پژوهش نامه فقه اجتماعی
پیاپی 13 (پاییز و زمستان 1397)

The promissory note is one of the most widely used documents in today's economy, which paid less attention to it unlike the bill of exchange. Some Imamieh jurists have commented on the nature of promissory note. Reviewing and reflecting on the opinions of Imamieh jurisprudence shows there are two categories of theory about the nature of the promissory note. First is the theory of the practice of not legalizing speculation, Includes theories of "documentary" and "acceptance of remittance".  The second theories based on the legal practice of promissory note promissory notes, including the "contract of assignment", "contract of guarantee" and "contract of mandate" theories. Firstly, the issuance of speculation seems to be a legal act, not just one the material practice and the setting of a document and, secondly, the nature of this legal action according to the clean criteria between the contract and the "Ieqa", and its theme is "the creation of a commitment unconditional payment to the Holder in the provisional ordinance".

Considering the wide use of Bank's Civil Participation Contract in the relations between customers and banks, the Markazi bank set the contract form for improving the quality of the contract in 2013. However, there are doubts about the terms of this contract. In this regard, in this study, two of the articles of the contract on civil partnership have been investigated. . Finally, it became clear that the suspicion of usury (Riba) applied in the term of guaranteeing profit. . In the case of the term to guarantee profit, it should be noted that this condition should be removed from the text of the contract. Accordingly, bank with number of preventive and assertive methods such as ensuring the profitability of the participation plan in different circumstances, obtaining adequate and liquid guarantee, credit and honorability of the client (partner) and the receipt of it according to his account records in different banks can minimize the loss of the participation plan and release the customer from bad account. Also, regarding the terms and conditions contained in the text of the contract, they can be adjusted to the discretion of the bank and the client and, as far as possible, the principle of justice and fairness are observed. The methodology of this research was in the form of a library and, in some cases, an interview with experts.

One of the most important concerns of today's societies is the creation of ways to communicate and interact in transactions and contracts as much as possible. On the other hand, the contracts existed in ancient times (age of sharia), is limited to specific molds that using them at the present time will make the human life and the level of their interactions difficult. Therefore the liberty of Contract Principle which have a long history of trading, finds special significance. In order to prove the legitimacy of emerging contracts, jurists have abandoned various religious arguments. One of the most important reasons is; the verse 29 of Surah Nisa. In the present article, written in descriptive-analytical manner, the provisions and the words of this verse, the amount of implication and the mistakes that have been made against emerging contracts have been investigated. The research results indicate that the above verse implies the validity of new contracts and contracts.

According to the famous juristic opinion, each contract needs to two volition unlike the Ieqa which needs to one. In this research, According to Jurisprudential teaches, we express four main Criterions of differences between contracts and Ieqa. After that, we criticize this theory and we proof there is a third option. Based on the findings of this research, if the legal act hes needed to requirement (Ijab) from one side of contract and satisfaction from other side, we call it "The Special Ieqa". This triple division of legal acts will have several essential effects. The most important of these is the elimination of differences between jurists and jurists about a lot of legal issues such as; contract of command, contract of endowment, contract of guarantee, contract of mandate, and contract of reward.

Rangeland and plants are one of the most effective and most beautiful symbols of the smart figure of nature which provides many human needs. On the other hand, rangelands are one of the most important soil conservation factors, and on the other hand, they create beauty and vitality and happiness for man and also they store water in underground aquifers. One of the most important things in jurisprudential studies about the rangelands is the property and possession sentences of them. Research achievements, with analytical - descriptive method, clears that the rangeland are port of Shia’s leader assets (Anfal). According to this, the Shia’s leader can render pastures to others based on expedient and justice.

The used interests are the benefits that a person enjoys from them, after obtaining the property of another person. There is in Islamic jurisprudence a consensus of guarantee corpus of property but to the interests, there is a duality based on whether the interests such as corpus of property are they in the category of property, or are they not. The majority of jurists believe that the interests are the property because defining their interests is true as well as the purpose of property, their interests, and there is no valid reason for belonging to the corpus of property, also the custom and the word property include the corpus and usufruct. With reference to the fact that there are no tangible benefits, some jurists do not accept the inclusion of property on profit. The proponents of the first theory are on two attitudes. majority theory, for reasons such as legal formulas destruction, liability of unlawful possession, consistent usages law principles, have been guaranteed the benefits used, but the minority theory which is attributed to ibn Hamza by adhering to the advantages and interests of an object follows the risk rule does not guarantee the benefits used.