نشریه فقه و اجتهاد
پیاپی 3 (بهار و تابستان 1394)

Regarding the guarantee for funigible and monentary(non_funigible) commodities,most fiqh scholars believe that the guarantee for funigible commodity should be of it's specimen and the guarantee for monentary commodity should be agree its price.To prove this opinion is referred to some arguments like: Ayah-al-Eteda consensus (ijm'a) "Ala-al-yad" narration, the respect rule etc. This paper, first, have explained the view point of jurisprudents on the reasoning to this verse to prove the opinion of most fiqh scholars. In countinue, will evaluate this opinion. In the end, also the selected opinion on this verse that this verse is not related to guarantee in funigible and non_funigible commodities and is about jihad;as the pervious verses have proved this claim.Assume that this verse is related to the discussion of funigible and non-funigible commodities,but it only expresses commandment of Allah and has no relation to situational law of guarantee.

The issues of this paper is to investigate the jurisprudential_legal foundations of determining indemnity to a variety of mental injuries and disorders are less than insanity that may occur for human in the various accidents and events,in this case,if mental disorders are not due to crime ,the indemnity of mentioned complications will be fixed,separately,and guarantee criterion is also customary citation of crime. from the legal perspective,also,with regard to the fixity of civil liability,criminal promises to indemnify resulted from mental disorders.

Only 12 cases from hudud are mentioned in the Islamic punishment law of 1392, and of course under the article 220 of civil law. Other hudud punishments are referred to the other legally valid sources and fatwas (legal opinion issued by a jurisprudent).
Therefore to examine the hudud involved in the article 220 CL, one should refer to the sources in Feqh (jurisprudence).
Through observing faqih's words (experts in figh), it is found out that according to the most of faqihs' viewpoints, punishments of some offences like apostasy, prophecy claim and wizardry are from hudud punishments and they are involved in the article 220 CL.
Some offences such as trading freemen, getting married to dhimmi(non-Muslims living in Islamic state) women without permission from the Muslim wife, and kissing a boy lustfully, although according to a few of Faqihs are counted as hudud punishments, in viewpoints(punishments decided by the judge of a canonical court).
Also in faqihs' word for some of the criminal designations sauch as Mustahil Moharramat (one who introduces Haram (forbidden) as legitimate), bandit, burglar, suffocater and exhumer has been determined fixed punishments (hadd) like execution and cutting of hand. But these cases are not independent and are referred to one of the hudud titles.

To day,some patients because of financial incompetence will not be able to afford the costs of treatment.Hence the life of Muslim patient may be compramised and sometimes it can cause a defect and irreparable damage.The writer tries to prove the need to preserve the life of Muslim patient on medical jobs by refinementing of the basis of rulling(tanqih_e manat) in similar cases.In the following,according to the narrations that imam is responsible for lives of the poor and insolvents in the society,he pays all the costs of the treatment of such persones.During the age of occulation,shi'it jurispredents will be responsible for Muslem's legal affairs and in case of financial incompetence by the treasury of the Muslims,all muslims are responsible for the costs mentioned.Therefor,in this paper with a descriptive,analytic _judgemental approach has been reviewed jurisprudent's comments.

The rule of casting lots is one of the famous jurisprudential rules which has a special position in Islamic jurisprudence because of its ability for answering and filling jurisprudential vacuums. The rule that there is no doubt about it's general legality. Even in some context it has been interpreted as the religion exigencies (Moqtazyat_e mazhab) (toosi,d.1422,vol.5 ,p.676) .An important question that it's answer has an impact on the application of this rule , is identifying cases is used of it and what is amount of it's efficiency because it is obvious that proving a broad domain for this rule will make it important more than before. accordingly, casting lots has been a general rule from the point of view of some persons and it can be used as a safe and fair way to solve any problem. but on the contrary ,some have cited arguments which means this rule is not a general one. just in certain cases such as resolving disagreement and financial and legal controversies or in cases where Ashab (shi'it scholars) have acted is applicable ,in this paper ,the argument of both views have been raised and the opinion of generality of casting lots has been strengthened as the correct view.

The rule of blocking the way is one of the most important rules of jurisprudence. That majority of jurisprudents have proved it, according to verses, narrations, consensus (ijma') reasoning (a'ql) and in many cases, this rule is based on the inference Islamic laws. According to this rule, each of the relations, including the legal act and contract which causes the infidels to find a way to dominate and influence Muslims or to make them superior to the Muslims is invalid.
It can be used in many political, economic, social and jurisprudential dimensioned; but in the present time that domination and influence of foreign and colonial countries in various forms have shadowed Muslims and their lands, one of the best ways to save and get out of this weak situation is to pay attention and do this rule.
The most important application of this rule in political and economic issues of Islam, considering this rule and the advice and emphasis of the supreme leader the Islamic revolution on the resistance economy and that it's correct implementation can save the country from dependence on foreigners in various field, this paper aims in descriptive and analytical way to describe one of the most effective ways to save and get out of domination and foreign countries and the lack of dependence on infidels. According to this, have been discussed on the provisions of the rule of blocking way, basics, arguments,, referent supplies and it’s results.

Since past many scholars have discussed the validity of conjectures,but there are few juris prudents who discussed the validity of conjectures in jurisprudential subjects in detail since a jurisprudent occasionally comes across a conjecture in his ijtihad toward some rules(judgements),in a way that he cannot achieve certainty about the judicial decree; hence he refers to his conjecture.
Here the validity or invalidity of conjecture in jurisprudential subjects plays its part In this regard, some jurisprudents have argued the validity of conjectures in deduced subjects in terms of nature and in pure subjects in terms of realization outside while, this study examined both in terms of nature and realization and has come to some concludion .What came from this study was that conjecture in the absolute realization of subjects whether deduced or pure is not valid,but conjecture toward nature of deduced subjects is valid. This is while the conjecture toward nature of pure subjects is not meaningful and essentially,the nature of such subjects is always definitive.