پژوهش نامه فقه اجتماعی
پیاپی 10 (بهار و تابستان 1396)

The bank as a main aspect of Society’s Economic guarantee the Demands of customer by publishing the Bank guaranty. Bank guaranty is a unilateral obligation that cussed by request of the customers that every time that customer needs to money bank pay for that. Majority of the contemporary jurisprudents are agreeing whit this guaranty but it’s definition makes difference and problem. This article wants to study about jurisprudential subject of this bank guaranty in this Deposit Guarantee, Bail, unilateral agreement, guaranty in favour of third parties, impawn in favour of third parties and Independent contracts. Finally, we accept the “Independent contracts” method as a good one and but we prefer the “guaranty in favour of third parties” as a better one for justifying that bank guarantees are recent demands and we will answer to Criticisms that are related to this method. Our method in this article is analytical-descriptive and as our source we use from books, articles, websites and some database.

Farming is a direct resource for society’s economically development and nutrients and farmers have the main role in this process. They always face whit challenges in the cultivation process specially whit money. So they start to forward sale’s but their bargain has some problems for example the quality and quantity of the fruits is unclear so Islam makes some choices in this bargain for farmers and sellers. In this article we study the status of legal choices in forward selling and conclude that the fruits can be sold in forward selling and the choices can be used in special cases and some of that choices like delaying in paying is not acceptable. We use Analytical – Descriptive method and gather knowledge in desk research way.

Today in economy we introduce money as a debt and according to it’s debtor we know 3 kinds of money: First kind of money are coins and bills that central bank is debtor and it should pay to public. Second kind of money are central bank’s hoards that central bank is debtor and it should pay to commercial banks. Third type of money is Bank deposits that commercial banks are debtor and should pay to depositor and we discuss the third one here.For explaining how to create money (or Bank deposits that comes from commercial banks) we have two explanations: First group explains that bank collect capitals because customers don’t take back them together, bank pays to customers more than its credit. This process for bank is only an economy process but paying back this credit for customers is so hard because of tax. Second group believes that bank for bank paying neither needs to collecting capitals but also starts to bank paying without special capitals.we study this explanation in this article through two suppositions: constructive taking and pelf and we conclude that it (creating credit) is constructive taking and in jurisprudential aspect we call it HARAM. For decreeing we should think on it in a hole seen.

Weighted and scale are a couple of clear concept in Imamieh jurisprudence but it has changed in different era and place in examples; so Imamieh jurisprudents are divide in criterion. Most of them believe that the criterion of weighted and scales are equal to the holy prophet era. This article by Analytical – Descriptive method and whit desk research type of studying analysed these viewpoints and Checked out the validity of that and Concluded that these viewpoints all aren’t able to prove the imamieh jurisprudent viewpoint. It shows that because the main reason for weighted and scales is a Verity Proposition or god accepted roles that god accepting means that in every era and every places weighted and scale are available and it may become new and different in every era so in each case that criterion founded taking usuries happened.

This article wants to make clear the Viewpoints of theorists in governmental jurisprudence and evaluate them. It also categorizes the conclusions of governmental jurisprudence in 3 subject-oriented jurisprudence, System-oriented jurisprudence, Guardian jurisprudence.Governmental jurisprudence wants to answer the new issues caused by the government. Subject-oriented jurisprudence was the method of the old jurisprudents and until now has been the common method of religious schools. It wants to introduce God's statement to religiously duty-bound in format of jurisprudential ruling. System-driven jurisprudence wants to derive the rules of social system from the religious source that is different from individual jurisprudence. It wants by using a Collective logic to make a new society that solves the problems interacting with each other. Foundations, system, goals and school are the Effective Factors in methodology of this kind of jurisprudence. Guardian jurisprudence is responsible for human's Authority Growing in three aspects i.e. individual, social and historical ones. It also introduces the jurisprudence as a Supervisor of social dignity. So the method of governmental jurisprudence cussed by developing in three categories of foundations i.e. those of theology, Philosophy of jurisprudence and Principles of Philosophy.Consequently, by attending to the basic indices of the principal definition the governmental jurisprudence -the Necessity, object of the religious ruling, one under obligation of the religious ruling, religious duty, the range of the obligated, result and method of deduction of religious ruling- are different in each of the methods.

Leasing facilitates the sales of goods for producers and Speeds up the Allocating financial resources of investors and owners of resources (like banks or credit institutions) in the money and capital market. Leasing increase the purchasing power of consumers.by leasing (because of creating real and guaranteed demands) producer can plan and make good decisions for their financial resources so finally they can reduce the prices. In Iran, leasing is as hire-purchase it means that you sign a contract whit the producer that you will pay the price in instalment way in a period of time whereas that produced will be given to you and you can use it during the contract time. At the end of the time if you paid all the price and you where loyal toward the contract you own that produced but you should pay some money because of some role that you accept it in the contract( for depreciation and shelf life of that produced) as the sale price or remained of price or value of writeoffs. There is no consensus between jurists in the nature of leasing. Someone’s considered it as renting with this condition that the ownership of rented goods transfer to the tenant. Others considered it as a sale contract because of the seller and customer goal. Major of leasing contracts lead to combination of sales and renting contracts. Unreality and Instrumental usage of it in banking system make it away from its main goals and chief duty. In this article we study some ways of using leasing in legal aspect and our goal is to show leasing as a useful way for economically development. We assume that we don’t use leasing because of some problems.