نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشگاه فردوسی مشهد
2 استادیار دانشگاه فردوسی مشهد
3 کارشناس ارشد فقه و مبانی حقوق اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Among the issues that have long been raised in Shia’s jurisprudence and has grown alongside of the evolution of jurisprudence is the issue of the prohibition of receiving Fee on obligations in a way that it is accepted as a juridical rule by jurisprudents. This rule has no evidence from narratives, in one hand, and it is based on the fame, on the other. Some recent jurisprudents have attempted to lay the foundation of this rule on the reason in different ways. There are three approaches in this respect: 1- obligations are outside of ownership (overpower); 2- there is contradictory between the necessity of operation and ownership of the lessor on obligations; 3- obligations are regarded as debt. This paper has criticized and analyzed these three approaches and has doubted seriously about the intellectual authority of the evidence of this rule.
کلیدواژهها [English]
)