دانشیار گروه حقوق خصوصی و اسلامی دانشکده حقوق و علوم سیاسی دانشگاه تهران
Abstract
There is a serious disagreement in the jurisprudence of Imamiyyah as to whether or not the trustee of the minor affairs is entitled to receive remuneration and, if so, the criteria and amount thereof. There are five theories : Absolutely permissible to remove the wage (whether poverty or financial ability of the manager of minor affairs), the ability to remove as much as personal sufficiency, Licensing the minimum amount between the wage and personal sufficiency, absolute authorization to take the wage in the event of trustee poverty, and the permission to take the least amount between the wage and personal sufficiency in the case of trustee poverty. The source of the disagreement is the difference in understanding and interpretation of one of the verses of the Qur'an. Also, although the famous doctrine of jurisprudence holds that this is a conditional right to have no intention of exoneration. However, there is no such requirement in the theory of authorization of taking as much as personal sufficiency. The famous theory is that the license to take is as much as the wage. However, reasons and analyzes that are opposed to this theory have also been put forward and even if the famous theory is accepted, it is subject to several conditions. However, due to numerous doubts and various criticisms of the reasons to prove this theory, some jurists have taken the precautionary approach. And in the absence of personal emergency, they believe that the property of the minor should not be seized.
safari, M. (2019). Analysis of Five Theories about Management fee of
Administration of Minor affairs and its criteria and amount. Islamic Law, 16(62), 29-56.
MLA
m safari. "Analysis of Five Theories about Management fee of
Administration of Minor affairs and its criteria and amount". Islamic Law, 16, 62, 2019, 29-56.
HARVARD
safari, M. (2019). 'Analysis of Five Theories about Management fee of
Administration of Minor affairs and its criteria and amount', Islamic Law, 16(62), pp. 29-56.
VANCOUVER
safari, M. Analysis of Five Theories about Management fee of
Administration of Minor affairs and its criteria and amount. Islamic Law, 2019; 16(62): 29-56.
