Pages: 32-43

Abstract

An important present-era jurisprudential discussion that is constantly being kept ignored is the topic of waif and its relevant issues. Although the verdicts and the issues related to waif and its relevant cases are comprehensively and wholly discussed in the Islamic jurisprudence as well as in the law of Iran and waif has been taken into consideration in the most detailed manner within the paradigm of the Islamic jurisprudence and its relevant verdicts have been expressed by the Islamic jurisprudents and a general consensus has been reached in the majority of the cases but, in the meantime, there are cases such as the permissibility or the forbiddance of adopting waif and the permissibility or the forbiddance of taking witness in adopting waif and so forth for which discrepancies exist among the jurisprudents and it was therefore deemed necessary to deal with such discrepancies in greater details within the framework of a comparative study because according to the present-era expediencies, it seems that some of the waif-related verdicts require scholastic and scrutinizing revisions so as to let them get clear of the difficult and bothering bottlenecks residing therein.