نشریه مصباح الفقاهه
سال سوم شماره 5 (بهار و تابستان 1400)

Ambiguity in the proper explanation of some of the most widely used statements of Usul Fiqh (the principles of jurisprudence) always causes complexity in their understanding and application. A survey in the thoughts of the Usul Fiqh's experts shows that sometimes their proposed solutions do not have sufficient stability and explanation to achieve the goal. There are some evidence such as successive hadiths, consensus, manners and fame which are proposed based on their collective nature and relative involvement to make an reasoning authority, but they have an obscure process. Martyr Sadr has given a new direction to these reasons by naming them as means of inner proving for religious reason. In order to prove foretold examples, he has practiced the function of induction in logic and probability theory in mathematics, and with proposing a new division for certainty, finally considers these reasons as subjective certainty. This explanation, which has an innovative method without referring to the basic and obvious propositions in its proving course, has provided this capacity to propose and use these kind of Usul Fiqh statements in the other scientific matters as well.

Extracting the main purpose of the Shari'a is the most basic activity of a jurist. This process needs to acceptable sources and methods which must have the authority as their prominent features. "Concentrated Presumption" as a result of the preferred presumption and a matter of argument, will be obtained due to the multiplicity of presumptions which are derived from the Fatwas of various jurists on an issue. This kind of presumption is among the presumption which have been derived out from the unaccepted presumption based on its related Qurainc verses that has not benefited from inherent authority. on the one hand, because of the loss of inherent authority and due to its applicability in the field of jurisprudence and the principles of jurisprudence on the other hand, it is essential to have such studies around the authority of Concentrate Presumption. The present study with a descriptive-analytical approach, beside analyzing the semantic and conceptual meaning of "Concentrate Presumption", examines the validity of such presumption, as well as its degree of validation for jurisprudential issues; the principles, conditions, and its degree of authority in addition to this term's scope of presence and characteristics.

The formation of any family which the woman is its main pillar begins with marriage, so it is vital to consider the optimal time of marriage for girls to build a stable family. Neglecting the proper quality age for marriage might cause irreparable damage to individuals and society. The purpose of this study is to regulate the qualitative age of marriage from the perspective of religious sociology in regarding to hadiths and identifying the characteristics which have been mentioned by religion mentions for girls' desirable matrimony. By relying on induction which has been formed based on religious sources, at the final point of this article, some criteria that clarify the Islamic approved qualitative age for girls' marriage have been extracted. Regarding the results, marriage at an early age and before puberty is not desirable at all, and the matrimony has been postponed to young age. On the other hand, youth is a floating age which begins from puberty and continues through the end of thirty. Therefore, the criteria of growth and its appearance in youth age has been inducted as the appropriate and approved age of marriage for girls. To study this paper question a library method with a descriptive-analytical approach has been used.

Discharge is a unilateral action which leads to the abolition of a religious liability (for debts), in other words, as soon as the discharge occurs, the debtor's debt will be released and the creditor's claim will be vanished. However, in some cases, the creditor predicts the right of reversion for a certain time by two ways: sometimes the reversion is expressed in absolute form and sometimes it is expressed in condition of something which will happened in future. There are some difficulties about this type of discharge that avert it from approvement; The lack of options' exercise in the agreements and also its opposition to the vital rule of "Al-Saqqit La-Yaoud" (which have been canceled will not return) are two objections among these difficulties. In this study, which has been done by an analytical-inductive method, it has been explained that conditional discharge in its pre-mentioned condition, with the acceptance of debtor has its effect so the creditor could refuse discharge or the lack of condition might cause creditor's right recurring and even debtor commitment to pay debt. But as long as the debtor would not accept this condition, discharge will not be the source of effects.

The "La Haraj" rule is one of the most important rules concerning the civil liability of the government, which in some cases conflicts with the "La Zarar" (no damage) rule. In such cases we must try to find a reason to prefer one over another, otherwise the two reasons conflict and disapprove and another reason must be sought. It seems easier to practice this rule than citing the rule of "La Zarar" to deny civil liability regarding that the concept of hardship is more general in many cases and there is no need to hardship outer happening in terms of hardship conditions occurring; If the government takes action to eject hardship from the majority of individuals which may cause hardship to a minority, it is obligatory to do so due to the public hardship's ejection takes precedence over individuals hardship. But in relation to situational effects, if individuals hardship occurs, the government must amends it wherefore any damage must be compensated. If individuals hardship occurs but not lead to any damage, there no liability for the government to eject it.

The increase of stock exchange transactions in the structure of Iran's capital markets and its big profits in comparison to other trading markets, has encouraged unaware people to invest their assets in these markets. Due to lack of experience and sufficient time and the high risk of assets' loss, it is essential to avoid direct transactions for the uninformed people. On the other hand, the passion of these people to take advantage of the profits from buying and selling stocks in the stock and security market has resulted in their concentration to intermediary transactions or portfolio management. Based on this , the jurisprudential analysis of the portfolio management institution and the study of its compliance with definite and indefinite contract are vital. Regarding the basic conditions of commodatum contract and excluding some conditions such as returning the same amount or loan and the unconditioned remuneration beside reviewing jurisprudential sources, has made it possible for the commodatum contract to be adapted to the portfolio management institution. Obviously, the legality of a commodatum contract, assuming the will of the two parties to consider the necessity of contraction, is one of the difficulties of this compliance, which could be solved by this suggestion: bonding an irrevocable contract to commodatum contract. In this article, the possibility of the portfolio management institution adapting and its agreement and adaption with commodatum contract as a characterized contract has been examined.