MAQALAT WA BARRASIHA
Year:2007 | Volume:40 | Issue:86|Papers Count:8

The endowing means withholding of corpus of property and consumering its benefits for good aims. Endowing is a legal act but there are differences about its nature. Some of Islamic jurists believe that it is a unilateral act and others believe that it is a contract. There are also differences about state of ownership of endowed property: some of Islamic jurists believe that settler of endowment is owner of it and others believe that beneficiary of endowment is owner of endowed property, a group believe that God is owner endowed property. In this research, the concept and nature of endowment is discussed. The state of ownership of the endowed property is discussed too. We will see that endowing is a contract and ownership of the endowed property is belonging to a legal person that exists with endowing.

At the beginning, the marriage portion or dowry was considered as the price for selling the wife to the husband. The marriage portion was changed its nature as a gift by the advent of the divine religions and codification of laws. In modern custom of Iran, the Islamic concept of marriage portion has been completely changed and is no more considered as a gift, but it is security in marriage and divorce penalty. The marriage portion is a debt for the husband that he must pay the wife lawfully and canonically, but he is never able to pay it because of its excessive, or does not intend to pay it at all or if he is exceptionally able to do it, he will refuse to do so. Consequently, by winding up the marriage contract, the wife’s life will not have any security, therefore, law and society will not support her. It is important to study socio. Legal dimensions of marriage portion, and suggestion of fixing religious marriage portion and solution for the security wife’s life after divorce from the law and legal sociology point of view.

In Islamic jurisprudence, juridical disagreement means dispute between Islamic jurists to confirm a comment or proscribe another. Disagreement is arising from contradict reasons or jurist concepts. Whether concern other concepts is necessary or not, is a contradict matter. In the Shafi'ite's jurist opinion avoidance from diversity is recommended for all Jurists and followers. It means that in his discovering the Islamic law, a jurist has to agree to other and avoid any contradiction. The rule, in deed, refers to possibility of correctness of dissenting opinion. Exercising the rule is limited by some conditions. However it has a great effect toward at Islamic convergence.

Among the causes that give the right to each of the couples to dissolve as a partner of marriage contract is the existence of some certain diseases in one of them. The civil law observing Shiite religious jurisprudence has declared some defects of the husband or wife as the cause of dissolving. The comparative study of the mentioned articles and the views of jurisprudents and along with challenging them is a solution to prevent the collapse of family as far as possible, on the one hand and make every partner use this right properly on the other as well as preventing himself or herself from getting harm. The issues evaluated comparatively in this article are such as: Do all jurisprudents believe in dissolving where there is a defect in one of the couples? Does he or she have the equal right to sue for dissolving? What are the defects that can be the causes of dissolving? Are those defects known in civil law and religious judgments as limited? And do those defects have any time validity? The conclusion that we come to by analyzing, studying and criticizing the views of jurisprudents is that most of them believe in dissolving due to a proved defect in every party. Furthermore, with regard to different kinds of defects but it must say that anything that is an obstacle to matrimonial purposes should be considered as the right for dissolving although most of religions and civil laws have limited them. Finally, the time of occurrence of the defect is also valid and worth to consider.

A letter of Ali Ibn- Hussein (Peace be upon him) to Mohammad Ibn- Moslem known as Ibn- Shahab Zohri has been mentioned in some resources. In this letter, Zohri has been reproached by Ali Ibn-Hussein for his cooperation with Bani Omayeh. This letter is usually cited as evidence in analysis of Imam Sajjad's political and social positions. Surveying the resources and numerous books shows that Tohaf Al- Oghoul written by Ibn Shobeh Harrani is the oldest present resource in citing this letter. Ibn Shobeh has cited no evidence for this letter. Surveying the content of this letter shows that the interpretations used in this letter are in contradiction with the age, deviation degree and scientific level of Zohri in time of Imam Sajjad. Based on surveying the evidence and content of this letter, it can not be accepted that the mentioned letter has been written by Imam Sajjad to Zohri and it is necessary to consider other hypothesis in this regard.

Business of goods is one of the necessities of social life. Man has produced the money to facilitate the business, which simultaneously with the development of social and economic life has taken different forms. Intrinsic value of some money and relative value of the other and the role of the inflation in decrease in value of money cause the different religious commandments. That is why, for compensating a loss, there have been established laws in legislation assemblies and productive and commercial companies. Some of jurisprudents believe that these laws are contrast with the commandments of Shai’a, but the other ones accept them with special terms. This article studies the jurisprudential commandment of this problem and its theoretical bases.

In nowadays world, social activities and affairs are done in form of group or counsel. Can group and council-working experience be performed in Ejtehad and issue of religious commandments? What a necessity is there in this work? What are its positive and negative benefits and consequences? Of course the first meaning of grouping Ejtehad can be that individuals come together to endeavor to seek the solutions of day to day matters. In this ease some work division and research should be conducted among them to assist each other in Ejtehad. The second meaning is that they cooperate in issue of Fatwa. In this research, my purpose is to show that a number, who have reached to degree to issue fatwa, shall cooperate in pronouncing of Fatwa as a group.