- پیاپی 87 (پاییز 1395)
- تاریخ انتشار: 1397/07/26
- تعداد عناوین: 9
Of the Sale Contract`s Terms and conditions; Tanjiz, Correspondence Between Offer and Acceptance, / Effectiveness of Initial Inshaa`, Sequence in Offer and AcceptancePages 5-25
In Fiqh, there have been mentioned several conditions for sale contract; some of them are the conditions for two sides of a contract, some of them are the conditions of objects of sale and some others are the conditions of the sale contract itself and the formula of the contract. The current research is examining four terms and conditions of the sale contract and its formula; the condition of Tanjiz, correspondence between offer and acceptance, fulfillment of offer and acceptance from two sides of contract if the initial Inshaa’ is permissible, and sequence in offer and acceptance. In addition to mentioning these terms and conditions, in this article, the meaning of these terms will be analyzed and the correct view will be clarified.Keywords: Tanjiz, Correspondence between offer, acceptance, Sequence in offer, the terms, conditions of sale contract
Nowadays, the science of medicine with a judicial approach has been progressing and through judicial circumstantial evidences have served justice. Therefore, in law enforcement and judicial measures, sometimes, it is necessary to have the opinion of a medical expert in legal issues. In the current article, after presenting an overview of the subject and clarifyingthe examples of forensics, referring a case to expertsand the feasibility of judicial opposition to it from jurisprudence point of view and established law would be analyzed and the conditions and scope of its liability would be clarified.Keywords: Forensics, expert’s examination, judicial circumstantial evidences, judge’s knowledge
"Irtikaz" is one of the most important and effective rules in interpretation of religious texts. To interpret religious texts, jurists have appealed to this rule and have derived the Shar’i rulings according to it. Since this rule has not been discussed independently in the books of jurisprudence and principles of jurisprudence, its various aspects and potential capacity have been neglected. Presenting a comprehensive definition of Irtikaz and clarifying its various aspects, this article seeks to revive its great capacities., Irtikaz has a unique role in proving and negating some rights and laws and also in the discussions of Usul al-Fiqh such as contradiction (the concept of Zid), authenticity of the single narration, and authenticity of literal word helps us to avoid searching multiple reasons and avoid prolonged discussions.Keywords: Irtikaz, the System of conversation, common understanding, generalization, indication
The Contradiction Between the Narrations Regarding Theft of the Properties in Herzwhich Sentenced to HadPages 86-124
Despite the disagreement regarding the issue of herz, all the jurists except IbnAbiAqil `Amani,believed that a Hadsentence would be issued for a thief when the stolen property has been taken from Herz-a place where usually people put their wealthy things in it. It is whilesome narrations indicate that being in herz for a stolen property is not required for Had, but the majority of these narrations can be come to an agreement with narration of herz. Those groups of narrations which contradict the narrations of herz would be ignored;due to the fame in narrations regarding the credibility of herz. At least, by considering many narrations which imply the credibility of herz in thefts sentenced to Had,and consequently uncertainty and doubt in the rule, and alsothe requirement of the Dar` rule (rejection of Had at the time of doubt and uncertainty), Had should be avoided when there is no evidence that proves the stolen property had been in herz.Keywords: Herz, theft sentenced to Had, contradiction, fame in Fatwa, doubt in ruling, principle of Dar'
To enjoy the inheritance, a pregnancy must have two conditions; first insemination must have already been taken place at the time of devisor’s death, and the child must be born alive. These two conditions are based on Islamic jurisprudence; but the question is that how can these conditions been realized in pregnancy through artificial insemination? In this study, in addition to examining the realization of these two conditions, artificial insemination would be examined in two areas; 1- artificial insemination when the devisor is alive. 2- artificial insemination after the death of the devisor. The latter would be discussed in this article.
In 103 chains of narration of the book Kafi, the name of Muhammad Ibn al-Hassan has been mentioned as the first person. Late Sheikh Kuleini has quoted 1512 narrations through "a groups of narrators" from Sahl Ibn Ziyad. Since `Allamah has quoted from Sheikh Kuleini, one of the person who is present in "a groups of narrators" is Muhammad Ibn al-Hassan. After examining nine narrators who may possible to be Muhammad Ibn al-Hassan, the conclusion is that "Muhammad Ibn Hassan Saffar" and "Muhammad Ibn Hassan TaieRazi" have the most narrations. MuhaqeqBrujerdi and AyatullahShubeyri has accepted the latter possibility and Sahib Wasail, FazelEstarAbadi, MuhaqeqeKazemi and some others have strengthened the first possibility. It seems that the first possibility (Saffar) is so weak and there is no certainty about TaieRazi. Anyhow, even if we cannot determine Muhammad Ibn al-Hassan, his narrations due to being narrated by majority of narrators would be correctable.Keywords: Muhammad Ibn al-Hassan, distinguishing the commonalities, authentication, Saffar, TaieRazi
From jurisprudential-legal point of view, a benefactor (Muhsin) is not only confined to the doer of an optional good deed, rather the doer of an unforbidden action is also included in the definition. To prove the license of occupation in other affairs, it is not possible only to refer to the principle of beneficence, rather the permissibility of beneficence should be first proved through another reason so that the action can be included in the principle of beneficence. To distinguish whether a benefactor (Muhsin) has got only the intention of a good action or does he practice the action, and also the scope of his authorities in any specific case, we should refer to a valid reason. Therefore, it is not correct merely to refer it to the principle of beneficence.Keywords: beneficence, permission, benefactor, taking control of others' property, article 306 of civil law
The necessity of respecting the dignity and honor of people can be derived from jurisprudential argumentations, and in this regard, there is no difference between an accused person or ordinary one, a pious man or an ordinary Muslim, a Muslim and a non-Muslim who pays tribute to Muslim. After presenting and examining the jurisprudential argumentations regarding this issue, the current article would refer to the cases in which there is contradiction between the interests of individual and society.Keywords: honor, accused, affront, faithful man(Mu`min), Muslim, contradiction of interests