نشریه فقه اهل بیت
پیاپی 68 (زمستان 1390)

The essay considers definition of hoarding and then reviews related subjects as its positive law, the meaning of hoarded goods, duration of hoarding, secondary rules of hoarding, forcing the hoarder to sell his goods, and possibility of pricing the goods by the government. Furthermore, the author examines validity of the Hadiths concerning hoarding and focuses mainly on the decrees of Sheik Ansari and Ayatollah Khoei.

In Continuation of the series in resources of the Islamic government, the author examinesKhoms, Alms (or Zakat), and public religious endowments in the view of Jurists. Half of the six-fold shares of Khoms goes to Imam, i.e. the legal guardian, and the rest belongs to the orphans and the poor ones of BaniHashem; however, the legal guardian divides and distributes the latter. Alms, or Zakat, is defined to certain uses and the one who pays that can give it to the poor directly; however, if the legal guardian asks for the alms, he should be given. Public religious endowments are properties which should be in the hand of legal guardian to be kept and to be distributed accordingly.

Besides harmful social consequences, car accidents cause many problems in private relations of individuals. The law of civil responsibilities clarifies most of the rules of accidents and for blood money absolutely helps the penal law. Conventional rules, concerning responsibility and accident insurances, play an important rule for they bring subtle discussions on the effects of insurance contract on the insured person, the insurer and the third party being injured. The law of civil adjudication elaborates certain ways of legal procedures and manages legal claims with its variety of means. Furthermore, the rules of inheritance should not be forgotten because of the difficulty of setting an essential rule for the cases in which all parties inherit from each other. Such cases, although not too much in number, should be precisely evaluated and discussed. Since the families travel together and with one vehicle, it can be supposed that some members, who inherit from each other like wife and husband or parents and children, die simultaneously.

Since in Islamic Fiqh life and death are of religious nature, being brain dead as passing the boundaries of being alive is of great importance. This essaytries to examine the subject of brain death, firstly, from a medical point of view, and then, from a legal and jurisprudential one. The view which is defended by the author is that brain death and vanishing of the soul are equal; a view which suggests the absolute death of a certain human being in the supplementary protocol to "Brain Death and Organ Transplantation Act".This attitude is based on the authority of certain custom on the matter, and the jurist's decision due to the specialist's view on equality of brain death and absolute, clinical death. Although religious orders concerning the dead body do not apply to the brain dead person unless the blood circulation ceases and the body turns cold, continuation of medication is not necessary anymore and presuming the emergency of the case, transplanting the organs is permitted.

The Internet has brought many opportunities and challenges to all humanity, in general, and the Muslim societies, in specific. One of the achievements of this worldwide net is the trading via online or internetbased systems known as "e-commerce" which has resulted in new legal and jurisprudential issues, all of which require suitable answers bythejurists.In traditional Jurisprudential system of trading and certain contracts, Shiite jurists have elaborated jurisprudential rules and choices of trading. This essay first examines the concept of e-commerce, and then tries to concisely match up some subjects in jurisprudence of trading with e-commerce.