Important Jurisprudential Discourses (book): Difference between revisions

==Issues Related to Medicine and Health==

# '''Birth Control:''' After examining the evidence for the desirability of having many children (pp. 276-278) and the evidence of proponents of birth control (pp. 278-281), the author adopts a detailed view (tafṣīl) (p. 278). In conditions where population growth leads to the weakening of the Islamic community, birth control through permissible methods becomes permissible, and sometimes even obligatory (pp. 283-284).

# '''Abortion:''' Its primary ruling is absolute prohibition (pp. 286-287), but under secondary principles, such as the necessity of preserving the mother's life (p. 299), it is deemed permissible, especially before the ensoulment (wulūj al-rūḥ) (p. 300).

==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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