نوع مقاله : مقاله پژوهشی
نویسنده
گروه فقه و حقوق دانشگاه شهید مطهری . تهران . ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the most important discussions about mahjoor and homeless people is the discussion of guardians. This issue has been discussed and studied in a special way in Islamic jurisprudence and its purpose is to know the deprived people as well as the duties and limits of the qayyim's authority. In this article, an attempt has been made to evaluate and research the topics related to Mahjurin and Qayyim in Imamiya jurisprudence books and Sunni jurisprudence works with a descriptive-analytical method, and it has been investigated in a comparative manner. In this regard, it was found that regarding the authenticity of small non-distinguished acts in the eyes of the Imamiyyah and the Sunnis, they all believe that they are null and void, but regarding the validity of minor non-distinguished acts, the Imamiyyah considers non-financial actions to be correct and financial actions subject to the permission of the guardian, but the Sunnis consider them to be absolutely subject to the permission of the guardian. . Regarding the age of puberty, there is a difference; But Sunni jurists differ. Islamic jurists believe that maturing and growing up is necessary for the safiyah to come out of the stone, and of course, some of the Imamiyya have considered justice as a condition. Regarding the time of testing, Islamic jurists consider testing before puberty and lack of one-time qualification. But some Shafi'i jurists have proposed the test after puberty. Regarding the guardian, they all know the father or paternal ancestor or the person who is installed on their behalf, otherwise the ruler of Sharia or the judge is his guardian, and they consider the limits of the guardian's authority to be bound by the expediency of the guardian. In the civil rights of Iraq, as an Islamic country, under articles 94 and 95, Hajr has been defined and divided into two categories, and it has also been mentioned in Article 111 about the status of Mahjoor.
کلیدواژهها [English]
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