نشریه قرآن، فقه و حقوق اسلامی
پیاپی 14 (بهار و تابستان 1400)

Khums is one of undoubted rules of Islam, which can be deduced from the verse "Know that whatever property you may gain, one fifth belongs to God and the Messenger ..." (Anfal: 41) and because according to some jurisprudential views it is considered as the financial resources of the Islamic government, it is also important in terms of public finance law. In Imamiyyah jurisprudence, khums includes all incomes, but in Sunni jurisprudence, there is no such generality. The majority of Sunni scholars have accepted that the word "ghanimtum" has a wide meaning, but have limited this inclusion with arguments such as consensus (ijma'). However, some Imamiyyah jurists at first have limited this word to war booty and then extended its ruling to other incomes based on Islamic narrations! Such a contradictory approach to the interpretation of this verse raises the question of how the Imamiyyah jurisprudential views on the verse were formed and what caused the lexical error for this group of Imamiyyah jurists. This article examines this hypothesis that the most important reason of this disagreement is mistake between the meaning of the Fa'il form (ghanim) and the Fa'ila form (ghanimat). This research is an interdisciplinary study with jurisprudential, interpretive and syntactic methods.

There is an agreement among jurists on the prohibition of receiving profit in the Contract of Loan at first place or after its maturity. However, there is no disagreement on receiving profits for debts that have other causes other than loan. This paper reviews the domain of the prohibition of usury in connection with all sorts of debts and finally concludes that the absoluteness of the lexical words of Quran does not prove that usury includes all sorts of debts. Likewise, the nature of the usury in the Ages of Ignorance has not been explained in the Shiite sources and thus it makes some problems in knowing the nature of usury in that age. Finally thought some verses of Quran does not include all sorts of debts, the absoluteness of some others comprises all sorts of debts. . . . . . . . . . . . . . .

Forced transfer of ownership of a corpse to an heir is considered a private right of individuals and the involvement of the governing body in it is legally ambiguous. In the manner of acquiring inheritance, the civil law states that it is innate, and some have contented themselves with rationality and the requirements of social life without rooting out the problem. By explaining the quality of inheritance from the perspective of the verses of the Holy Quran, this discussion seeks to express the origin and legal validity of property in inheritance in the Islamic legal system; In the light of which, one can interpret the legislative laws and the philosophy of rulings and explain the interference of the sharia and the governing institution in it.From the point of view of the Holy Qur'an, this private right is rooted in public law, and its legal validity, contrary to the well-known natural theory, is to prove its falsity to the forgery of the Shari'a, although this forgery is also compatible with nature; Which was explained by explaining the Qur'anic evidences in the four documents of substitution, imagination, forgery and divine determination; As a result, with the development of Qur'anic arguments showing the institution of possession in inheritance, a proper explanation of its legal status in the Islamic legal system can be led.

Hoarding is as a Qur'anic attitude Will be evaluated in the Area of Knowledge of interpretation, but in addition it needs to be studied as an illegal behavior with a jurisprudential approach. The analysis of the semantic connection between Hoarding and other economic teachings of the Qur'an has an effective role in recognizing the nature of Hoarding and the formation of its semantic system in the realm of jurisprudential issues.The present study, while critically examining different perspectives, with an analytical look at verses and hadiths, concludes that Hoarding has a semantic relationship with the teachings of " charity payment for the sake of God", "alimony", "extravagance", "zakat" and "khums". When alimony and spending for oneself and one's family exceed the legal limit, extravagance is realized, and by storing property in excess of one's legitimate alimony for one year, the forbidden Hoarding is realized, and in order to avoid it, this property should To be spent with the intention of closeness to God in charitably's consumptions and obedience to God and this obligatory charity is not in conflict with zakat and khums.Keywords: Hoarding, charity payment For the Sake of God, alimony, Extravagance, Economic Teachings

The punishment of imprisonment, which today is recognized as ineffective in the correction and rehabilitation of criminals, has been limited in Islamic criminal law from the very beginning and in special cases. Imprisonment in Islam means restricting the offender from free movement and movement, and in Islamic jurisprudence, various methods have been prescribed for this purpose. One of the methods that is recommended today and is considered as an alternative to imprisonment is house arrest. In this way, the offender is allowed, in addition to enduring his sentence, to have the opportunity for economic, educational and social activities outside the prison. The Holy Qur'an also speaks of imprisonment at home, but there is disagreement as to whether or not to abrogate it. Even if it has been abrogated, this abrogation refers to a specific crime, and therefore it is possible to use the narrations that indicate the legitimacy of such an action, especially according to Islamic jurisprudence, considering the situation of this institution in the beginning of Islam and its application in different cases. The legitimacy of such a punishment, as well as the disadvantages of its harm and corruption compared to imprisonment, can be proven. The only obstacle that can be seen in the way it is implemented is the way provided by today's laws, which in some cases may conflict with the privacy of individuals. The present article explores this issue with an analytical-descriptive method in order to examine house arrest from the perspective of Quran, hadiths and Islamic jurisprudence.

The vast majority of jurists have defined primary jihad as fighting against non-People of the Book in order to invite them to Islam. Therefore, the infidels must become Muslims, but if they resist, they must accept the war and its terrible consequences. This view of jihad, in addition to providing grounds for accusing Muslims of violence and extremism, is not in line with certain indisputable religious principles; Because, according to the text of the Holy Quran, reluctance to religion is not permissible and man's duty is based on free will. Muslims have also been strongly encouraged to engage in any constructive dialogue, especially the propagation of the religion of tolerance, mutual respect, insight, wisdom, goodwill, and good preaching.The jurists and commentators have tried to resolve the challenge between the basic jihad and the principles mentioned through linguistic mechanisms such as abrogation or allocation, but they have not had much success. And descriptive-analytical method has been considered to emphasize the importance and necessity of the defensive reading of jihad, and that of all the mechanisms tested, only this approach can reduce the challenges in this area. . From this perspective, jihad becomes relevant when the existence of Islam and Muslims or their freedom to propagate the religion is faced with an armed challenge. Religion has a cultural / educational nature and the method of inviting it cannot be chosen inappropriately.