A thesis submitted to the Graduate Studies Office in particle fulfillment of the requirements for the degree of: Masters in the field of Islamic schools of jurisprudence

Author:
Ziba Dahanechi
Level:
Master
Subject(s):
Fiqh religions
Language:
Farsi
Faculty:
Faculty of Islamic Denominations
Year:
2017
Publisher:
URD Press
Supervisor(s):
Sadegh Pour Heidari
Advisor(s):
Hamid Malekmakan

One of the rules of the jurisprudence is “rule of Akle Mal Be Batel”. This rule has been raised under the headings “Unusual use”, “Unauthorized use”, “Money laundering through falsehood.” In this thesis, we study Jurisprudential review of the rule”Akle Mal Be Batel” with the Approach of the Modern issues.  This rule is a general rule that covers all liabilities, including financial and non-financial liabilities, liens, gambling, bribes, racketeering, usurpation, and so on. The parameters of this rule include, void and fear. Some jurisprudents consider falsehood as a religious and customary falsehood, and have used widespread implications from falsehood. This has led to this rule, the domain, and many examples, and also states that this rule consists only of transactions, or of transactions and rights. This statement is the most important document for preventing the publication of void and forbidden. This treatise first discusses the importance, scope, and generalities of the rule, and then terminates the concept of Akle Mal. In the following chapters, the jurisprudents express their views on the realms and examples such as pyramid companies, network marketing, shopping, and so on. In chapter four, the first sentence refers to the harmful effects of Akle Mal and in the second speech; the ways to prevent the harmful effects of Akle Mal are void. Imamiyyah has used the rule in both commercial and non-trading cases and conducted many jurisprudential investigations, but Sunnis have worked less on this issue.