فصلنامه فقه
پیاپی 114 (تابستان 1402)

The way in which kur and qalil water become impure has a significant impact on human daily life. There are various and conflicting narrations regarding this matter. Two methods have been proposed to resolve the conflicts and reach a final ruling in this regard. According to the well-known method of assessing conflicting evidence, five different and sometimes conflicting rulings have been obtained on the issue mentioned, and the conflict between the extracted rulings is a problem for this group of jurists. However, according to the theory of proportional revolution, there are more than ten different types of probability assessments between the evidence, each of which leads to different results. Therefore, the problem with this method is the preference of one of the proportional assessments over the others. However, it is possible to overcome this problem by using the rules extracted for the preference of different proportional assessments, and the result of accepting the theory of proportional revolution has been well demonstrated in the branch of jurisprudence discussed. Therefore, in the present study, by analyzing and comparing three proposed models in one of the jurisprudential branches entitled the impurity of kur and qalil water, we have demonstrated the differences between the mentioned methods and for the first time systematically aligned it with the theory of proportional revolution and revealed the surprising results of this type of assessment between conflicting evidence. The impurity of qalil water in case of changing one of the three attributes and the lack of impurity of kur water, except in the case of changing the title of water, are among the results of this method.

The issue of prophethood is one of the fundamental principles of Islam, and due to its position in Islam, there have always been individuals in societies who have tried to create doubts among Muslims about the honesty of the Prophet and his prophethood. This issue is still prevalent today. In this descriptive-analytical study, the approach of the Imami criminal jurisprudence regarding doubts about prophethood is explained. For this purpose, after stating the opinions on the issue, the evidence and foundations of each opinion have been analyzed and examined. The result is that although some jurists have absolutely believed in the proof of the death penalty for doubts about prophethood, their documents do not have the ability to prove their claim. Rather, in case of the title of apostasy being applied to the one with doubts about prophethood, he can be sentenced to the prescribed legal limits. Otherwise, the Islamic government must take the necessary and appropriate measures to remove doubts.

The foreign exchange market (forex), as the largest financial market in the world in terms of trading volume, is a new international market that has created a new opportunity for currency exchange and has attracted the attention of governments and nations, including Muslims. Therefore, it is necessary to understand the relevant rules and regulations of this market and to examine its jurisprudential issues. Since no comprehensive research has been conducted on the jurisprudential examination of the principle of entering this market and its branches and details, this article examines the evidence of the prohibition of entering this market, which has been raised by the Central Bank and the Stock Exchange Organization, and does not fully understand the evidence of the prohibition of entering it, and on the other hand, it examines the legitimacy of opening an account in this market and analyzes the three forms of transactions (normal transactions, margin transactions, and contract for difference (CFD)) in this market from a jurisprudential perspective. The result is that there are eight forms of transactions in the first form, most of which are not valid, but in the second form, in addition to the previous problems, the problem of usury is also raised, which is void in case of dealing with the same type of currency, and the ruling is different according to different jurisprudential foundations. In the third form, which is based on the fluctuation of currency prices, the legitimacy of it is examined according to different foundations, and various possibilities regarding the nature of this transaction are raised. In addition, details such as whether the transaction is carried out by the person or the agent or whether the transaction is normal or virtual are also considered. Of course, it is clear that achieving this goal is possible through describing and analyzing jurisprudential propositions by collecting library data.

Anesthesia is a process in which a person is unaware of their body and the surrounding environment, and depending on its degree, may not respond to external stimuli. Throughout the history of medical science, anesthesia methods have also developed and various types of anesthesia are now used for various purposes (such as prevention, diagnosis, and treatment of diseases, and pain reduction). One of the important jurisprudential issues in this regard, which has been neglected so far, is the voluntary use of anesthesia in non-essential situations. In this article, based on evidence such as jurisprudential rules, narrations, rational principles, and analogies to similar cases, the Sharia ruling on voluntary anesthesia in the mentioned cases is examined, and its permission - especially if it leads to intellectual benefits - is concluded. However, only in some cases (such as harmful situations, etc.), we have not considered it permissible due to secondary titles, but ultimately its primary ruling is permissible.

The possibility or impossibility of increasing the Mehr (dowry) after the marriage contract is one of the challenging issues in Islamic jurisprudence. Some have considered it possible to increase the dowry after the marriage based on some general principles such as the rule of domination, providing some analogies, and contrary answers such as the combination of the ruling with the variability of the Mehr in cases of calculation based on the current rate, which is the most common form of legal rights. On the other hand, some consider dowry as an essential part of a contract and, just as the principle of a contract is not changeable, they do not consider the Mehr to be changeable either. Some have also provided detailed explanations and considered the increase after the contract to be permissible if mentioned as a condition during the contract. In this article, using a descriptive-analytical approach and qualitative method in analyzing the information, the author, while examining the important jurisprudential opinions and arguments in the issue, critiques the opinions and evidence and, relying on the nature of essential contracts, the jurisprudential rules of dowry, the nature of conditions during the contract, the rule of no harm, and the prohibition of deception, has come to five assumptions and in some cases has considered the increase permissible.

One of the prohibited and criminal acts is aiding and abetting in a crime, which is considered under the rules of jurisprudence and law. What has been explicitly stated in both jurisprudence and law is the allocation of aiding and abetting to positive acts, but by examining cases in both fields, it is found that both have accepted the truth of aid in relation to negative acts (abstaining from an action); especially in the field of law, where aiding and abetting in a crime is not only accepted as an independent offense in various legal provisions, but it can also be considered as one of the cases of aiding and abetting in a crime. Just as in jurisprudence, it has been explicitly stated that aid is attributed to abstaining from an action. In addition, examining the nature of aid and abetting shows that these two abilities have this generality, and therefore, they have been used with the same semantic scope in customs and some narratives. Therefore, it can be claimed that aid and abetting, even according to the practical confession of opponents, do not apply solely to existential prerequisites and can also include negative prerequisites; just as the principle of sin and crime is also included in this generality.

According to Shiite jurisprudential texts, the endowment (waqf) must be used for the purpose and intention of the endower, except in situations such as the destruction of the endowment object or the expiration of the endowment's formalities where the implementation of the endower's intention is not possible. In such cases, some jurists issue a fatwa allowing the use of the endowment where it is closest to the endower's purpose, while others oppose the use of the endowment for any other purpose. This paper, using a descriptive-analytical method, is divided into two parts: the first part examines the absolute expression of the endower's intention and whether expanding the circle of the endower's intention conflicts with the original intention or not. Using valid linguistic evidence, it can be proven that expanding the circle of the endower's intention does not conflict with the original intention. The second part deals with situations where the endower's purpose is fulfilled, but we want to add additional uses to the endowment. Different opinions of jurists are presented in this part, which requires further investigation, but ultimately, it is revealed by examining the words of the jurists that there is no conflict. By applying permission and disavowal, custom, and the rule of permission in an object, permission to extend the uses of the endowment is concluded. Careful examination of previous research shows that the subject of these studies is usually about the sale or conversion of the endowment, but in this article, the permission to extend the uses of the endowment is examined.