جستجوی مقالات مرتبط با کلیدواژه "شرط" در نشریات گروه "علوم قرآن و حدیث"

 Knowledge of principles (Uṣūl) is a tool for understanding religious texts concerning various topics. Thus, many commentators have benefited from this knowledge in their interpretive writings and believe that its teachings have a significant effect on reaching the meaning intended by the Almighty God in the words and sentences of the Holy Qur’an. The main question of the present research concerns the role of the concept of condition in interpreting the verses. This study, using the descriptive-analytical method and presenting the chosen theory, aims to analyze the role of the concept of condition and express how it affects the interpretation of the Qur'an. Some of the Qur'anic and objective applications of this concept have been elucidated on a case-by-case basis, in order to realize the effective role of the knowledge of principles in interpretation. The results of the present research indicate that in view of the dissension between the Uṣūlists regarding the existence or non-existence of the concept of condition, commentators also vary in their viewpoints depending on the adoption of either of these two bases and they have presented different understandings and interpretations of the verses. Furthermore, this viewpoint has proven influential in Āyātul Ahkām and has had different jurisprudential implications and will continue to have.

The science of principles and interpretation are considered to be long-standing knowledge in Islamic sciences, by carefully examining these two sciences, it can be seen that many topics of the science of principles are effective in the interpretation of the Qur'an and provide conditions and conditions for the interpreter to be able to fully and accurately understand the Qur'an. have Quranic verses. The discussion of the concept of condition in the principles of jurisprudence is one of the topics needed by the commentator of the Qur'an. This topic has a significant impact on the interpretation of the Qur'an and achieving God's intention from the words and sentences of the Holy Qur'an. The purpose of this article, written in a descriptive-analytical way, is to search for the role of the concept of condition in interpretation and to express how it affects the interpretation of the Qur'an along with the explanation of some of the most important objective and practical applications in the interpretation of the Qur'an.

A logical proposition may be conditional or unconditional. Condition is expressed in propositions with specific purposes. Logic, which is responsible for analyzing propositions and expressing its judgments, has introduced propositions in which different methods of condition are presented. This article seeks the possibility of condition in propositions and presents different methods of condition in them. The next purpose of this article is the function of condition in each and expressing their distinction. A proposition has elements and components, and the conditions can be considered for each of them. Condition in propositions is related to judgment, direction and subject. The judgment in propositions is undoubted. Therefore, if a judgment is suspended and conditional, it is stated in the form of a conditional proposition in order to include suspention and undoubted states both. Other forms of condition are in the form of predicative propositions and more in the subject area. Conditional modified propositions are those in which the condition refers to the direction, and in real, conditional, hypothetical propositions the condition relates to the subject

Regarding the relationship between the condition and the contract, many different and contradictory views have been expressed, which are mostly related to the previous analyzes, ie the views of ancient jurists, and the latter, ie the views of contemporary jurists, have not been studied. According to the majority or the views of the ancient jurists, the conditions of the contract are subject to the original contract in terms of occurrence and survival, but; According to another view, which is believed by some contemporary jurists, the condition and the contract have nothing to do with each other. According to the proponents of this view, by separating the conditions, depending on the independent and dependent condition, and appealing to the existing principles, they state that the independent condition is subject only to the "occurrence" of the contract, but its "survival" and the rulings on such conditions. , Is a function of its nature, so it is created by writing a contract, but according to the intention of both parties or the rule of law or the nature of the condition, it has the capacity to survive and is not a function of survival and validity of the contract According to this view, the condition has nothing to do with the contract, and therefore all the initial conditions are valid and must be fulfilled, and if the condition is fulfilled correctly, it must be fulfilled, and if it is not valid, it is not valid, so it does not invalidate the contract. The present article, which has been written in a descriptive-analytical method through libraries and documents with the aim of examining the opinion of contemporary jurists on the relationship between condition and contract, concludes that: According to the theory of some contemporary jurists, condition is always an independent commitment. It is from the contract. That is, in fact, in a transaction in which a condition is included, two obligations are made independently of each other, and based on the obligation of the condition being independent, the validity and corruption of the condition have no effect on the contract.

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.

although the principle of immediate transition of the ownership has been accepted in Shiite jurisprudence and the Law of Iran, it is not one of the commanding rules and public order. Thus, by inserting the condition of reserving ownership in the contract, both contracting parties can suspend the time of transferring of the ownership to fulfilling of this requirement. The nature of these requirements is suspending of the ownership not the contract. Due to this requirement, the ownership remains for the seller and dose not transfer to the costumer till its fulfilling, but the costumer acquires a kind of objective right to this object of sale. After the settlement ofthe contract, if the object of the sale is delivered to the costumer, the hand of the costumer in regard to the object of the sale will be a trust hand. Paying the price to the costumer has not a retrogressive effect in transferring of the ownership and the both parties also can agree on that effect. If the costumer become bankrupt before paying the price and the object of the sale is available, the seller can ask for its restitution

The condition “on ability” is one of the common condition that enters within marriage contract in marriage portion (mahr). The direction dated 7/11/1385 related to registry organization for deeds and real estates has offered a formal appearance to this phenomenon. But it is noteworthy that there are some observations. Firstly, the identification of this title to suspension and conditional title is more manifest than comparison it to title of condition in its especial verbal meaning. Secondly, from one hand, entering it within the contract means that the promise which is arisen by the consent on marriage portion is a real obligation, and on the other, the ambiguity of the period of acquisition of ability may cause, by the beginning, some struggles and disputes, and this matter in our jurisprudential and legal literature is called “risk” (gharar) and it is forbidden. And as a result of entering “on ability” condition within contract, the specified marriage portion (mahr -al- mosamma) will be canceled.

The paper analyzes the relation between the contract and condition, presenting five jurisprudential opinions and studying their reasons and effects. First, the contract is like a receptacle to the condition; second, the condition is the outer or visible parts of the two sides; third, the condition is only the outer or visible parts of the two sides; fourth, the condition is the dependent part in a mutual consent; and fifth, the condition is themotivation in a mutual consent. The author elaborates each opinion and criticizes their reasons and effects. Rejecting four opinions, he proves the fifth one.