جستجوی مقالات مرتبط با کلیدواژه "متعلق خمس" در نشریات گروه "فقه و حقوق"

Khums is one of undoubted rules of Islam, which can be deduced from the verse "Know that whatever property you may gain, one fifth belongs to God and the Messenger ..." (Anfal: 41) and because according to some jurisprudential views it is considered as the financial resources of the Islamic government, it is also important in terms of public finance law. In Imamiyyah jurisprudence, khums includes all incomes, but in Sunni jurisprudence, there is no such generality. The majority of Sunni scholars have accepted that the word "ghanimtum" has a wide meaning, but have limited this inclusion with arguments such as consensus (ijma'). However, some Imamiyyah jurists at first have limited this word to war booty and then extended its ruling to other incomes based on Islamic narrations! Such a contradictory approach to the interpretation of this verse raises the question of how the Imamiyyah jurisprudential views on the verse were formed and what caused the lexical error for this group of Imamiyyah jurists. This article examines this hypothesis that the most important reason of this disagreement is mistake between the meaning of the Fa'il form (ghanim) and the Fa'ila form (ghanimat). This research is an interdisciplinary study with jurisprudential, interpretive and syntactic methods.

According to the Islamic  jurists' Idjma, Khums of profits of income must be calculated after deduction of customary expenses of the duty-bound and those family members  entitled to receive maintenance; hence the need to determine the beginning and end of a period to calculate expenses. The results of this research are as follows: first. Determination of Khumsi year has not been expressed in any parts of the narrations and the Ali ibn Mahzyar's narration which is resorted to has been issued by the Infallible under the exceptional circumstances of the particular time and recourse may not be had thereto in this regard.  The authority of narrated Idjma is also refused given the opposition of some Islamic jurists and the fact that its source is known and due to its contradiction with Imam Sadegh’s narration. In addition, the beginning of this expanded duty is not either the start of the business or lapse of one year from the start of the business or the rise of profit, but the only criteria for duty to pay Khums is the rise of profit and it being surplus to expenses. Distinction between businesses with immediate or gradual incomes is meaningless too.