A Research on the Nature, Impacts, and Functions of Mahāyāt from the Viewpoint of Islamic Sects’ Jurisprudence and the Statutory Law
Journal Title: فقه و اصول - Year 2012, Vol 44, Issue 88
Abstract
Division of profits from common properties, known in Islamic jurisprudence as mahāyāt, is a suitable solution for preventing the loss resulting from commonage and can allow for the possibility of equitable vindication of the property and prevention of its idleness and is a wise procedure for sustaining the partnership. Nevertheless, the civil law and the other Iranian laws have not dealt with the issue of dividing profits. This research is intended to examine different dimensions of this institution and to present some solutions for some of the ambiguities. This article will provide an answer to the question as to, from the viewpoint of Islamic schools’ law, how far and in what conditions this type of division would be possible and what its nature and impacts would be like. In the first part of the article, a definition of mahāyāt and its elements is presented; then, different trends brought up in determining the nature of this institution are recounted and various types of mahāyāt are touched upon; and in the final part, the impacts of this division is explained.
Authors and Affiliations
MuḥAmmad ‘Alī KhursandiyāN, Maryam NaṣR IsfahāNī
Keywords
Related Articles
- EP ID EP183261
- DOI 10.22067/fiqh.v0i0.12915
- Views 103
- Downloads 0
A Deliberation on the Necessity of Imitating the Most Learned
The present article studies the issue of the “necessity of imitating the most learned (a‘lam)”. To this end, while comparing the evidences of the proponents and the opponents of the necessity of imitating the most learne...
A Critical Review of "An Exploration into the Evidences on Devotionality of Zakāt and Khums
Having regarded as discredited the jurists’ arguments, one of the researchers has disproved the devotionality of zakāt (legal alms) and khums (one fifth levy) so as to thereby remove one of the most critical barriers for...
Interaction of Value and Reality in Creating Legal Rule
Fundamentals of legal rule is one of the major discourses of the philosophy of law, which has led to the formation of numerous intellectual schools in this field. The main query of the present research is that whether th...
Non-Stipulation of Security from Loss in Commanding Right and Forbidding Wrong
In legal works, the obligatoriness of commanding right and forbidding wrong has become restricted to stipulatory realization including “security against loss”. The jurists believe that commanding right and forbidding wro...
A Contemplation on the Prohibition of the Marriage of a Muslim Man to an Unbelieving Woman of No Book
According to the famous or, better said, the unanimous judicial decree (fatwa) of the Muslim jurists, the marriage of a Muslim man to an unbelieving woman who adheres to any faith other than those of the People of the Bo...