نشریه مطالعات تطبیقی فقه و اصول مذاهب
سال سوم شماره 2 (پاییز و زمستان 1399)

According to the principle of the necessity of the contracts, the possibility of termination is an exceptional and unconventional one. Article 456 of the Civil Code of option has been considered as one of the cases of the dissolution of the necessary contracts and has not been included in the law of the law. Therefore, the issue of the flow and absence of option in the authorized contract is not much investigated. The reason is that the well-known jurisprudents have rejected the option flow in an acceptable contract, which is contrary to the rules governing the contract. This group of jurisprudents has stated that: according to the rules governing the contract, the flow of option in this contract is contrary to the principle, since the permit for termination is permissible in the nature of the contract and does not require cucumber. But the promise against the jurisprudents is that the cucumbers in this contract are regarded as the proper contracts.The purpose of this article is to investigate the effects of bayatars in the works and their works, which can be analyzed by analytical-descriptive methods and by investigating jurisprudential sources and the views of jurists in the existing sources, which ultimately concludes that the use of bouquets In an acceptable contract, not only does not have a legal ban, but it can also have legal and legal effects, and this is the most important goal of the research.

Credulous one of the important discussion considered in the certain that from long time credit credulous in between osulian had been difference. Famous osulian bliefto to the credit credulous, but somes osulian as kashef algheta does not accept famous opinion and denied credit credulous and some osulian as saheb fosol selected middle opinion In the present article attempts to expression of concepts as credulous, credit… to descriptive- analytical- critical study to expression opinions an principle of osulian to present correct opinions Analysisin in comments and argument of osulians are achieve that must be separated between discovery certainty and thematic certainty with explanation that if meaning of kashef algheta from lack of credit be thematic certainty is accept idea kashef algheta otherwise not accepted. certainty and thematic certainty with explanation that if meaning of kashef algheta from lack of credit be thematic certainty is accept idea kashef algheta otherwise not accepted.

An important and challenging issue from the beginning of the history of Ijtihad is the role of mind in the inference of religious judgments. Some scholars in the Sunni have been able to find a useful role for it, far from excessive and worthless among the advocates and opponents, the maximal and minimal role of mind in the process of inference and Use mind as a useful tool without putting up an independent part for it in their books and discussions. Different roles of mind cannot be denied in the inference and understanding of religious purposes and religious comparison, although it has never been given free decision-making. This research is conducted analytically using library resources to review the role of reason in ijtihad based on the principles of Sunni jurisprudence and the result is that the greatest role of mind is in identifying the main being and understanding the general goals of the religion and comparative works and the implementation of religious laws within the community.

Anas with the Holy Quran is full of the care of God Almighty for "Dhi Al-Qarbi and Ahl al-Bayt (peace be upon them)". According to the authentic and agreed upon hadiths about the Ahl al-Bayt (AS) by the Holy Prophet (PBUH), both in the form of holy hadiths and the prophetic hadiths mentioned in the text of the article, all indicate the need for love for the Ahl al-Bayt by all Muslims. The purpose of this research is to process the love for the Ahl al-Bayt (AS) from the perspective of the Qur'an and the Sunnah of the Holy Prophet (PBUH) by explaining the verse of Maudut. According to the findings of this article, according to several narrations that have been introduced through the first-hand texts of Shiites and Sunnis, the examples in question of the verse of Mawdat are the same (pure Imams (as)). Therefore, love for the pure Imams and love for those rulers is a religious necessity and a public duty for all Muslims. The method used is library study and the use of Quranic verses and original religious texts in a descriptive-analytical and qualitative manner.

