List of Articles حسبه

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  1 - OmoureHasbieh in beliet geometiy of shia jurisprudence
  Javad   Panjehpour siyamak baharloei
  The subject of public welfare and public works are important issues among Muslim philosophers such as Shi'a and Sunni. On the one hand, this issue, similar to some other issues in governmental jurisprudence, has partly been influenced by verbal differences between Sunni More

  The subject of public welfare and public works are important issues among Muslim philosophers such as Shi'a and Sunni. On the one hand, this issue, similar to some other issues in governmental jurisprudence, has partly been influenced by verbal differences between Sunnis and Shi'as. Accordingly, the Sunni people had paid more attention to the public aspect of public affairs due to the acceptance of caliphate sovereignty, but Shiite jurisprudents had often considered most non-governmental aspects of public affairs. The proper unity and appropriate consensus between the jurists (in their foundations and approaches to the public welfare and public works) in the expansion and limitation of the extent of the implementation of these divine commandments are not observed (although there is a consensus in the sense of affairs). This discrepancy indicates that each of them has different foundations and approaches compared to public welfare. According to the above descriptions, there are two theories and views on the excerpts of the public works. The first view is that the domain of this institution is limited to the guardianship of the estate of the orphans, insane people, and bankrupt orphans. The second view does not limit the scope of public works to specific issues and has a wider perspective than the first view, which also includes social, economic, political, and cultural issues. Even though the public works are one of the vague issues in legal affairs, legislators have not considered a comprehensive definition of it and have not provided an effective criterion for identifying it. Therefore, the main objective of this research is the comparative study of public works for the jurisprudence of Shia and Sunni jurisprudence' views by the codified statue. Also, the findings of this research show that the scope of public works in the Sunni jurisprudence is limited to the issue of Enjoining good and forbidding wrong, but for the Shiite jurisprudents, it covers everything that leads to the disorder in a social system and the fault in society. Thus, the concept of public works is beyond enjoining good and forbidding wrong. Manuscript profile
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  2 - Manager Deserving Ujrat ul Misl in Managing Other’s Property in View of Quran and Iranian Law
  Hamideh  Dadashpour Seyed Mohammad  Assadinejad
  Ujrat ul Misl (compensation for one’s work) of the tenant or manager in managing other’s property is among issues about which the law has remained silent just as it has been silent about other related issues such as civil liability, characteristics of manager, condition More

  Ujrat ul Misl (compensation for one’s work) of the tenant or manager in managing other’s property is among issues about which the law has remained silent just as it has been silent about other related issues such as civil liability, characteristics of manager, conditions for managing the property and conditions of the property being managed, etc. This paper, using the descriptive-analytical method, seeks to prove that, based on verses of the Quran, manager of other’s property does not deserve to receive Ujrat ul Misl. In view of most jurists and scholars, the main reason for Hisbah is the verses related to Enjoining Good and Forbidding Wrong. Apart from several verses in which there is the term “Enjoining Good and Forbidding Wrong”, it seems that other verses, including even verses related to managing other’s property can be considered verses of Hisbah, given the extension of the concept of Enjoining Good and Forbidding Wrong by some jurists and thinkers who deem Hisbah the same thing as Enjoining Good and Forbidding Wrong. May be it could be said that based on the principle of respect for action, manager deserves Ujrat ul Misl of his action. However, the main purpose is studying if manager deserves Ujrat ul Misl based on verses of the Quran and God has frequently promised great reward in the Hereafter for His servants and described Himself as the greatest Muhasib (bookkeeper). Manuscript profile