مجله مطالعات فقه امامیه
پیاپی 12 (بهار و تابستان 1398)

One of the issues contended by jurists is the legitimacy of claiming compensation for damages over and above blood money (diyah). The question is whether or not the victim can claim compensation for any injuries or losses suffered by him for treatment, medication, disablement etc. The importance of this subject is due, mainly, to the fact that modern economic structures have grown more complex, and medical expenses have increased and treatment of injuries and subsequent expenditures can be more than the blood money itself. Therefore, the victim may be compelled to pay for unaffordable medical costs in addition to suffering the injuries and afflictions. Among the reasons that may be taken recourse to in order to substantiate the possibility of claiming compensation in excess of the blood money is 'the principle of no harm'. There are two reasons why this principle can be used: First, the blood money is a kind of compensation, second, the principle of no harm includes non-existent affairs. In this study, efforts have been made to study this subject from a jurisprudential perspective using an analytical descriptive method. The article critically assesses various arguments as well as aims at proving the aforementioned two fundamental elements.Thus, the present research deals with the jurisprudential basis of the compensation in excess of the blood money with emphasis on the 'the principle of no harm' including non-existent affairs.

Social problems emanating from hefty dower are not hidden to anyone. What is worth studying here are the strategies to overcome this social challenge. Jurisprudents widely believe that there is no upper limit for dower and that fixing a limit is unlawful and runs counter to Islamic teachings. As well, according to a well-known opinion, unlike temporary marriage, the status of the dower is somewhat independent in permanent marriage. Therefore, certain hypothetical situations have been considered in Imamiyyah jurisprudence where Shiite jurists have ruled the validity of permanent marriage and invalidity of the dower wherein the husband will be obliged to pay mahr al mithl (average mahr), or pay mahr al-Sunnah (recommended mahr) or mahr al-musamma (mahr agreed by the couple and specified by them in the contract) . By reviewing jurisprudential and legal texts while using an analyticaldescriptive approach, the author seeks to study marriage contract, dower and its impacts as well as provide legal solutions to invalidate the hefty dowers and convert them to mahr al mithl. Such strategies which are generally based on violation of the subject of mahr or on conditions that are a part of the contract or out of it help the couple to invalidate the agreed upon dower and convert it into mahr al-mithl.

Organ trade is the trade of human organs, tissues, or other body products, usually for transplantation. There is a global need or demand for healthy body parts for transplantation, which far exceeds the numbers available. Today, huge sums are paid in the transactions in human organs like kidney, cornea etc. Some even compete with others to get them. Many Muslim scholars and jurists forbid commercial transactions in human organs and they are referring to evidence and proofs which suggest prohibition of any kind transactions involving purchase and sale of human organs. This article seeks to delve into Islamic sources and references to answer this question as to whether organ trade is allowed in Islam or not. Is it permissible to carry out such transactions in Islamic jurisprudence? If yes, how is it possible to tackle the presented challenges? Both the proponents and opponents of organ trade have their arguments to offer. Some of the jurists who are opposed to the trade have referred to some Quranic verses such as the verse 110 of Surah al-Nisa and 173 of Surah al-Baqarah as well as to some narrations from the Pure Imams, may peace be upon them. Moreover, they have said that organ trade also entails hurting, inflicting harm, amputation and mutilations which are all causes of prohibition of such transactions. On the contrary, the proponents have offered the concept behind the permissibility of these actions saying it is essential that human dignity be preserved and the life of an individual be protected. They have also turned to some verses and narrations in this regard. This article seeks to discuss this topic under two discourses. First, it discusses transactions in human organs and then it embarks on presenting and explaining the opinions of the proponents and opponents organ trade and transplanation.

Commercial ads are a new topic and a new part of everyday life. The goal and motivation of this research is to infer and derive the Islamic legal rulings of commercial advertisements. Relying on juridical and hadith sources the author concludes that a part of the rulings of commercial ads can be inferred by making use of certain juridical titles or headings like deception or fraud, cheating, the prohibition of lying, the prohibition of sexual excitation, the prohibition of inflicting a harm upon others, the prohibition of tempting others to buy to something after the owner has increased its price and the obligation of being benevolent towards a brother in faith. Relying on these headings, the author turns to the related narrations to explain a part of the rulings of commercial advertisements. Under each heading, the author provides examples and also elaborates on the duty of the visual media in this regard.

Among the important issues facing Islamic jurisprudence and Shia jurists unavoidably and which are considered to be one of the big global challenges of the modern time are the problems pertaining to animals. Shia jurisprudence being a comprehensive field of Islamic sciences and bearing great features and unique aspects addresses these challenges in a befitting way. The present article having gone through Islamic jurisprudential sources presents strategies and solutions to problems concerning animals and beasts. Thus, by taking a look at Islamic jurisprudential texts, we come to the conclusion that the jurisprudential strategy is the protection of animal rights. In addition, there are special solutions and teachings about animals which have been discussed in detail

Among the most sensitive and important periods of life is the adulthood period. In various Islamic denominations, different signs have been mentioned for puberty or adulthood such as wet dreaming, menstruation, pregnancy, growth of coarse hair on the pubic area, the armpit giving foul smell and attaining a specific age. The present study using an analytical descriptive method seeks to study the age of puberty in Islamic Shari'ah as well as in the civil code of Iran. After an in-depth study of the subjectmatter, the author has concluded that there is no consensus among Muslim jurists regarding the age of puberty. The topic is controversial and therefore, Muslim scholars have different opinions in this regard. However, according to a well-known opinion, boys attain the age of puberty at the completion of 15 lunar years while girls attain the age of puberty at the completion of nine lunar years. Sunni jurists have four opinions in this regard. Iran's civil code being subservient to Shia jurisprudence states that the legal age of puberty is 9 lunar years for girls and 15 lunar years for boys. Iran's civil code reaffirms the age of puberty recognized by Islamic Shari'ah. However, the difference is that in financial and criminal matter, this age of puberty is not considered enough. In fact, it asserts that in such matters the mental and physical maturity of the boy and girl must be ascertained so that his/her legal and financial conducts may be considered as valid. The civil code does not specify an age as a legal indication of puberty. In practice, Iran's legal system has accepted 18 years as the age of mental and physical growth. Thus, those who have attained this age are treated as mature and their actions are considered as valid.