نشریه فقه اهل بیت
پیاپی 69 (بهار 1391)

Having provided a definition for gender change, the author enumerates its different types offering the jurisprudential ruling for each one respectively:1-Although it is imaginable, but it is impossible to completely change a healthy male or female's gender by surgery. Therefore this type is excluded from the discussion.2-Gender change in transsexuals is not literally a gender change but it is changing the existing gender to the same gender in an incomplete fashion; in fact it is damaging the existing gender. Based on numerous jurisprudential reasons, this type of gender change is haram [forbidden].3-Gender change in non-problematic androgynous is in fact discovering the person's real gender to complete it. According to primary principles and laws this type of gender change is permissible.4-Since it is impossible to identify problematic andrgynou's gender therefore real gender change is impossible too. Additionally this type of person can not be classified as male or female by virtual gender change. Whatever the intellect rules as necessary in this case is to remain cautious [and not give a decisive ruling].

This article revolves around the direct ways to prove the sighting of the new moon based on Islamic sharia [jurisprudence]. Having defined the natural new moon and having explained how it is formed and how it has been brought up in jurisprudential texts, it has been discussed in two aspects as following:1-Identifying the title under which the ruling for moon sighting can be placed,2-Studying the direct ways (sensory) to sight the new moon based on general and specific arguments.

Tavarroq is a contract aimed at financing and providing cash flow and has been discussed in most jurisprudential schools under bei' alainah[to sell the product at a high price on credit and buy the same product at a lower price paid in cash]. Recently it has been used by some banks in Arab countries while it has opponents and proponents among Sunni scholars. Due to its application for finance and turnover among traders and manufacturers, it is prudent to investigate its permissibility from the viewpoint of Shiite jurisprudence. In this article Shiite's viewpoint about this contract has been extracted using jurisprudential resources. Results indicate not only there is no reliable reasons for invalidity of this contract and its contradiction with general principles and generalities but numerous discussions can be found in Shiite jurisprudence that proves its validity.

Men and women's Noshooz has been mentioned in verses no.34 and no.128 of Nesa' chapter. Observing Quranic application of the term, traditions from masoomin [infallibles] and philologist's opinions have always been the most important sources to find the meaning of single Quranic terms. However, in some cases interpreters of Quran have relied only on philologist's opinions not paying enough attention to the Quranic application of the term.Noshooz is one of these terms. This term seems to mean coupling (with intense attachment) and in marital relations it is interpreted as "excessive desire for intercourse". It is contradictory to what interpreters have stated about this term accepting the meaning of "height" for this term therefore interpreting it as men and women's desire for superiority.Some of contemporary interpreters have not accepted this famous opinion either. Referring to its Quranic application and holy prophet's [PBUH] speech in his last pilgrim, they have interpreted Noshooz as "excessive desire for intercourse", an opinion which is also favored by the author.