پژوهش نامه فقه اجتماعی
پیاپی 2 (بهار و تابستان 1392)

During the production process, various human and inhuman factors are involved, and without them, we can never see the formation and then, the profitability of the efforts made in this direction. But there is a significant issue here, the amount of operating profit allocation to each of these factors. In the works of the Jurisprudents of the Shi'i religion as well as economists, there are different or contradictory views on the participation or non-participation of the means of production in the profit of the product. Each of those votes is documented in an ad notable way. Some consider the share of production tools only in rentals. In addition, some people believe that this tool is also part of the product's profit. This article examines the views of some schools such as Communism and Marxism, we seek to answer this question by relying on the opinions of the jurists, especially the martyr Sadr. In the end, after reviewing and criticizing our views, we have come to the conclusion that for the means of production, the share of the profit of the product in addition to the rent can be considered.

The endowment (Waqf) is a well-established tradition that has been rooted in all civilizations, religions and civilized nations of the world. Among these civilizations, two great civilizations of Iran and Egypt can be mentioned in this regard. What has been attempted to respond in this research is the Functions of the Endowment in the System of Iran and Egypt, with Emphasis on Islamic Jurisprudence. Based on this, we first defined the endowment (waqf) in two legal systems of Iran and Egypt, and given that these two countries are both Islamic countries, we reviewed the wagf institution in Islamic jurisprudence. Then we examined the functions of this institution in the two systems of Iran and Egypt in terms of economic and social dimensions and we compare the two systems together. In order to improve these functions, it is necessary to modify its legal function in order to obtain the maximum benefit and use from this institution. Which of these effective functions is a condition for the endowment that is not accepted in the jurisprudence of Iran. And if this condition is placed in a dedication contract, it will be considered void. This is the case if this institution has been accepted in Egypt.

The fight against smuggling has a variety of dimensions. This issue, although more economically, has been studied, but cultural issues are also closely related and counterproductive to smuggling phenomena. In this way, the cultural struggle can eradicate some of the roots of the phenomenon of smuggling. The media, which is the most important cultural tool of the new world, must be organized and play its role effectively by using religious teachings and at the top of their jurisprudential doctrines. The principles that media should pay attention to include; Explaining the principle of monotheism and Piety, Explaining the principle of distributive justice, An enlightening explanation of socio-economic justice, lack of Desirability of profusion and Luxury-oriented, Prohibition of unauthorized advertising of goods, especially foreign goods, necessity for information and training in the field of smuggling and etc.

The endowment (Waqf) is a well-established tradition that has been rooted in all civilizations, religions and civilized nations of the world. Among these civilizations, two great civilizations of Iran and Egypt can be mentioned in this regard. What has been attempted to respond in this research is the Functions of the Endowment in the System of Iran and Egypt, with Emphasis on Islamic Jurisprudence. Based on this, we first defined the endowment (waqf) in two legal systems of Iran and Egypt, and given that these two countries are both Islamic countries, we reviewed the wagf institution in Islamic jurisprudence. Then we examined the functions of this institution in the two systems of Iran and Egypt in terms of economic and social dimensions and we compare the two systems together. In order to improve these functions, it is necessary to modify its legal function in order to obtain the maximum benefit and use from this institution. Which of these effective functions is a condition for the endowment that is not accepted in the jurisprudence of Iran. And if this condition is placed in a dedication contract, it will be considered void. This is the case if this institution has been accepted in Egypt.

The essence of this current research is to emphasize the ethical axes of Islamic economic thought. The necessity of paying attention to the economic thought of Islam is so important that today the field of macro - economic activity has faced challenges and crises that the economic ideas of Islam provide a useful solution to those issues mentioned in the present study and the proposed strategies of Islam have been emphasized. The question arises: what are the principles of economic morality in Islamic thought? What are ethical elements in Islamic marketing? What are the challenges in the conventional economy and the way out of them in Islamic thought? The aim of this research is to specify and explain these issues. The current research method is based on comparative study of Islamic thought and modern economics that these two discourses are compatible with each other and Islamic thought with what capacities and approaches respond to the challenges of modern economy; and the novelty of this research is answering the challenges of modern economy based on Islamic thought. Finally, it should be noted that in this research we have tried to emphasize on ayatollah Mahdavi Kani ideas and ideas in the field of Islamic economics in order to emphasize on the ideas and ideas in the field of Islamic economics.

Common jurisprudence is a methodological knowledge in order to infer religious terms of ruling. The nature of this method is based on dissolution and decomposition logic. On the other hand, government jurisprudence that derives from a social need, believes in the evolution of the method of discovery of a ruling, the recognition of subjects and the conformity of sentences to matters based on compilation logic. The result of these two looks is methodological differences between individual and government jurisprudence. The authors in the present study, with a quadratic and methodological study, seek to analyze and express triple Difference between individual and governmental jurisprudence.