FEQH-E AHL-E-BAIT
Year:2010 | Volume:15 | Issue:60|Papers Count:9

The author explains two possible kinds of endowment for gold and silver. He discusses that Sunni and Shiite scholars hold the same opinion over the endowment of the ornamental gold and silver. He continues with coined gold and silver, presenting permissibility, impermissibility, and doubtfulness in the decree over the subject. He agrees with the decree of impermissibility for the endowment due to the lack or shortage of benefits for not using the endowment. He finally suggests the use of Dirham and Dinar to make the trading eligible with one condition: the monetary nature of endowment should be served in all the trades. He declares that as long as such endowed properties are considered out of general conditions of endowment and have no contrast with Sharia', they can be used as single and common legal acts or unilateral dispositions.

The properties over which the Legal Guardian has authority can be categorized as two: one, those which he holds due to legal reasons, such as the "Fifth" (or Khums), and two, those which belong to all the Muslim community but he controls due to the Muslims' expediencies.The author tries to prove that the first kind of properties can be considered as personal properties of the Legal Guardian which he can use where he decides to be helpful for the community. On the other hand, two opinions are discussed when the second kind of properties are presented; one declares that the Legal Guardian has the authority and priority to possess the properties, and the other says that the Legal Guardian has a kind of credit possession over the properties. Rejecting the first opinion, the author supports the second one, although he believes that just the Infallible Imam has the responsibility of credit possession.

The first part of this article developed the idea of legal qualifications in Islamic jurisprudence and related rights, puberty and legal age, children's rights and their limitation in possessing properties, holding onto Islam, praying, and discretionary punishment. Here in the second part the author discusses the puberty due to certain age, the puberty age in Islamic jurisprudence and the age of being grown-up.

This essay reviews the book "Osoul Al-Fiqh Al-Mogharan Fi Ma La-Nassa Fih" by Ayatollah Jaffar Sobhani which is the textbook in some seminary schools.The review begins with a brief background of comparative researches in Principles of Jurisprudence and then discusses two major parts. First, it briefly introduces the context of the book and its writing method and style, as well as its main characteristics. Then, it analytically reviews the topics discussed in the book and presents the general and specific considerations due to the book.

The essay includes two parts. The author presents the first part with the history and background of "Proof-based Consensus" and the decrees of jurists and fundamentalists over its authenticity. He concludes that most of late and contemporary jurists do not believe the proof-based consensus to be authentic, however, some of them and early and past jurists hold the contrary idea.In the second part, he evaluates the proof-based consensus considering different basis of authenticity of the consensus. He concludes that due to Imam-supported, blessed, and supposed consensus, and some of the suppositions of asserted consensus, proof-based consensus can be considered as authentic. On the other hand, he declares that due to the discovered consensus by genuine proof or based on the approval of Imam Mahdi (A.S.), and some of the suppositions of asserted consensus, proof-based consensus cannot be authentic.