An essay on the methodology of obligatory prohibition of forbidden trade from the viewpoint of Imam Khomeini
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 102
Abstract
How to deal with the prohibiting forbiddance in the context of trade is the difficult mystery of forbidden professions (makāsib muharrameh). Some would consider it as an autumn breeze, impeding the thriving transactions of the market; others perceive the encounter of the forbidding prohibition with trade as a collision of two chemicals getting mixed with each other and producing a third material; still others think of this contact as a bomb hitting the bottom of a building totally destroying it and disintegrating its parts. The methodology to identify the prohibition of impermissible trade is the key first step in the study of forbidden professions, including recognition of the subject ‘the prohibition of forbidden trade’. On the one hand, jurists believe that legally prohibited acts such as wine trade or transactions based on usury are invalid and ownership transfer is thus not achieved; on the other hand, most jurists believe that the obligatory prohibition of these legal exercises entails a specific and independent prohibition. Thus, the challenge of the problem is that it is not clear how a transaction that is invalid and in fact has not happened can ever be forbidden; especially knowing that according to some views, the mere empty give and take does not entail prohibition. The present paper seeks to mention and analyze and critique the viewpoints of jurists. It also aims at collecting prohibited legal actions and relying on Qur’anic verses it tries to derive a correct methodology for identifying independent and non-independent prohibition.
Authors and Affiliations
Majid Reza Sheikhi Nasrabadi, Mohammad Mehdi Yazdani
Keywords
Related Articles
- EP ID EP190137
- DOI 10.22067/fiqh.v47i22.33257
- Views 123
- Downloads 0
A Different Research on the Traditions of Istiṣḥāb with the Approach to Reviving the Rule of Certitude
The rule of certitude has been brought up as one of the five pivotal principles of jurisprudence, which in itself includes several principles such as istṣḥāb (presumed continuity), but over time it has been dissociated....
Deliberations on the Condition for the Executor of Testament to be a Muslim
In many jurisprudential discourses, Islam is said to be a condition for the validity or permissibility of action. One of the most important of these instances, which is claimed to be unanimously agreed upon, is the execu...
Disputation of Traditionists with Legal Theoreticians over the Validity of External Meanings
According to the traditionists (akhbārīs), “inference of theoretical precepts from the external meanings of the Qur’ān and the sunna of the Prophet without reference to the Infallible Imams is not permitted. Also, after...
Lapse of Retaliation (Qiṣāṣ) through Pardon by Some of the Legal Guardians
It is stipulated in our Islamic jurisprudence and law that when a person is killed and he or she has several legal guardians, if some of the guardians pardon, the remaining guardians have the right to retaliate in qiṣāṣ...
Reflections on competence of “priority of preventing an evil over securing a benefit” as a rule
“Preventing an evil takes priority over securing an interest” and preferring the prohibition side is among discussions raised by Usuli scholars and has been accepted as particular affirmative proposition; the said priori...