نشریه مصباح الفقاهه
سال سوم شماره 6 (پاییز و زمستان 1400)

The phenomenon of perfection and imperfection of text is a cause of conflict in the Hadiths of the Infallibles Imams (AS). It is not possible to avoid this defect except by using the knowledge of jurists and hadith experts. The remarkable book of Jawahar al-Kalam fi Sharh Sharia al-Islam could be a solution for defects of jurisprudential hadiths. The present paper, by a descriptive-analytical method, seeks to study the origin of perfection and imperfection, their identification, consequences and solutions in relation with Al-Jawaher. Findings show that, based on his view: the source of defect are the narrators and writers of hadiths; the signs and evidences are the report of hadith experts, comparing the similar hadiths, referring to the original sources of hadith, similarity of text and authority and the lack meaning clarity; and the defects are lack of order, the worse effect on the fatwa, authority missing, hadith oddness, and etc.; precise narration, referring to the books of hadith and reasoning, relying on the trusted versions, hadith occurrence in the relevant chapter and with Sunni hadith agreement are the sloutions.

There is a lot of dispute about concession as a common way of transaction. Among them, the necessity or possibility of concession in the matter of debt, is the axe of discussion between jurists. By considering the commonness of concession and the importance of its related matters, the present article, by an analytical-descriptive method, firstly establishes a primary principle in the issue and then based on each of the two jurisprudential views around the necessity or possibility of concession, these two ideas have been examined. According to these surveys, the primary principle in the issue, based on the idea of ownership possibility, is the necessity of concession and based on the idea of possession permission, the first principle is the possibility of concession. Based on ijtihadi reasons, beside the primary principle in the issue, whether the concession has been considered as a necessity or possibility, the idea of  necessity is more acceptable. The principle of necessity, the continuity of inadmissibility of debt claiming rule (in the case of debt  feasibility), essentialness of considering the certain cases of Ijma (consensus) which have been excepted out of the necessity, could be the reasons which would prove the matter of necessity.

One of the most important social roles is the matter of leadership in congregational prayers.  Prominent jurists have stated and counted the conditions of: being a Muslim, man, adult, and sane. Most jurists have an agreement on these matters  but there is a dispute about the immorality of  prayer leader which means that who commits sin could be Imam for congregational prayer or not.   Shia jurists have considered this matter as a main characteristic but some Sunni jurists have refused the leadership position of immoral person absolutely and some others considered it permissible absolutely. Others have distinguished between definite and ambiguous immorality or justifiable and unjustifiable immorality. The ideas and reasons of jurists have been discussed with a comparative method and it will be concluded generally that most jurists (based on their own sects) have denied the prayer leadership of immoral persons.

One of the important issues which has been used by jurists in the knowledge of jurisprudence is the characteristic revoking. Characteristic revoking means to avoid the involvement of a specific characteristic of the subject for making a verdict and its generalizing for other subjects. Despite the importance of this matter, the characteristic revocation criteria has not been revised. Considering the special place of Imam Khomeini and his notable jurisprudential principles, the present article, by referring to his works, the rules of this issue have been described and analyzed and this paper attempts to present a complete usage of characteristic revocation in the jurisprudential works of Imam Khomeini. The research findings show that Imam Khomeini has used mostly this rule in jurisprudence. According to Imam Khomeini's idea, common understanding has a very important and role to practice this rule. Among the conditions and criteria which have been mentioned to use this rule, the existence of indication for revoking, and its non-opposition to other rules.

Reason, as one source of religious verdicts, has been widely discussed among the jurists. Some of them have not considered any authority for reason and some others consider it as a valid source. This paper seeks to study the validity of reason among the reasons to conclude the religious verdicts. In this survey, first the authority of theoretical reason has been discussed and then the authority of practical reason and the matter of good and bad criteria, which play a notable role to gain sharia law, have been examined. The author after proving the authority of theoretical reason and presenting an accurate and correct interpretation of good and bad criteria, tends to conclude that the rule of practical reason is completely related to good and bad criteria and the theoretical reason as an upper factor which leads to this connection is valid. But in contrast, the sharia law has no connection with good and bad based on the reason. Therefore, in this paper, the writer by a descriptive-analytical method has dealt with the named subjects and has tried to present the rational matter in a proper and new structure.