جستجوی مقالات مرتبط با کلیدواژه « Individual Jurisprudence » در نشریات گروه « فقه و حقوق »

Digital currency is an economic idea derived from the development of modern computer technology, which has provided a new context for investment and money transfer for humans. Since the entry of digital currency into the economy of countries, the supervision of governments in the financial field faces challenges, for this reason some countries deal with this issue with more caution and sensitivity. Considering the entry and activity of digital currency in our country and the doubts and ambiguities that exist on this issue from a jurisprudential point of view, it is necessary for the Islamic Republic of Iran, as a Shia government, to respond to these ambiguities. In this article, it has been tried to explain the nature of digital currency and its buying and selling with the approach of individual jurisprudence. The current article is descriptive and analytical and explains the topic using the library method. From the perspective of individual jurisprudence, the nature of digital currency has been adapted and examined in the structure and framework of the company contract, the Ja'ala contract and Hiyazat Mobahat (Possession of free and ownerless property).

Shiite jurisprudence despite the profoundness of various subjects and different spheres of human life, in comparison with Sunni jurisprudence, has always been far from social positions and has grown on the margins of the political and social life of the society. If this issue considered from its sociological effects aspect on the nature of sciences,  indicates the fact that Shiite jurisprudence is essentially individual and partial in nature In addition to the external supporting points, jurisprudence in its internal aspects, the stage of recognizing the creed and subject, and then, applying the creeds to the subjects based on partial logic, which are the result of the basic and philosophical roots of this knowledge based on Aristotelian logic. In this article, we attempt to explain this methodology by analyzing this kind of methodological individualism in Shiite jurisprudence. In contrast, the authors argue that the theory of legal edict provides a capacity in the field of social and governmental jurisprudence, which can be said of social duties and obligations.

Within the past decade, cryptocurrencies, including Bitcoin, have been among the resultants of information technology development in the international and even internal financial system which have had benefits such as the expansion of international currency exchanges and cheeping against challenges like increase in a number of crimes like money laundering and violations of financial and economic order of the countries. From the individual jurisprudence point of view, the cryptocurrencies are considered as a kind of property and their transactions are not usorious and uncertain (Gharar); therefore, if the trading base of cryptocurrencies is correct from the jurisprudential point of view, the exchange of cryptocurrencies is permissible in legal terms. But if the trade base of cryptocurrencies is not legitimate, their trade is void and forbidden. From the point of view of governmental jurisprudence, however, the status of cryptocurrencies exchanges is different.  In accordance with no harm, respect, government system maintannace, action (Iqdam), and justice principles, all of which prevent the implementation of inappropriate monetary policies and the excessive increase in the amount of money in the Islamic economic system, it is essential that their trading is prevented until a legal system for the control of cryptocurrencies have been created by the government in the economy of the country.

Social sciences as humanistic Knowledge manage and regulate the human social life. The jurisprudence also deals with the study of the requirements and the results of the holy legislator contingents. From this perspective, the jurisprudence can be founding models for managing Muslim community. According to the studies, Insistence on individual Jurisprudence and Lack of reviewing in it, will not work for social management. Maximalist means the maximum citing personal issues, public management and governance issues into religious texts and rules. Reaching to this point of view about Jurisprudence indebting to an expansion occurred in Shia’s Jurisprudential system through a special method which called “Ijtihad”. Maximalist with its three forms had been the mainstream in the history of Shia Jurisprudence. The first form of maximalist accepts religious texts as a main source of knowledge and discovers individual duties and social rules from them. The second stream of Maximalist, focuses into systematic deduce from texts. The third form of maximization, with the advent of the civilization of modernity and the ultimate goal of human development through the rule of humans, is to seek to cope with it through the supervision of social evolution, backed by the theory of the rule of the jurisprudent and the organization of jurisprudence. This theory reached maturity in political and juridical practice of Imam Khomeini.

Common jurisprudence is a methodological knowledge in order to infer religious terms of ruling. The nature of this method is based on dissolution and decomposition logic. On the other hand, government jurisprudence that derives from a social need, believes in the evolution of the method of discovery of a ruling, the recognition of subjects and the conformity of sentences to matters based on compilation logic. The result of these two looks is methodological differences between individual and government jurisprudence. The authors in the present study, with a quadratic and methodological study, seek to analyze and express triple Difference between individual and governmental jurisprudence.