نشریه مصباح الفقاهه
سال دوم شماره 4 (پاییز و زمستان 1399)

Objective examples of two conflicting verdicts are abundant in many subjects, and the examination of criteria to find the superior preferences reveals that it has not been accurately analyzed. With a brief look at the issues of the principles of jurisprudence, it appears that some issues such as: conflict and preference have been discussed in a scattered manner. The axial issue in this article is the position of the most important subjects of Usul Fiqh to find the preference and importance based on Islamic sects and their Usul Fiqh studies . The author's idea is to re-examine the content of the theories, not just to find common titles. Because of the lack of similarity between the title of Tazahum (emulation in acting) in relation to the two schools of Imamiyyah and Sunni and their Usul Fiqh, it is necessary to study principled-jurisprudential content of the materials that are likely related to this article's title . With this approach, the criteria do not result in scientific conclusions merely, but help to explain the practical aspect of these titles, and also because of these evaluations, the verbal and semantic commonalities have been explained based on main Islamic sects ideas in the subject of Usul Fiqh. Therefore, in this article, the researcher has chosen a descriptive-analytical method. Research findings show that In the "Principles of Jurisprudence", based on the ideas of Islamic sects, such rules like "avoiding the corruption is more important than gaining the benefits ", the similarity between the verdict and the subject, and the purposes of religion have a special role in the discovery of importance and preferences. There are also two important origins in the discussion of Tazahum (emulation in acting) in the Ahl al-Sunnah principles, namely: The jurisprudence of the preferences and the jurisprudence of the balanced matter were studied. Although there are more differences in terms of titles, but in terms of content and concepts, there are many similarities.

There are special rules in Islamic jurisprudence for natural resources such as grazing lands, pastures, and forests. To study about ownership of these God-given riches is one of the important jurisprudential issues about forests and pastures, based on Imamiyyah and Hanafi jurisprudence. The main purposes of this article are consolidation and explanation of the principles and ideas of Imamiyyah and Hanafi jurists about foresaid subject. As a result, the reader becomes familiar with the views and opinions of jurists of both religions and their similar and different attitudes through a comparative study. To achieve this goal, the ownership of pastures and forests have been discussed in regard to to the Imamiyyah school from the era of the Holy Prophet (PBUH) and the Imams (AS), and also the era of absence. In addition to Imamiyyah school, Hafani school of thought has been studied from the era of the Holy Prophet (PBUH) until now. This research by a descriptive, analytical and comparative method shows that in Imamiyyah jurisprudence, pastures and forests are properties of Islamic ruler and governer and as a part of Anf'al, and in Hanafi jurisprudence it is considered as is public's property and who possesses them firstly will be their owner.

The lexical semantic scholars have not stated a specific age for the child who could distinguish between right and wrong or not, and only considered the time of birth to the time of puberty in general. But jurists in jurisprudential sources, consider this age in relation to child's ability to understand his own advantage and disadvantage. Based on this, the child normally form his birth to age of six or seven could not understand these points but after that age to fourteen or fifteen years old when he gains puberty, will be considered as a child who understands right and wrong. The lawyers, following the jurists, have accepted the same idea but with this difference that the age of understanding is usually between ten and twelve. However, some lawyers considered aforesaid age in a relatively manner, because of the children's power to understand and distinguish. In the present article, which is compiled by the library study method with an analytical-descriptive approach, it has been concluded that from the birth time to about age of seven, the child could not distinguish between right and wrong but from this age to puberty, which is about age of fifteen, the child could understand and distinguish between right and wrong.

To identify the strengths and weaknesses of matters based on their study in different systems has been considered as one of the advantages for such studies we present, by scholars of comparative law. Liability is one of the most widely used concepts in Islamic law and jurisprudence. Its application can be seen from worship issues to retribution and Diyat (blood money) in jurisprudence. However, there is no definition for liability in the law. In the Islamic law, the liability is a conceive subject for owning the debts, which is known as title of possessions. The main question of this research is to find the relation between these two titles in accordance to logical quadratic relation of subject and the effects of each of them. In other words, what are the similarities and differences of these institutions? In the process of research, it has been concluded that the institution of liability has characteristics and advantages such as generality in its subject, its permanent continuity even after the death of poser and its legal personality, the issues which give superiority of the liability institution over the possession institution. This research has been compiled by a library method and minor comparative study approach.

There is a dispute among the researchers about permission effect time in unauthorized contract. The most important question in this subject is whether the will of the authorized owner has played an active role to determine the effect time of permission or he has an passive will to grant this effect. If the authorized owner has an active will, based on the idea of Kashf (revealing of contract effects) , the owner can allow the contract from the time of permission, and vice versa, based on the idea of Naql (transference of rights), it is possible for the owner to allow the contract from when it has been made. But if the will of the owner is passive, the time of permission effect will be determined by the legislator and authorized owner just has the permission to reject or accept the transference. Whenever the authorized owner grants the permission, based on the idea of Kashf (revealing of contract effects), the contract is valid from the time of conclusion, and based on the idea of Naql (transference of rights), the contract will be enforced from the time of permission, and the authorized owner could not ask for a different order. In the present article, which is based on the analytical-descriptive method, it has been concluded that the authorized owner has an active role and the unauthorized contract will be effective from the time of his permission. It seems that from the time of permission, the contract will be effective If the permission would not be approved.

The matter of praying times has many jurisprudential subdivisions. One of these jurisprudential issues is the duty of prayer between the two matters of one posture of prayer with ablution which has been accomplished on time or the praying of whole prayer with sand ablution on time. This jurisprudential matter is one of the secondary subjects which must be studied in relation with the rule of "M'an Adr'ak" (who achieves). This practical rule which is one of the most widely used in the matter of prayer times, has formed based on Hadiths with these meaning: "Who achieves one posture of prayer on time, achieves and fulfills it all on time". In the present article, after stating the general concepts of the rule, including the term of rak'ah (one posture of prayer), based on the reasons and basis of this rule, the meaning of related hadiths have been discussed and the jurisprudential verdict of this matter has been mentioned.