فصلنامه فقه و اصول
پیاپی 134 (پاییز 1402)

The story of Samra bin Jundb is one of the most famous documents of the rule of "la Zarar" in Shia traditions. In the text of the four narrations, there are differences regarding the sentence "La Zarar Va La Zerar" and the provision of "Ali Momin" and the Takhrige of them is of particular importance for deriving the rule of "La zarar". Although, according to the opinion of famous jurists, none of the narrations of the story of Samra is authentic, in this article, the authenticity of the issue of the narrations, proof and then a correct Thakhrige of it are presented.The result of the research is that  there is surely the sentence "La Zara Va La Zerar" in   the text of the hadith, but the presence or absence of the provision of "Ali Mu'min" is effective in interpreting the narrations of Samra's story; So that the presence of the provision of "Ali Mu'min" is compatible with the prohibition of harming others and gives a criminal aspect to the rule "La Zarar" and the absence of "Ali Mu'min" is compatible to the negation of making the law of harm and gives it a civil and legal aspect. According to the selected point of view, the said conflict is primitive and has a customary Jam~; But assuming that the conflict is established, prioritizing  the side of excess is not acceptable due to the principle of non-excess, and the preferences of the side of littleness must be considered.

Some of the harms of real estate and land transactions relying on property ownership and normal documents are: land grabbing, shrinking of agricultural land, threat to food security, weakness in managing crises and natural disasters, increase in administrative and judicial corruption, occurrence of fraud, bribery, forgery and etc.In order to solve these harms, the theory of real estate and land registration in the registration system has been proposed. Regarding this theory, there are two challenges of "the legitimacy of the system" and "the monopolization of real estate and land transactions in the system". In this essay, with a descriptive and analytical method, the belief has been strengthened that based on jurisprudential rules and principles, the registration system in question is legitimate and in the assumption that three conditions are met: the existence of a system that leads to certainty of ownership, the accusation of the market and the disruption of people's livelihood in the assumption of referring to the Amarat, real estate and land transactions based on the Amarat of property are void, and in order to accurately identify the owners, the buyer and seller should only refer to the registration system.Therefore, it is necessary to make the transaction of real estate and land according to the registration system become a law, and in the event of a conflict, this system takes precedence over all the property Amarat.

"Ilhaghe' Mashkook Be A'amme' Aghlab" is one of the rules that has been cited in jurisprudential and principled works and many jurisprudential and principle  rules have been extracted from it. According to this rule, when most members of a nature have a common characteristic and a person of that nature is suspected of having this characteristic, the suspected person joins the dominant members.Regarding the validity of this rule, there are generally three views of validity, invalidity and Tafsil view. In this essay, the validity of the rule, as a special suspicion in the rulings and subjects, has been analyzed in an analytical and descriptive way. As a result, although the validity of the rule of "Ilhagh" in Sharia rulings is not proved, but the validity of the rule in the subjects of the rulings is proved based on "Banae' Aghl". This "Bana"  has not been rejected by the Shariah, but it has been approved in some cases, and in cases where " Baba" is clear, it can be used as one of the special suspicions in the context of the issues.

Tanzil" is the assignment of a long-term monetary credit before due date at a price lower than its nominal amount, the legitimacy of which is disputed in Imamiyyah and Ameh jurisprudence and the governing laws and regulations. Its origin is the difference in how to explain the legal nature of Tanzil. The almost all majority of Imami jurists have interpreted  the nature of Tanzil as the contract of sale, or in more precise terms, "the sale of debt", and considered Tanzil in the nature of a debt to be included in the sanctity of usury, and in the nature of a sale, it is outside the title of usury.In this essay, the legal nature of Tanzil and its examples in Islamic banking have been explained in a descriptive and analytical way by inferring from both  Imamiyyah and Ammeh jurisprudence opinions, andit has been concljded thatt sale of debt can be recognized as a suitable format for analyzing the nature of Tanzil of commercial documents in the Islamic banking system.

Shariah rulings are not on the same level in terms of being involved; Some of them affect all or most of the religious people, and some others affect specific people, or even if they affect most people, it is limited to a certain period of time. The phenomenon of public Balva has been reflected in many issues related to the science of principles of jurisprudence. The importance and sensitivity of common law issues and the strong need for them have caused more severity and double precision in the application of the evidence of rulings.In this article, the general Ibtela (involvement) and the size of its involvement in various fields of the principles of jurisprudence have been explained in a descriptive and analytical way. Being generally involved is reflected in the criterion of the authenticity of evidence such as tradition and Akhbar; So that most researchers believe that Am al-Balva narrations should cause knowledge or at least they are more famous and spread than other narrations. On the other hand, being Am al-Balva is effective in establishing the subject of Sireh and implementing the principle of Beraat, and in addition to the absence of legal prohibition, It is considered as a proof of the lack of prohibition, and as a result, it leads to the validity of the wise's Sireh.

