نشریه فقه اهل بیت
پیاپی 89 (بهار 1396)

It is one of the definite issues in fiqh and accepted by intellect and Muslims’ common sense that an endowed property cannot be sold or given as a gift. In addition to this intellectual reason, there are some textual reasons such as “endowed properties should be managed according to what the endower has intended” and that transaction of endowed property violates the rights of whom the property has been endowed for, all of which denotes that transaction of endowed properties is not permissible. However, there are exceptions to this general rule such as where the endowed property is destroyed or there is a severe dispute among the beneficiaries or the endower has mentioned that the property must be sold if a specific event occurs under which the transaction of endowed property would be permissible. In all these cases, there are different possibilities which have been addressed in this article in detail.

This article analyzes the nature of money today, criterion of valuefor goods,characteristics of media of exchange. Enumeratingseven characteristics for media of exchange, this article clarifiestheir role in the creation of current money,attributes the samecharacteristics to money similar to other media of exchange.Similar to other media of exchange, money is an interchangeablegood,equivalent of money is anything that equals the nominalvalue of money. Finally, this article concludes that if the value ofall interchangeable goods increase or decrease, the equivalentshould be paid under any condition.

Capital punishment has undergone many changes throughout history from different aspects in line with other issues in criminal law and good efforts have been made to reduce it in international levels. However, lawmakers in Iran have not made an important effort to reduce it. Lawmakers in Iran are required to make laws according to Shiite fiqh, therefore, high rate of capital punishment in Iran is usually attributed to fiqh which is not a correct understanding. Punishments leading to the loss of life which have been decreed by shari’a have such a strong position that the Iranian constitution as well as Iranian culture and religion do not accept their removal. However, the number of these shar’i punishment are very low. On the contrary, the number of capital punishment in positive law is high, many of which are seriously challenged due to lack of shar’i foundations and opposition to the purpose of shar’ especially hanging for ta’ziripunishment. The author believes that execution as a ta’ziri punishment does not have a strong position in fiqh and many of these cases require revision.

One of the important discussions about dissimulation is whether the action performed out of dissimulation is sufficient or the dutybound person is still bound and must repeat the action (during its time or after its time is finished). Initial rule is that because the components or conditions of a duty have not been completely observed or there has been a barrier in performing the action, the action performed out of dissimulation is insufficient. Contrary to this rule, there are some narrations whose literal meaning is that the actions performed out of dissimulation is sufficient for reasons such as the permission that the duty-bound person is granted to perform such an action or because actions out of dissimulation is permissible or because such action can still be called prayer. In this research, narrations whose literal meaning denote the permissibility of actions out of dissimulation have been investigated and finally their denotation has been accepted.

Having investigated the practical ruling of surrogacy, it becomes clear that none of the proposed arguments for the prohibition of surrogacy are complete and since this issue is an instance of whether it is prohibited or not, the rule of bira’at is applied and it is ruled that surrogacy is permissible and from wad’i perspective, the owner of the sperm is considered the father of the child. Although there is no doubt about the motherhood of the owner of ovum and the owner of uterus, there are some considerations about the relationship whether it is considered blood relation or foster relation.

Employment plays an important role in peace of mind and sense of security. Losing one’s job and unemployment accounts for unfulfilled basic needs which are necessary for survival. One of the most important instances of security which has been considered by jurists is job security. One of the most important and primary issues and problems of workers is market insecurity, losing job opportunities and expelling workers which lead to job insecurity. In organizations and work plants, removal of positions and expelling workers and employees is inevitable and due to an increase in employment demands and lack of job opportunities, job security has reached the lowest rate. This article refers to job security and expelling workers as one of the most important elements and concerns of workers and employees and investigates expelling workers, its justified or unjustified reasons from fiqhi and legal perspective. However, in fiqh and law, in some cases, expelling of workers by the employer is considered permissible.