نشریه مصباح الفقاهه
سال چهارم شماره 7 (بهار و تابستان 1401)

If a woman commits the murder of a man and the avengers choose the revenge, there are two types of hadiths among the Imamiyya sources regarding the extra payment of wergild. All hadiths, except the narration of Abi Maryam Ansari, indicate that this payment is not necessary, but that hadith emphasizes the necessity of extra payment as its proof. Imamiyya jurists have put many questions about text and authority about this hadith, and the present study tries to answer these questions and examine them by using a descriptive and analytical method with library study method. Based on the writers' point of view, the weaknesses of Abi Maryam's hadith roots from its opposition to the Holy Qur'an and the principles, its coordination with Taqiyya, the lack of clarity in the meaning, its justification with recommended verdicts and financial ability, and the assumption of two murders. Even though, there is a reliable authority for the text but due to its contradiction with the other hadiths, the oppositions of main scholars, and the possibility of distorting, this narration should be discarded and it should be considered not as a vital rule.

Loan taking and giving is one of the inescapable affairs of the society and a probable matter for everyone. Nowadays, many loan contracts of banks, financial institutions, family funds, and etc. are depends on opening of an account and the remaining of some money for a period of time which let the bank or fund to give a loan to depositor after passing some time. The question is that: such condition which provides benefits for loaner, a benefit that will be usury and forbidden, is permissive? This paper, through a fundamental study with the library research method by referring to various Quranic, hadith, and jurisprudential sources, considering the extreme evil effects of usury, different kinds of condition in the loan contract (especially loan on condition of return loaning), have been examined with a descriptive and analytical approach. After affirming that any benefit providing for loaner in contract make that loan contract usury, a careful jurisprudence study have been prepared to show the legitimacy or illegitimacy of such condition.

The principles of jurisprudence, with the historical efforts of Shiite scholars, have always been developing, however after the victory of the Islamic Revolution, due to the expanding of Islam in the field of objectivity, it is necessary to adjust the progress of this knowledge to the capacities of the Islamic system. One of the most important fundamental subjects in order to deduct and reason, with regards to the capacity of the Islamic government, is to study the manifest of the Holy Quran and hadith, so that by analyzing the statements, the idea of legislator about the current problems and plans of Islamic government has been understood.Exoteric meanings has been formed based on the denotation, which itself is dependent on the position of the words. Prominent jurists consider the establishment and also the formation of the denotation dependent on the general traditions of the age of Holy Quran's descent and conclude based on it. But over the time, some eminent scholars noticed the deviation of sects such as "Moshbehe" that were relying to this method. Therefore, they founded the linguistic theory of the spirit of meaning, which opened a new phase in the understanding of exoteric meaning. Sayyid Muniraddin Hashemi, a contemporary thinker, considered this foundation to have some problems and promoted it to the "necessity of developing understanding from the established system of legal linguistic". In this way, an important role was given to social evolution in the manifestation of statements. This article has analyzed the content  of these three issues and their brief evolution cycle. At the end, by comparing the ideas, the opinion of this late scholar has been chosen and the other two opinions have been considered incomplete.

Due to the corona virus expansion, it is necessary to inspect the jurisprudential and legal challenges related to this subject, including the civil responsibility of the government to deal with. According to the government's authority, it could prevent the expansion of the coronavirus to a large extent, and if the government neglects its duties and cause a damage for anyone, which could be attributed to the government, it must compensate for the damages. Accordingly, the current study has been carried out specifically to clarify the duties of the government to vaccinate and control the expansion of the coronavirus. The findings indicate that the government, based on jurisprudence and legal principles,  is responsible for the damages caused to the people of the society due to the coronavirus, and based on the laws, it is obliged to make the vital preparations for timely vaccination. The present study, with an analytical descriptive method,  has surveyed the civil responsibility of the government to vaccinate in accordance with the jurisprudence and law in four paragraphs. This obligation includes such things: buying vaccines, appointing responsible authorities and institutions, distributing vaccines fairly, and avoid importing and supplying of counterfeit vaccines.

The results of maturity is a matter which has received less attention, while the studying its different results makes it possible to clarify the duties of obligated and obligator's persons in relation, in such a way that sometimes the duties of adults are confused with the others who are in relation with an adult. This study, based on the library research method, collect,  compare, and analyze information and opinions in order to explain the various legal results of maturity, so that mature duties separate and distinguish from others, also their separate results. Accordingly, the obligations that revealed for the obligator, the people of society, and the government should be described. This study has been compiled in three chapters. Firstly, the term of maturity and its different types have been explained. Next, the legal results of maturity are discussed in two parts of matures' obligations and the duties of others who are in relation with a mature. Among the outcomes of this research, these issues could be mentioned:  1- judicial results of maturity are separated regarding to mature him/herself and the people in relation, which will be distinguished as educative and legal verdicts with their own requirements and exact obligators. 2- Although the several types of maturity have been mentioned, the all kinds can be included under maturity based on age and sexual maturity. 3- If the maturity is a genetic matter, physical and sexual growth will be the characteristics of maturity, and the criterion of age is just as a way to understand it, but if the maturity is as a considered subject, which is accordant with common view of jurisprudence, the criterion of age could prove the maturity. 4- Among the duties of others who are in relation with mature these matters could be mentioned: the necessity of enjoining right and forbidding wrong, the possibility of enforcing penal sentences, the influence of mature in financial possessions, and avoid looking at the hair and face of a mature girl. 5- the educative duties also emerge, on the one hand, for the father as the judicial liable, and on the other hand, for the religious ruler which sometimes make the same obligations and sometimes different duties for both of them.

To understand and derive the legal verdict and its purposes, many of general and specific indications and evidences are effective. One of these general indications is the relationship between the verdict and the subject which means that formation of judicial verdict, some criteria come to the minds of jurists and they become as common and inner traditions. The characteristic of these compatibility gives a verdict generality or limitation. The present study examines this compatibility and the methods to identify it and deals with its impact on the formation of new manifestation for contexts. Since such conclusive understandings, which are not in written legal sources, are outcomes of jurists' judicial skill and efforts, a referring and observing approach have been taken for this paper. To explain the meaning of compatibility, the factors of its appearance, the methods to recognize it, and the evidences of its validity, are among the other aspects of this research. The compatibility between the verdict and the subject is considered as a rational sign, which has been attached to a verbal reason in convey argument, and its validity is rooted from the rational principle of the validity of the manifestation and the common and social understanding of the contexts.