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
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...
Status of Human Dignity in the Process of Inferring Rulings
With the adoption of the Universal Declaration of Human Rights in 1948, human dignity as an important foundation for explication and formulation of human rights seriously found its way into the legal texts, to the extent...
Condition of Quantity (Legal and Judicial Analysis of Articles 355, 384, and 385 of Civil Law)
Quality condition is one of the terms of contract that the guarantee against its violation is the emergence of the right to cancellation for the party in whose favor a condition is set. Sometimes the quantity (miqdār) of...
Semantic Principles of Islamic Law
Paying attention to the lingual analysis of the legal concepts and propositions is one of the most important sections studied in philosophy of law. The nature of the science of law necessitates its intermingling with wor...
The Status of Ethical Parity of the Married Couple in Formation of Family in Jurisprudence and Statutory Law
One of the fundamental secrets of durability of the true religion of Islam is the moral-ness of its doctrines. Jurisprudence or Islamic law, which gives direction to the behavior of the compos mentis and their life skill...