فهرست مطالب

نشریه فقه اهل بیت
پیاپی 88 (زمستان 1395)

  • تاریخ انتشار: 1395/12/05
  • تعداد عناوین: 7
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  • SayyidKazimHa’iri * Pages 5-44
    This article investigates three conditions; decision, will and possession (also its substitutes such as guardianship) to find out their meaning, validity and their generic or specific reasons. It also discusses whether these three are considered as conditions of transaction or only strengthen the transaction. Other issues related to these three conditions have also been addressed.
    Keywords: will, contract, transaction, decision, possession
  • Mahdi Barzigar, Muhammad Amin Imamipanah Pages 45-109
    Shiite jurists have two views about qalil water which has contacted an impurity but has not changed. The famous view is that such a water becomes impure and also makes other things impure. However, another group of jurists, mostly later jurists, have held that this type of water does not become impure. Having investigated both views along with arguments and criticism, the authors have tried to propose a new solution to the problem through an approach based on human’s nature and intellect. They have finally proved that this type of water is not impure and does not make other things impure but what can be inferred from the arguments is that it is highly undesirable to use such a water.
    Keywords: qalil water, kurr water, becoming impure, to contact impurity
  • Muhammad Mohalli *, Mas’udZangane Pages 110-142
    To protect the creditors, former article no.218 of civil law had announced the invalidity of entering a transaction with an intention to evade debts. However, after the Islamic revolution, lawmakers amended this article to be more compatible with Imamiyyafiqh. They announced that these types of transactions are void if they are factitious without mentioning the ruling for cases which are not factitious. However, it seems that based on some fiqhi foundations, the invalidity of a transaction to evade debts can be justified.
    Keywords: illegal aspect_the right of giving a general but specified collateral_la darar_transaction with an intention to evade debt
  • Ahmad Ehsanifar * Pages 143-174
    Legal phenomena such as legal actions and events happen in a contractual atmosphere whose consequences are also considered contractual. These phenomena are effects similar to material phenomena and a chain of causes form the former’s sufficient cause. Analyzing the sufficient cause of these phenomena leads us to three components; reason, condition, lack of barrier. The position and function of each one of these components are different. The impact of reason on the creation of a legal effect is not similar to the impact of condition and the influence of condition in the creation of a legal phenomenon is opposite to the influence of the lack of barrier.
    Therefore, understanding the components of sufficient cause and their relations with each other and the legal effect as well as the type of their impact on the creation of a legal phenomenon plays an important role in systematic analysis of legal actions and events and prevents the mixture of many legal concepts and institutions.
    Keywords: necessary component, cause, condition, sufficient cause, barrier, necessity
  • Hasan Mahdawi * Pages 175-210
    Sahl b. Ziyad is one of the most renowned narrators of hadith from whom more than 2300 hadiths have been narrated in the Four Books. However, scholars of rijal have disputes over his reliability. Some have weakened him accusing him of exaggeration, lying and narrating weak hadiths. They refer to the treatment of Ahmad b. ‘Isa al-Ash’ari, Fadl b. Shadhan, Ibn Walid and the views of scholars such as Ibn Ghada’iri, al-Najashi and al-Shaykh al-Tusi. Some other rijali scholars have referred to numerous evidences to validate Sahl b. Ziyad exonerating him of the accusations. In this article, some general issues about Sahl’s life will be presented first, then motives behind weakening or strengthening him will be covered separately and their advantages and disadvantages will be studied.
    Keywords: Ahmad b. Muhammad b. ‘Isa, validation, weakening, Sahl b. ZiyadAdami, rijal, quotations from great scholars
  • Mahmud Pakize, Muslim Shuwbkalaii Pages 211-238
    It is necessary to study population control from different aspects. On the one hand, crises resulted from a large population and lack of material and immaterial resources have forced some scholars to maintain that the only way to survive is to adopt birth control which leads to a decrease in growth rate. On the other hand, another group of thinkers believe that population growth not only does not lead to those crises but also is the main factor of material and spiritual development of the society in various fields. They hold that minimum growth rate should not be recommended without paying attention to its negative consequences in moral, social and industrial aspects promoting economic development in hope of transient peace and welfare in life.
    Islam has a moderate approach toward population control. Having provided a brief introduction to the concepts, this article tries to clarify Islam’s moderate approach to population control. First, it addresses the arguments provided by proponents of population control then the most important arguments by advocates of population growth and their opponents. Finally, the moderate view has been proposed trying to reconcile these two intra-religious approaches.
    Keywords: population control, abortion, coitus interruptus, population growth, population control