فصلنامه فقه
پیاپی 111 (پاییز 1401)

Providing services based on information technology is one of the ways that startups use for various information technology systems to infer and earn more income. In the past few years, earning money in this way has been greatly promoted, so that there is not a day that users of communication technologies do not encounter advertisements of this category of services. This study aims to determine the nature of these types of transactions. The question here is whether this mechanism is considered as one of the conventional transactions, or is it a novel transaction that should be followed by its jurisprudence ruling in general terms and applications. This study is authored based on library sources and analytical-descriptive method and rational data. The finding of the study suggest that after examining the concept of services in information technology and explaining how to earn money through it, the basic characteristics of this mechanism are obtained. These characteristics can be seen in only four cases of transactions (lease, peace, Je'aleh, and istifa), each of which has its own requirements. The analysis of each of these transactions and the possibility of correcting the discussed issue with them clearly shows that the provision of services on the basis of information technology can be considered as mute lease.

One of the conditions that have become common in marriage today is the condition of the wife's representation in her divorce in some cases or even in absolute form. This condition has not been dealt with in the books of the past, although the validity of the wife's representation in divorce has a history and has had supporters and opponents. This paper, while looking for the history of this issue and its evolution, has criticized and examined the legitimacy of the mentioned condition and it shows that the incorrect justification of the views of jurists such as Sheikh Tusi, who considered the wife's power of representation in divorce to be invalid, provided the context for changing the course of the debate and neglecting the requirements of some narratives that absolutely introduce the condition of handing over the power of divorce to the wife by the husband as invalid. In addition, by clearing some ambiguities, and clarifying the difference between Towkil (make someone as representative) and Toliyat (to give someone authority), and responding to the notion of considering the meaning of narratives to titles such as Takhyeer and Toliyat, or the case of depriving the spouse of the right to divorce, it is proved that conditional representation at the time of necessary contract that the husband is not able to abolish is one of the clear examples of this condition being as invalid.

Today, the occurrence of emerging phenomena in technology calls jurists to make a double effort in order to adapt them to jurisprudence issues and regularize them when encountering those issues. One of these technologies is the mining of "Cryptocurrency". Due to its basic similarity with "Je'aleh (a promise of something of value given by a promissor in exchange for something of value given by a promisee)", in this study, the compliance evaluation of cryptocurrency mining with the rules, pillars and conditions of je'aleh has been examined. Analytical studies show that the current general request issued by the cryptocurrency system designer can be considered "Ja'il (the promissor)" and it can be applied to general Je'aleh. In addition, the reward of mining cryptocurrency can be considered as "Jo'al", the solution and the purpose of rationality, and the miner as an "agent". The "action" in cryptocurrency mining is known and clear and is done through CPU, GPU and ASIC. The only problem of compliance evaluation is manifested in the qualification of possession of "Ja'il"; it is not possible to fulfill this condition due to the anonymity of "Satoshi Nakamoto" - the creator of cryptocurrency." Unless the customary impossibility of designing cryptocurrency by a lunatic and a child and the high cost of its design proves that the creator is not financially isolated. It should be noted that the compatibility of cryptocurrency mining with Ja'ala does not mean its legitimacy, but in this regard, there are still problems such as the taxation of cryptocurrency as well as the superficiality of their mining, which should be examined in other studies.

In order to open the horizon to the foundation of the new Islamic jurisprudence of the social relations of the holy shrines, some articles are presented for the first time, in the framework of Imamiyyah jurisprudence. First, the jurisprudence of the social relations of the holy shrines, second, proving the legal personality of the holy shrines, and third, the statement of the difference in the jurisprudence of the social relations of the holy shrines in legitimate and illegitimate governments from the perspective of Imamiyyah jurisprudence. The finding of the paper in the first part is a new design of the structure of the fundamental issues and superstructure of the jurisprudence of the social relations of the holy shrines. In fundamental issues, the effect of the difference between legitimate and illegitimate governments, the impact of the difference in jurisprudential foundations of the legitimacy of government and the scope of governments' involvement in holy shrines, the relationship between the jurisprudence of holy shrines and the jurisprudence of endowments, the same relationship, with the titles of commemoration of rituals and the duty of enjoining good and forbidding evil as well as the jurisprudence of building holy shrines have been brought up. Then, 10 major and more important superstructure problems are explained to complete the structure of the issues. In the second part, the legal personality of holy shrines, within the framework of Imamiyyah jurisprudence, has been proven and its problems have been resolved. In the third part, it has been shown that the legitimate Islamic government, based on most of the jurists' theory, about the appointment of a Wali Faqih (religious guardian), has the holy shrines under its jurisdiction in terms of supervision and management. However, in illegitimate jurisprudential governments, holy shrines are independent institutions from governments.

