فهرست مطالب seyyed kazem haeri

In Fiqh, there have been mentioned several conditions for sale contract; some of them are the conditions for two sides of a contract, some of them are the conditions of objects of sale and some others are the conditions of the sale contract itself and the formula of the contract. The current research is examining four terms and conditions of the sale contract and its formula; the condition of Tanjiz, correspondence between offer and acceptance, fulfillment of offer and acceptance from two sides of contract if the initial Inshaa’ is permissible, and sequence in offer and acceptance. In addition to mentioning these terms and conditions, in this article, the meaning of these terms will be analyzed and the correct view will be clarified.

Assuming political guardianship for jurisprudents, this article provides two jurisprudential solutions to resolve the conflict between religious authority and leadership in taqlid [imitation] arena. First solution which is based on reasoning through literal reasons in the field of taqlid and judgment by intellect and second solution which is based on reasoning through a rule in Islamic jurisprudence called "tazahom [conflict] and tarattob [succession] both conclude that whenever the most knowledgeable religious authority in not qualified for leadership while the one who is the leader is not the most knowledgeable, it is preferred to do taqlid of [imitate] the religious authority who is the leader.