Important Jurisprudential Discourses (book): Difference between revisions

==Issues Related to Economics and Financial Affairs==

# '''Banks:''' The author considers current accounts as "loans" (qarḍ) and fixed deposits as "muḍāraba" (profit-sharing partnership) (p. 344). He validates transactions with state-owned banks by affirming the legal personality of governments (pp. 347-350).

# '''Banking Transactions:''' From the author's perspective, the profit from current accounts is permissible only if it is a unilateral commitment from the bank (pp. 352-353). To validate fixed deposits, he proposes the "muḍāraba" contract (pp. 356-358), and for loans, he suggests using alternative contracts with genuine intent (p. 359).

# '''Money:''' The author considers the value of paper money to be "conventional" (iʿtibārī) (p. 363). Consequently, usury in loans (ribā al-qarḍī) applies to it, but usury in trade (ribā al-muʿāwaḍī) does not (p. 366), and zakat is not applicable to it (p. 369). For long-term debts, he considers the "purchasing power" of the money at the time of payment as the criterion, not its nominal value (pp. 374-376).

==Guardianship of the Jurist (Wilāyat al-Faqīh)==

The author outlines three functions for the jurist: issuing fatwas (iftāʾ) (pp. 392-395), adjudication (qaḍāwat) (pp. 397-398), and guardianship (governmental affairs) (wilāyat) (p. 399). In his view, jurists like the author of Javāhir (p. 402) believe in the general guardianship (al-wilāyat al-ʿāmma) of the jurist, while Sheikh al-Ansari (pp. 403-404) accepts it in public affairs but denies absolute guardianship (al-wilāyat al-muṭlaqa). The seven areas of authority for jurists, according to Naser Makarem Shirazi, are:

# '''Guardianship over Orphans and the Absent:''' This is an established principle in jurisprudence to protect assets and prevent chaos (pp. 410-412).

# '''Disposal of Khums and Zakat:''' Paying these funds to the jurist during the era of occultation is preferred, especially if an Islamic government is established (pp. 416-420).

# '''Absence of Legislative Authority:''' The jurist has no legislative authority (wilāyat tashrīʿiyya) (p. 514); his duty is solely to discover and implement divine rulings (p. 515).

# '''Guardianship over Property and Lives:''' This guardianship is not absolute and unlimited; it is solely for the purpose of protecting the public interest and implementing the rulings of the Shari'a (pp. 554-555).

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