Raf~ hadith is one of the most important hadiths that is cited in the principles of jurisprudence to prove the principle of Bera'at Shar'ee and has a wide application in jurisprudence. Some contemporary jurists have raised some problems regarding the documentary validity of this hadith and the ability to cite it.                                                                                                                                      In this essay, by using the descriptive and analytical method, while criticizing and reviewing the views, we try to prove the documentary validity of the quotes that contain the phrase "Rofe'a ma la ya'almun", based on different bases in the validity of traditions and documents. In this regard, we have opened paths for the general and specific verification of the narrators and trust in issuing the theme of "Rofe'a Ma La Ya'almun" due to the reliability and multiplicity of narrations

A large number of hadiths in Shia narrative texts contain the word "Nafi-e- ba~s". In jurisprudence and principles courses, Imami jurists have provided explanations regarding the meaning of this phrase; But there is no independent research about discovering the semantic truth of this phraze. Identifying the concept of "Nafi"(negation) and the scope of its implications play a significant role in explaining the contents of these narrations and choosing the correct ruling in the inference position. By looking at the literal meaning of "Ba~s", the Qur'anic usage of this word and the statements of Imami jurists about it, it is concluded that the meaning of "negation of B~as" is  the exclusion of Tahrimi  prohibition and punishment  in the area where they are suspected to exist.

Conflict of interests is a situation in which a person sees his personal interests in conflict with the interests he is responsible for; These situations exist in different fields of legal relations, and their lack of management will cause a series of corruptions; Therefore, the ruler is obliged to identify these situations and to manage them and in order to avoid corruption or compensate them, he must make regulations. Now the question is, what are the jurisprudential foundations of solving the problem of conflict of interests and the need to manage it?There are several jurisprudential rules as the basis and documentation of the rulers' intervening and lawmaking in the field of conflict of interest management, which include: the obligation to avoid possible harm, the priority of the more important over the important, the priority of avoiding the corrupt over the gaining of benefits, the Shari'a function of Hasbah, and the obligation to avoid the evil. Considering that situations of conflict of interests are considered as important sources of corruption, the first three rules are solid documents for intervening and lawmaking in the field of prevention of these situations and also the need to get out of them. The rule of Hasbah as well as the obligation to dispose of evil is also worthy of use from the perspective of prevention (removal) and elimination (remedial) of the grounds for committing evil, which are situations of conflict of interest.

Regardless of the non-requirement of respecting Qebteh in some possessions, such as affairs related to guardian's affairs, payment of living expenses, education, etc., according to the opinion of famous jurists, the guardian's possessions in other affairs of the Movalli Alaiih are subject to respecting his Qebteh. Nevertheless, the boundary between the concept of Qebteh  and related words and the mechanism of its recognition in jurisprudence texts is not very clear. Using the analytical and descriptive method, the present essay shows that, from the point of view of jurisprudence, Qebteh  has a concept that is compatible with expediency and incompatible with benefit, and it is a real condition in the guardian's possession.Observance of Qebteh  is valid in all financial and non-financial possessions of the guardian, and its recognition and application in financial affairs is the duty of the institution that has the necessary substructure for such recognition. In case of conflict between interests, priority is given to an act that guarantee's definite and long-term benefit and includes the worldly and hereafter interests of the Movalli alaiih. The best criterion for recognition of respecting Qebteh  is to guarantee the preservation of his rights following the action of the guardian; Rights that can be found in religious teachings, statutes and international documents

"Dar~ is one of the rules of interpretation in Islamic jurisprudence, which causes the punishment to be revoked from a person to whom the attribution of a criminal act or the realization of his criminal responsibility is doubtful. This rule, with or without the name of the rule, has been the focus of jurists in the chapters of criminal jurisprudence, and various topics have been discussed under it. In the meantime, the suspicion of mental disorder in the case of the perpetrator of a criminal act has been less considered; In the sense that the perpetrator claims that the criminal act was committed in a state of mental disorder (insanity) and it is possible that sometimes without such a claim being made by the perpetrator, the judge himself may have suspicion about the presence of the perpetrator's mental disorder. This article, in a descriptive and analytical way, has examined two possibilities in the position of research on the inclusion or exclusion of the Dar~ rule regarding this kind of suspicion, and considered the flow of the Dar~ rule to be preferable in the case of the suspicion of insanity. The proofs of this statement are: the general word " suspicions ", the necessity of verifying the lack of suspicion during punishment, the principle of the necessity of mitigating the punishment, and the independent rational verdict.