A Jurisprudential Research in Material Value and Ownership of News in Mass Media and the Rights Resulting from it
Journal Title: فقه و اصول - Year 2014, Vol 46, Issue 96
Abstract
Information dissemination throughout the society is carried out by a phenomenon called news. This phenomenon is in relation to various social institutions as well as different aspects of people’s lives. In the present article, the writers believe that, firstly, the phenomenon of news, despite the operations carried out to disseminate and present it, has material value and that its economic value underlies the rulings and regulations related to properties in this field. Secondly, the phenomenon of news, beyond its material value, enjoys the feature of ownership, which is a specific credit relation between people and objects. Proving this feature of news would involve a great part of legal regulations in the field of news and dissemination of information. In this respect, identifying and introducing the owner of news will have an important status in paying attention to their rights and obligations entailed by ownership. Thirdly, the phenomenon of news, after confirmation of its material value and ownership, would be qualified to be the subject of exchange contracts, and accordingly, a new condition including economic relations and transactions about it would form.
Authors and Affiliations
MuḥAmmad Taqī Fakhla‘ī, IḥSāN ‘Alī Akbarī BāBūKāNī
Keywords
Related Articles
- EP ID EP184490
- DOI 10.22067/fiqh.v46i16.11845
- Views 94
- Downloads 0
The Extent of the Validity of Isolated Tradition (Khabar) in Muḥaqqiq Ardabīlī’s School of Thought
One of the most highly applicable evidences for inference of legal precepts is the isolated tradition, whose acceptance, rejection, or limitation is highly effective in the consequences of inference. Muḥaqqiq Ardabīlī, a...
The Theory of Istiṣḥāb as being Amāra and its Legal and Doctrinal Outcomes
One of the most functional reasons in the methodology of Islamic principles and jurisprudence as well as law is istiṣḥāb (presumption of continuity). Istiṣḥāb is judgment on the continuity of what has existed in the past...
Commitment to Non-remarriage in Traditions and Imāmī Jurisprudence
One of women’s psychological concerns is the remarriage of their husbands; however, the renowned majority of the jurists do not regard as valid the condition of non-remarriage due to its opposition to religious law. In t...
The Approach of Traditions concerning the Cause of Revelation in the Imāmī Jurists’ Inference from Āya 115 of Sūrat al-Baqara
Six causes of revelation have been related concerning āya 115 of Sūrat al-Baqara; i.e. the noble āya, ﴾To Allah belong the east and the west: so whichever way you turn, there is the face of Allah! Allah is indeed all-bou...
Analysis of Intellectuals’ Basis in “Reference of the Ignorant to the Learned” with the “Behavioristic” Method and its Comparison to “Reference of the Imitator to the Legal Authority”
Given that the most principle reason for imitation (taqlīd) is the intellectual basis in “the reference of the ignorant to the learned” and, in one respect, reliance on one’s personal conjectures and bringing up an “inte...