The criminalization of some jobs can be traced in the law system of all countries. The criteria for this criminalization vary according to the legal system of each country. In Iran, job criminalization is based on the approach of Imami jurisprudence, which is a text-oriented and sometimes intellect-oriented paradigm. Therefore, jurisprudence determines whether a job is criminal or not. Along with theology and ethics, the science of jurisprudence constitutes the three scientific pillars of Islam. The relationship between these three is one of the fundamental discussions that have great impacts on the attitude of scholars of jurisprudence in dealing with issues. Among these, the relationship between ethics and jurisprudence is very important because these two are formed on the basis of instructions and warnings and it has caused a disagreement among Islamic scholars about their relationship. Some deny their relationship, some believe that ethics requires jurisprudence, and some consider jurisprudence to require ethical supervision. These variations have led to differences in their perceptions of issues. Of course, looking at the meaning of ethics and jurisprudence, it is clear that the two are in close contact with each other, and since human behavior must be accepted by God in order to lead to human happiness, ethics acts as an observer of jurisprudence. This effect is sometimes based on the imaginary and affirmative principles of jurisprudence, and sometimes on the methods of jurisprudence. These effects can be observed in the difference between a job criminalization, which is mentioned in this article.
Sale is known as one of the most widely used words in Islamic jurisprudence. Islamic jurists have each defined the nature, bases and types of sale as one of the specific and important Islamic contracts. Regarding sale, it should be mentioned that in some definitions, the early Imami jurists considered its nature as the exchange of two properties, while the famous Islamic jurists consider its nature as the demand and acceptance, which makes the object of sale the property of the customer and regards the price as the property of the seller. Another point is that, in the definitions of late and contemporary Imami jurists, there is a kind of semantic alteration in the interpretation of sale. From the view point of Islamic jurists, it seems that the elements of possession and ownership in the sale are concepts with wide conceptual scopes, and this is the superiority and distinction of Imami jurists over other jurists regarding the truth of sale. On the other hand, from the point of view of Islamic jurists, there are different types of sale, the most important of which are strict sale, contractual sale, absent sale, harmful sale, credit sale, general sale, deferred sale, gifted (mohabati) sale, debt sale, Morabahe (a sale based on a fixed price), etc. On the other hand, the bases of sale from the perspective of Islamic jurists are: demand and acceptance, buyer and seller, property sold, and price in the sale contract. Also, the features of sale from the point of view of jurists are: the ownership of the sale, the exchange of the sale, the objectivity of the property, the necessity of the sale contract. The research methodology in this paper is descriptive-analytical using the library method.
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