FEQH-E AHL-E-BAIT
Year:2009 | Volume:15 | Issue:58-59|Papers Count:16

This essay discuses the decree on the marriage of a Muslim man with a woman of the Scriptures: the Jews and the Christians. The author comprehensively reviews the decrees of Shiite Jurists in the first part and the verses of Quran according to which marrying them has been declared as forbidden in the second part. This section of the essay includes discussions on two major verses on the topic, 2/221 and 60/10. Following the verses some explanations have been presented to disqualify the marriage of a Muslim man with such women. He finally rules out the authenticity of the verdict referring to the first verse and supports the second one.

The previous part of this essay discussed the decree for possessing a found property. Here in this part, the author reviews three topics: giving charity, safekeeping a property, and handing over a found property to the legal ruler. To elaborate each topic, he discusses evidences mentioned in Quran and Tradition and examines their authenticity in comparison to the ones of derelict property. At the end, the decrees of a derelict property and the fact of handing it over to the legal ruler are discussed.

This article tries to prove authenticity of job-based corporations according to juristic principles. The author first mentions definitions given by Shiite and Sunni jurists on job-based corporations, in comparison with property-based corporations, and then their decrees on the matter.He reports that quite all the Shiite jurists do not present it as an illegitimate corporation while the Sunni jurists do not hold the same decree on this Then; he illustrates Shiite jurists' proofs for illegitimacy of such corporations which include consensus, risky condition of such corporations, and the certain number of contracts according to sharia'a. He presents proofs to reject all the above and tries to prove job-based corporation due to rational evidences, general specifications of religious reasons, and legal entity ownership.

The article tries to answer the question whether the deficiencies dissolving a marriage are limited to those mentioned in Tradition or include some more. The author refers to five kinds of traditions and elaborates some of them. Hementions some points including, whether deficiencies can dissolve a marriageor not, highlighting effect of deficiencies mentioned in traditions in dissolution of a marriage and ambiguity in the effect of others, the origin of disagreement in traditional reasons.He concludes that according to the rules of "no harm to no one" and "no hardship", jurists suggest the possibility of inducing from these rules and the way to use these rules. He also thoroughly explains specific meanings of the word "Innama" (just) to support the idea of limited number of deficiencies.

This article mostly focuses on the age and symptoms of puberty which is preceded by an introduction to the differences between Legal Qualifications in law and jurisprudence. The author reviews evidences in Quran and Tradition and discusses topics related to the children as their right and limit of possessing properties, holding onto Islam, praying, and discretionary punishments, as well as puberty and its symptoms. He discusses the puberty in two parts. The first part includes natural symptoms of puberty which present the stage of changing from childhood to adulthood. The second part focuses on the age of maturity or the legal age.

This article focuses on interpretation of verses 101-103, sura 4 which describe Prayer of Fear during the war time. The author mentions some parts of the verses and then interprets them. He concludes that although some interpreters insist these verses were revealed during the battle of Zat-al-riqa', they were not. He believes the verses were revealed when the holy prophet (p.b.u.h.) was on his way to Hudaybiyah for Hajj. He also suggests the holy prophet (p.b.u.h.) prayed a full prayer then but his companions prayed one rika'a.

The article discusses usury, one of the major problems in Muslim communities. Some scholars differentiate between usury for consumption and usury for production, recognizing the former as forbidden and the latter as permitted. They refer to some evidences and try to prove that usury for consumption is the one that is forbidden in Islam and the usury for production can be permitted, and thus, all other types of loans for investment, business, constructing, etc can be recognized as permitted.The author criticizes this idea and proves that according to Quran and Tradition this kind of usury has not been presented recently, but rather existed at the time of the holy prophet (p.b.u.h.), and thus is forbidden in either of consumption or production types.

The first day of Devotional stay at Arafat, Masha'ar and Mena (9th of Zil- Hajjah, 12th month of Lunar year) is one of Hajj duties which should be fulfilled at a specific day. Thus KSA king announces the first day of Zil-Hajjah. The author here asks what the decree is in case of doubting in the first day ofZil-Hajjah, being announced by KSA king or knowing that it is not real. He mentions Shiite jurists' decrees and discuses the specific timing of some ceremonies in Islam and general meaning of Hajj to conclude that it is allowed to follow their decrees even though we are quite sure of its wrong nature. He then refers to proofs in four traditions on the subject, lifestyle and Tradition of Imams (A.S.), reasons of prevarication, and the rules of "no harm to no one" and "no hardship" and concludes that devotional stay at Arafat with the Sunnis is in nature permitted (and even obligatory in some cases), and if the stay is passed, it is correct.