Document Type : Research Article
Authors
1 Associate Professor, Department of Islamic Jurisprudence and Law, Shahid Chamran University of Ahvaz, Ahvaz, Iran.
2 Assistant Professor, Department of Islamic Jurisprudence and Law, Shahid Chamran University of Ahvaz, Ahvaz, Iran.
3 MA Student , Department of Islamic Jurisprudence and Law, Shahid Chamran University of Ahvaz, Ahvaz, Iran.
Abstract
According to the accepted rule of ownership, in principle, a person has control over his property and possessions and can have all kinds of possessions in them; however, the legal and religious competence and ability for such possession is subject to the fulfillment of certain conditions; The category of growth, along with the categories of "reason" and "maturity," constitutes the three pillars of "eligibility for succession," and is therefore considered one of the most key jurisprudential and legal concepts in the field of financial issues. Accordingly, foolishness is one of the titles that, when realized, limits the ability of individuals to make financial transactions. However, the term foolishness, despite its apparent clarity, It has many ambiguities, and therefore determining and classifying its foreign examples also faces problems; the following article attempts to re-examine the lexical meaning of the term "safahat" and identify the elements of its realization, with an emphasis on the specialized aspect This term explains the basic complexities in this field and, after presenting an acceptable classification of its trades, resolves ambiguities and problems. One of the most important outcomes of such an approach is the ability to limit the extravagant spending of individuals who are not recognized as fools by custom or law. Mukhtar's opinion in this article also paves the way for a review of many rulings related to fools, including guardianship over fools, proxy for fools in transactions, and guaranteeing the execution of fools' transactions.
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