تصرفات مالی ممیّز با رویکردی تطبیقی به نظرات امام خمینی(س)

Financial decisions require a certain level of rational maturity and understanding. the question is whether growth alone is the subject of rightfulness of transactions and maturity does not have any role or both growth and maturity are the conditions of rightfulness of transaction or one of them is sufficient for rightfulness of a transaction. another question is whether minor who is capable of discretion is competent to transact or not? what is the meaning of minor who is under guardianship? is a minor person who is capable of discretion absolutely under guardianship or is entitled to act individually? when it is said that a person who is capable of discretion is under guardianship, does it mean that he/she is not entitled to transact individually? these are the questions that some of the jurisprudents have tried to provide answer to in their works. by studying these works, one can come to know that there are differences of opinion among the jurisprudents regarding the minimum level of growth for financial activities. some of these viewpoints indicate that attaining the age of discretion is sufficient for some financial activities while it is not necessary to attain perfect intellectual growth. some of the jurisprudents rely on the quranic verse referring to growth in their arguments. imam khomeini's kitab al-bei' is one of the most important sources in this regard which gives a full interpretation and explanation of the verse growth.