One of the bank contracts is parallel and representation Je'aleh (Je'aleh is a promise of something of value given by a promissor in exchange for something of value given by a promisee), which is the loan that the bank provides to the customer to do something like home repair. What happens in between are two contracts of Je'aleh consecutively and sometimes it is attached to the contract of representation, the first one is called parallel Je'aleh and the second one is called representation Je'aleh. The main issue in these contracts is the problems that they face from the jurisprudential perspective. Both in terms of compliance with well-known rules of jurisprudence such as not realizing the customer's intention, taking wages before the action and receiving fines for late payment of installments, and also in terms of incompatibility with the dominant atmosphere of the Islamic economic system. The solution to these problems is for the bank to do what is considered practice in convention in the first contract. In this case, it does not matter to leave the job to the second agent, while giving power of representation to the first Ja'il (forger). In addition, the customer's explanation about the terms of the contract makes the intention come true. In relation to the received forgery difference, set the value of the act as the amount of forgery and remove some rules such as late payment penalty. This study is an applied jurisprudence and its method is library and ijtihad analysis, which criticizes and analyzes the problem at the same time.

Withdrawal from ignoring the property, which means cancelling the legal action performed based on the principle of freedom and the governance of the human will, is the right of every owner, and the religious legislator has recognized it with conditions. Because of exercising this right, the ownership of the ignored property will be again for its first owner. The main purpose of this paper is to answer what are the effects and rulings of ignoring the property. It is an answer that satisfies the society's expectations from Islamic jurisprudence for such disputes by resolving the disputes between the ignorer and the receiver of the property. Therefore, to achieve this goal, the paper was conducted in a descriptive-analytical method. The finding of this study based on the arguments is that it is permissible only in some of its forms to withdraw from ignoring the property as a unilateral legal act such as a contractual will. That is, this unilateral act is permissible and reversible only when no one has taken possession of the ignored property, but in case of seizure or possession by others, there will be no possibility of withdrawal of the first owner. The finding of this study is to solve some social conflicts when there is a difference between the first owner and the recipient of the property during the conflict of interests. . Another result is the clarification of the ruling on property ownership, which has been left undecided due to withdrawal from ignoring and has been removed from the economic cycle of the society.

One of the influential elements in jurisprudential inferences is Irtikazat (the points which can be focused on by the jurists, Usul scholars or narrators), which is widely used in subject studies, ruling studies, subject creation, extracting legal sirehs (lifestyles), and strengthening the implications of hadith. The jurists, especially the later ones, have been aware of this fact and have documented their inferences to the irtikazat in some cases. Usul scholars have also pointed out the truth of irtikazat and its effects in some cases. However, so far there has been no study on the sources of extracting irtikazat. This paper, via using a descriptive-analytical method, has tried to examine and find the origins of the documented irtikazat in Islamic jurisprudence, to deal with the role of the narrator's question in extracting irtikazat and the effect of these irtikazat in jurisprudential inferences. The findings of the study suggested that irtikazat are the neglected beliefs that if a person realizes and finds it, it reaches the stage of conscience. The Infallibles' handwriting (documents written by the Fourteen Infallibles) is sufficient for the validity of the questioner's irtikaz. The narrator's question is the most important source of extracting irtikazat. The emergence of Sharia hadiths is under the influence of irtikazat. The causes of the hadith as an irtikaz can be effective in identifying its argument. Sometimes, irtikaz can create subjects. irtikazat have the ability to express the behavior of the society in the age of the Infallibles and the sirehs of the legislators.