نشریه فقه و اجتهاد
پیاپی 2 (پاییز و زمستان 1393)

The rules regarding invalid or void contracts are very important in Jurisprudence; because these rules are applicable to all contracts, especially new contracts. Therefore this paper reviews one of the most important rules of invalid contracts, which is the liability of the recipient who receives the property, to conclude whether the recipient in invalid contracts, is liable in case of loss of property, or not.
It seems that the recipient in an invalid contract is definitely liable, and must compensate the loss with equivalent or price of the lost property. All the three reasons brought forward, i.e. “Ala al-Yad”1 Tradition, “Stolen Slave” Tradition and “Ma Yudman”2 Rule, can support liability.
In order to find answers, this paper firstly considers two important viewpoints regarding invalid contracts: them being “Muatat”3 or not; then it explores the liability of the recipient in invalid contracts. Subsequently the reasons stated in words of scholars proving or disproving liability are reviewed and criticisms along with author’s own views are explained.

Escaping the opposition to Sharia rules has always been a matter of attention for religion followers. This issue was also raised in pre-Islamic religions; in holy Quran and Islamic traditions there are reports of legitimate and illegitimate ways to escape the opposition to common rules of other religions. In Islamic Jurisprudence texts, these issues have been discussed as “Fiqh al-Hiyal” or “Legal Tricks”. Some of this tricks have been verified by Infallible Imams in narrations and considered as best ways to escape from Haram to Halal and from wrong to right. Using the absoluteness of these narrations, it is possible to say that the applied rule in this issue is the permissibility of legal tricks. But since God’s rule cannot be changed, in cases where a specific reason permitting a trick is missing, change of the subject can change the rule while escaping Haram and landing at Halal. Since the subject is the cause and reason behind a rule, therefore changing the subject can change the Sharia rule.

The purity or impurity of Followers of the Book is one the issues that has always been discussed in the past and especially in recent decades by great scholars. Various Fataawas in this regard affect interaction with Followers of the Book, such as tourism, Muslims and interacting with them whether in Islamic countries with religious minorities or Muslim citizens of non-Islamic countries who follow the Book and non-meat foods. This paper has tried to review the documents backing the matter such as Quranic verses, narrations and unanimous views of early scholars to prove the purity of Followers of the Book eventually. A remarkable point in this paper is the expression of several categories of narrations on the purity of Followers of the Book, which have been argued rarely or not at all.

Iran’s accession to the United Nations Convention against Corruption (UNCAC), due to the spread of the perpetrators from public to private sector, and criminalizing obtain of benefits from bribery, is one of the issues which would affect and change national law, now facing legal shortages. For this change, in addition to necessities, it is required to pay attention to the actual message of the traditions and to reread them to find new jurisprudential opinions. Current jurisprudence does not regard social matters and only considers bribery -in some opinions- as a payment for judgement, and the payed bribe to belong to the briber, these are the issues which could challenge the influence of requirements of accession to the said Convention of domestic law.
This paper, discussing the convention, national law and current jurisprudence, explores these challenges and comes to the conclusion that rereading the documentations of some jurisprudential opinions, could lead to changes in national law according the convention, while adhering to jurisprudence.

The proper use of text messages is the issue this paper focuses on, with a jurisprudential perspective. Because in the discussion of the use of communication tools, prosperity and perfection can only be achieved through the proper use of these tools, verified by religious and legal views. Otherwise, the improper or illegal use of these tools would cause disasters and even invade people’s privacy, which is among first human rights and needs.
Therefore, present paper mentions the advantages and features of text communication service, while discussing its functions and warning about the consequences of improper use of this tool. Then it talks about all kinds of text messages, in terms of content and mentions spam text messages while discussing individuals’ privacy. Then the paper explains the jurisprudential and legal regulations regarding intrusive and privacy-invading text messages and ultimately offers solutions for the proper use of SMS.

One of the important and practical issues in Jurisprudence of Worship (Fiqh al-Ibadat) is the issue of the conditionality of purity and preventiveness impurity. Three approaches among Shia jurisprudents have been commonplace since the beginning, which are the following: Conditionality of purity from filth (Khubth) , preventive state of inexcusable impurity, and preventive state of known impurity. Those who believe in the first approach have three Ijtihadi reasons which are: Quranic verses, narrations of the Infallible Imams, and the consensus of the jurisprudents; but their Quranic and narrative reasons have argumentative issues, and the alleged consensus, if proved has oppositions. Believers in the second approach have also argued using the consensus of the jurisprudents and the narrations of the Infallibles Imams, but the consensus is connected to a documented narration (Ijma’ Madraki), and such consensus does not have the value of an iسndependent reason in the eyes of Shia Jurisprudents. The narrations of the Ahl al-Bayt however, only prove the preventive state of known impurity. Because the set of narrations existing on the issue which are: justifiable narrations, conditional narrations and the exceptional narrations, are only in line with the preventive state of known impurity, and do not imply the conditionality of purity from filth, and these narrations are so abundant that it is sufficient for the jurisprudent to assure the third approach.