نشریه مصباح الفقاهه
سال چهارم شماره 8 (پاییز و زمستان 1401)

In all types of Shariah and customary contracts, such as rent, lease, etc., if the hirer or lawyer is not at fault, the Holy Sharia of Islam does not consider him to be a guarantor and places him in the position of a trustee, medical operations, if in the form of one of If contracts are made, there is a possibility that he will be a trustee and if he does not default, the guarantee will be removed from him. In Article 495 of the Islamic Penal Code, medical operations are dealt with in the same way and if there is no fault, it does not consider him as a guarantor. Although there is a difference among Shia jurists regarding the guarantee and non-guarantee of a doctor, but the famous jurists have agreed on the guarantee of a qualified and expert doctor.

This is a library-based and descriptive-analytical research, which is done by using jurisprudence and hadith texts, the law of the Islamic Republic of Iran, and the bylaws of private and government medical centers.

The jurists decided on two main views regarding the guarantee of the doctor's error; The guarantee of the doctor in any case in such a way that even the satisfaction and innocence of the patient does not relieve him from the guarantee. lack of doctor's guarantee, which itself has two types;First part: lack of doctor's guarantee in all cases.Second part: guarantee unless he has obtained a letter of acquittal from the patient.

Just recently, transgenic products or genetically modified products have entered the people's diet. Issues like the importance of nutrition from the Islamic point of view, the novelty of this technology, and the lack of significant analysis about jurisprudential evidences and authority of its consumption make it necessary to study this matter. Therefore, the current study seeks to answer this question: what is the juridical verdict on consumption of transgenic products? In this paper, after explaining the topic, the opinions of the pros and cons regarding the advantages and disadvantages of transgenic products have been presented and the legal evidences which are related to the use of these products have been examined by a descriptive-analytical approach. In this regard, the concepts and terms, the position of foretold subject from the perspective of health, as well as the issues of transgenic products examples from the experts of engineering's point of view, have been discussed. And based on verses of the Holy Quran and its juridical verdict, in accordance with verses, hadiths and jurisprudence rules, the origin and essence of genetic manipulation matter has been studied and explained. The result shows that the primary juridical verdict, according to the evidence which is presented, proves the permission, and the secondary verdict depends on the harm or harmless of the products.

The late jurisprudents consider the use of the term of "absoluteness" dependent on "the proper and rational conditions for meaning". One of these conditions is "the expresser's intention of expression". Since the discussions which are presented by the scholars and jurisprudents, regarding this subject, have been proposed with various statements, this paper, for the ease and accuracy of its survey around the matter of "absoluteness", have quoted, summarized and studied the various aspects of this issue. This paper, with a descriptive-analytical method and a library study method, while examining the statements of some scholars, tries to answer three questions: 1) "What is the exact meaning of expression's position of a speaker?" to answer this question, the exact concept of the position of expression has been presented more clearly. 2) "How can it be verified that the speaker is in the position of expression?" it should be said that it is the condition of the speaker's words that makes it possible to prove this position for him. The third and most important question: "What is the solution in the position of doubt the speaker's position of expression?" in cases of doubt, the speaker could be considered as the expresser of the whole meaning, but the point here is that often this statement could not be attributed to all aspects, and it is not according to wise procedures (usage of wise).

 One of the important purposes of Hajj is the improvement in of the Muslims' will and spiritual growth. The avoidance and prohibition of some permitted sexual behaviors and appointing expiation for such manners in Hajj could be considered as a part of the philosophy of prohibiting sexual matters in Hajj. According to the title of sexual behavior avoidance for Muhrim, the acts like sexual looking, touching, kissing, and caressing, have been studied (the matters which have been challenged in their juridical verdicts, expiations, and the level of expiations). This paper, by analyzing jurisprudential sources, tries to analyze the jurisprudential rules and juridical expiations for Muhrim's sexual manners, which may appear in cases such as looking, touching, kissing, and caressing. This library research was carried out in a descriptive-analytical method and it has been concluded that the juridical prohibition of kissing and touching is limited to marital relations not like the relation between mother and child. The determination of expiation for kissing is absolute, without any dependence on ejaculation, and its obligated payment is based on the jurisprudential caution. The verdict of obligatory expiation for kissing, which occurs between Muhil husband and Muhrim wife, comes from juridical caution. The obligated expiation of sexual touching or hugging, by married couple, is not conditional on ejaculation. Caressing is one of the sexual behaviors that, if it ends up with ejaculation, expiation becomes obligatory. The hadith of Abi Basir (Muwaththaqah) believes that forbidden looking at a strange woman originated from the looking conditions.

Understanding hadiths requires correct and theoretical method, which is called Fiqh al-Hadith. Comprehending the texts of hadiths without a proper method and correct foundations will result in wrong understanding. In order to avoid this fault, Islamic scholars have compiled the bases and rules of correct understanding of the Holy Qur'an and hadiths. Many of these rules have been revealed in jurisprudential discussions, and their extraction could make us familiar with the method, rules and foundations of fiqh al-hadith. One of those matters is the book of "Kitab al-Salat" by Sheikh Abdolkarim Haeri. Considering the scholastic character of the author and the importance of his work, in order to understand the hadith, this paper, with a descriptive-analytical method, has been compiled. The result shows that the author conform the regulated rules to understand the religious objective. In fiqh al-hadith, he tries to present the religious statements by proving the context, gathering the texts and statements in a methodical and comprehensive way, and understanding the text meaning.

In the viewpoint of some hadith scholars, the hadith "whoever transgresses in ablution is as its violator" may refers to the number of washings or an excess in ablution or an excess in the amount of water which is required for ablution, not the wipe in ablution. In the present survey, which studies the library sources by a descriptive-analytical method, it is revealed that the hadith is authentic due to the reliability of its narrators, and from the juridical point of view. By studying the verses of the Holy Quran, hadiths, and rational reasoning, it could be concluded Imam (AS) refers to a person who has obsession and performs ablution several times and therefore his ablution is invalid. Many hadiths express the prohibition of transgression in ablution and its performance for several times explicitly, implicitly, and confirmatory. The opposing hadiths can be summed up in two ways: 1) the second time washing could be accepted as a prescribed matter which is in accordance with fatwa or 2) which means transgression, is washing more than two times and refers to third washing, the issues makes the ablution unacceptable according to all jurists' consensus.