فصلنامه فقه و تاریخ تمدن
سال هفتم شماره 29 (پاییز 1390)

In Network Marketing, there are some plans to develop the scope of marketers in order to omit the intermediaries between "the producers and the consumers." In these plans, the manner of place-ment of the members under the subdivision or sub- group, and the rewards each party receives for his sales group have been envisaged.The marketing of the unsafe network is a variation form in which there is no real product while its only job is to recruit. In Fact, in this activity, a. contract based on the bonus in exchange of attaracting new members is made between the company, and the partnered members.The present article seeks to study and analyze the situational principles in relation to the activity such as the validity and invalidity and corruption of the existing dealings, the ownership of the transferred properties, and the warranty concerning these properties,

Magic has prevailed among different classes so greatly، which is found in many places of the world، and in many societies. There is a discrepancy among the Shi''ite and Sunite scholars concerning the factuality of magic،whether it is an actuality or a superstition. Most of them believe that it is a reality،while others maintain that it is a superstition as saying: If the sorcered person knows that he/she is affected،this imagination causes him/her to believe that he/she is under the influence of it،like the power of suggestion; therefore، he gets sick. But if the individual is not aware of being influenced by sorcery at all، then، he/she has no justification concerning the magic power if we might say that these actions are due to the employment of the Jinns or Devil against the sorcered person. So they agree that magic has different typeseach of which has its own principle and there are different decrees on each of them with، their own causes and reasons. The present paper is an attempt to show that some scholars consider magic to be true،while others regard it invalid and untrue. The paper also aims to study the concepts of magic and its invalidation ways from the viewpoint of jurisprudence،the Holy Qur''an and traditions.

The purpose of designing the modern financial tools in financial market-place is to improve the risk management and to enhance the capital market efficiency..The Ati''s contract is one of these means.The author of this paper seeks to prove the validity and invalidity of these types of instruments as well as their conformity with the legal agreements and contracts while explaining and identifying their lawful nature as well as offering necessary jurisprudential basics.He also proceeds to present a solution and replacement as indicated by the Atis jurisprudential decrees.

One of the quests included in the Islamic penalty code is the fact of oathtaking. The oathtaking rule is one of the important ones in Islamic criminal law،which its exertion causes the human society to remain safe and secure against disorder and chaos. Oathtaking، as well as three other manners such as: confession،exposition،and the judge''s knowledge and awareness، is one of the methods to prove a murder. The present article aims to show the viewpoints of the agreed and the disagreed،pro and against the matter، and finally to draw a conclusion that oathtaking is along the proving reasons of a murder، while there are other proofs and causes for the murder،there is no need for oathtaking case.

The stock exchange market-place is a place where the stocks of various manufacturing companies services، investings، business merchandising companies are exchanged. It includes different meanings such as: the exchange principles، financtial organs، financial tools، etc.، each of which needs discussions and investigations. One of these concepts is the financial means of exchange which consists of different components including: shares، priority، preference، optional dealing shares، partnership shares، borrowing shares، and the coins. In this paper، an attempt is made to study one of the financial means، i. e.، the stock exchange entitled «the optional dealing contract»، both in exchange market and in jurisprudential viewpoint.

Since there are different kinds of pilgrimage (Hajj) in the Imamiyyeh jurisprudence،which each rich Muslim individual must undertake once during his/her life-time. The present paper makes an attempt to study the various manners of different types of the Hajj (the greater pilgrimage، lesser pilgrimage and Gharan) while presenting the conversion of different types into one another according to the Imamiyyeh jurisprudence. The main purpose of this paper is to study and explain the relevant discussions and principles in relation to the different methods as well as the principles and requirements of diferrent types of the Hajj for the pilgrims in the Hajj season،so that when the time comes،the obligator might perform according to the obligatory divine law. The paper also seeks to present traditions،versions and views of the Shi''ite jurists، whether the early and late great experts، study-ing enriched sources of Shi''i jurists including the Scripture to offer their common viewpoints or some differences in their opinions.

The imprisonment penalty is one of the earliest means of punishments exerted in the world. According to the Islamic divine law،it is accepted to protect the status and dignity of man،and it is agreed that this penalty is a necessity and is considered as a secondary nature. In modern world، the quest of imprisonment is one of the dilemmas of the judicial systems which has caused the governments to encounter certain problems in civic affairs as well as in penalty system and in general and particular rights. Of course،there is no prohibition in this concern in the religious thought and speculation while the legal proofs and texts in different Islamic sects indicate its permission and application in a few cases. A comparative study on the imprisonment punishment in early times and in modern era with the Islamic jurisprudential schools reveals that the main purpose of imprisonment in Islam is simply to discover the reality so that the jurists or the rulers could apply in Islamic societies when the suspicious person might possibly escape from the punishment. The present paper seeks to indicate the aims of the imprisonment punishment in Islam which are to establish justice and equity and to prevent injustice and inequity in society as well as amending،training and preserving the social discipline and finally the criminals'' purification.

To the Imamiyyeh Shi''ite، and to other Islamic Shi''ites the prophet and his successors benefit from the protected position and are the abstract of perfect human beings. Thus، their social moralistic conducts have been presented in complete conformity with the ethical «basics by the Holy Qur''an» and the abovementioned groups except that there is no negative example in their moralistic conducts in their lives to be against the ethical principles، recommended by God. For example، there is no expectation of them to use any denigration، abuse، insult، and degrading phrases in their words to be against the dignity and character of the public. However، there are some unreal facts concerning their bad conducts in some books، traditions، histories، beliefs، and versions against them in relation to their evil encountering their opponents which are against what they are expected to behave towards the public. This paper is an attempt to study one of the abovementioned news and sayings presenting the texts and documents in this concern