type of market in their point of view has been demonstrated. In addition, other values of the most transcendent Islamic market (Market of Amir al-Mu’minin ‘Ali (a)) have been enumerated and its rules and regulations have been extracted for future use in designing new markets.

Legal person has many practical impacts in business law. Issues related to trading companies and rules governing these types of companies will not be fully grasped without knowing and analyzing the concept of legal person. Jurists have defined legal person when commenting on some articles of trade law. To suppose a legal personality independent from real persons for a trading company entails some liabilities and consequences from legal point of view. The question is whether an imaginary contractual personality can have responsibilities and rights similar to real persons and do business from a jurisprudential point of view or not. There is no precedence for this discussion in Shiite jurisprudence and some contemporary jurisprudents have regarded it among the newly
occurred issues and few of them have mentioned this issue and have commented on it in response to queries by their followers. These opinions can be categorized into two groups: first, acceptance of the legal person, second, rejection of the legal person. This article explores and criticizes these two viewpoints and explains the reasons for the legitimacy of legal person in detail. Accepting the legal person for trading companies does not imply that all legal consequences and impacts enumerated in trade law and interpreted in legal texts should be completely accepted rather its legal consequences and impacts are a matter of scholarly debate.

The issue of women’s presence in the stadiums to watch men’s play, has different jurisprudential aspects over which faqihs often hold different views, therefore, it is impossible to offer a general ruling for women’s presence in all types of stadiums and all types of sports. This article explains different aspects of this issue mentioning fatwas of Shiite and Sunni faqihs. Finally, some solutions have been offered for this social problem.