According to certain articles of the Islamic Penal Code and provisionsenvisaged under the same, the Islamic judge, or in other words, the PublicTreasury is responsible to pay the compensation for murder to the avengers ofblood.Surveying the legal foundations of the liab More
According to certain articles of the Islamic Penal Code and provisionsenvisaged under the same, the Islamic judge, or in other words, the PublicTreasury is responsible to pay the compensation for murder to the avengers ofblood.Surveying the legal foundations of the liability of the Public Treasurytowards compensation for murder, the author in this article has reached thefollowing conclusions:1. The liability of the Public Treasury in some cases including thatmentioned in article 236 of the Islamic Penal Code – majority ofjurisprudents have issued Fatwa on the same issue on the authority ofan event of the earlier days of Islamic – is under question and subjectto criticism.2. Considering contemporary common and social conditions which arequite different from the time of the issuance of Hadiths concerningthose liable to the compensation for murder including the PublicTreasury, it is possible to present alternative mechanisms moreconsistent with temporal requirements. Thus it is suggested that thelegislation reconsider the above – mentioned articles and revokearticle 236 of the Islamic Penal Code.
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Giving and receiving gifts in Imam Ali' era has involved the researcher for a while. Therefore, a study has been done to observe what the conditions of giving and receiving conditions are. Analysing literal, historical and document from the first centuries of Islamic er More
Giving and receiving gifts in Imam Ali' era has involved the researcher for a while. Therefore, a study has been done to observe what the conditions of giving and receiving conditions are. Analysing literal, historical and document from the first centuries of Islamic era and the Nahj (written by Imam Ali), we aimed to find an answer to the question. The results showed that Imam Ali had criteria for giving and receiving gifts. One of these criteria was that the gift must not be from the public treasury. The gift must be simple and ingenuous. It must not be given in anticipation of getting a position. He was eager to receive gifts from the secluded poor or ex-wealthy societies. He was willing to give and receive gifts from neighbours. He severely criticized and responded to the brokers who provided gifts from the public treasury. Keywords: gifts, Imam Ali (peace be upon him), public treasury, simplicity
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Giving and receiving gifts in Imam Ali' era has involved the researcher for a while. Therefore, a study has been done to observe what the conditions of giving and receiving conditions are. Analysing literal, historical and document from the first centuries of Islamic er More
Giving and receiving gifts in Imam Ali' era has involved the researcher for a while. Therefore, a study has been done to observe what the conditions of giving and receiving conditions are. Analysing literal, historical and document from the first centuries of Islamic era and the Nahj (written by Imam Ali), we aimed to find an answer to the question. The results showed that Imam Ali had criteria for giving and receiving gifts. One of these criteria was that the gift must not be from the public treasury. The gift must be simple and ingenuous. It must not be given in anticipation of getting a position. He was eager to receive gifts from the secluded poor or ex-wealthy societies. He was willing to give and receive gifts from neighbours. He severely criticized and responded to the brokers who provided gifts from the public treasury.
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Although Taqas (Offset of debts) is an undisputed precept of Imamiyah jurisprudence and there is no dispute over permissibility of setting off debts from natural persons' property by taking the debtor's property -who denies to pay off his debt- without his More
Although Taqas (Offset of debts) is an undisputed precept of Imamiyah jurisprudence and there is no dispute over permissibility of setting off debts from natural persons' property by taking the debtor's property -who denies to pay off his debt- without his permission, the issue is to set off debts from government-owned property, i.e. is it permissible for natural persons to set off debts from legal persons' property? In spite of the importance of the issue, Imamiyah jurists have not discussed the matter except some hints given in margins of some chapters; or in response to some requests for judicial opinion from Imam Khomeini and some other contemporary scholars. After mentioning the viewpoints in this regard, this paper states the reasons of permissibility of Taqas from government-owned property and discusses them to evaluate the possible objections supporting the impermissibility view and finally according to Sahiha of Davoud Ibn Razin and concerning generality and absoluteness of some other reasons of Taqas consisting of Quranic verses and narrations, it deduces that under some conditions, it is permissible to set off debts from government-owned property.
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