Due to their inability to manage their property, insane minors are protected in some ways. They are prohibited from seizing their property and financial rights. . The ruler of Sharia is the guardian and the sharia can also appoint a person as a guardian for this work. In some cases, for reasons such as minor insanity, a person can not manage his or her affairs properly; Therefore, in order to protect the interests of such people and also to manage the affairs related to them, the Shari'a has set special rules and laws in order to manage the affairs of these people according to these limits and eliminate this shortcoming. In the jurisprudence of Islamic religions, special attention has been paid to minor and insane matters and in some verses of the Holy Quran and the narrations of guardianship and financial affairs of children and insane people have been explained. The purpose of this article is to identify the commonalities and differences between the five Islamic religions in the manner and manner of guardianship over minor and insane property and the conditions of his possessions.

This research was conducted by descriptive-analytical method. Is located.

In a marriage contract, one of the obligations which has to be met by wife is (sexual) condescension. Since marriage contract like any other contract has the capacity to be interspersed with some additional terms and conditions, and

because a review and comparison of Shiite and Sunni scholars' opinions is considered necessary for the sake of Islamic unity at the present time, wife's (sexual) condescension was investigated in marriage contract. Thus The present study, based on the description and analysis of the propositions of Islamic jurisprudence and the library method, has studied the present subject.

In this study which is based on a descriptive-analytical method, having investigated some Shiite and Sunni scholars' critical arguments and views on the validity and accuracy of inserting some terms and conditions for not condescending on the side of wife in marriage contract, the researches came to the conclusion that in the Shiite jurisprudence, sexual condescension is not considered as an essential component in the marriage contract, but rather as a minor and superficial outcome of thecontract. The husband at his own discretion, because of lawfulness of having sexual relations with his wife, has limited his right to some degree; therefore, the view of inserting a limited number of conditions has already been accepted in the contract. All Sunni scholars are of the opinion that sexual condescension is the essential part of the contract, and any conditions against this principle would be invalid due to such opposite position against this fairly evident factor in marriage.

Economic security is one of the most important and necessary parts of security in the purposes of Sharia because it has a direct impact on the overall structure of security and provides welfare and financial establishment of human and country, is affected by external economic crises in all areas.Many studies have been done on the importance of economic security and its threatening phenomena, but its dimensions and meaning have not been considered from the perspective of the purposes of Sharia due to its non-emergence during the heyday of Islamic jurisprudence, However, what is the status and nature of economic security from the point of view of the purposes of Sharia? And how can it be used in the direction of situational rulings and jurisprudential interpretations?

In this article, which has been prepared by descriptive and analytical method, an attempt has been made to explain this issue to the angles and aspects according to the Shari'a ruling and the situation and conditions of individuals and society.

The resources and criteria created for the realization of economic security must be such that each individual in the economic system achieves his economic needs and justice is formed in the distribution and achievement of the rights of each individual. The evolution of economic security with the business situation of the people must move in a balanced way and the government, by careful and research, to distinguish between things that are essential, necessary and desirable in disrupting economic security. Keyword: purposes. Sharia. Economy. Economic Security.

1184 / 5000 Translation results For principled analogy, different divisions have been presented by fundamentalists according to different credentials, but without a doubt, the most important credit according to which principled analogy has been considered has been based on the "comprehensive" strength of analogy, which according to its intensity and weakness is divided into two types. And "pseudo" is divided; The reason, which is the strongest comprehensive form of principles, is the same as the principal reason of the principle (principle against) that all those who believe in the authority of analogy have had a majority on the authority of analogy based on the cause of analogy, but on the contrary on the analogy based on "doubt" Many opinions have reached the level of absolute agreement and disagreement; From the point of view of the fundamentalists, "pseudo" is a description such as the objections in the heart of the subject of the Shari'a ruling, which has the potential to be the basis of principled analogy; Regardless of the true nature of the pseudo-description, what is very noteworthy are the many differences that have arisen over the inference of the pseudo-description; This disagreement has been so severe that it has turned the quasi into such a confusing concept that it has become almost impossible to provide a single definition that can be comprehensive of all existing views on the subject. In view of this issue and also the important position that analogy plays in the development of Shari'a rulings, it will be necessary to pay close attention to the concept of pseudo-Sunni principles so that its principled function can be accurately identified and clarified.