ماهنامه معرفت
سال بیستم شماره 6 (پیاپی 165، شهریور 1390)

The present paper explains and explicates Imam Saddjad's (A.S) Munajat al-shakereen (the whispered supplications of the thankful). Thanksgiving is considered superior to the human values. In the Holy Quran, the Most High God introduces enjoying his security, peace, comfort, victory, and lawful sustenance, as well as providing religious matters and worship as doctrines which are prelude for thanksgiving to Him. In thanksgiving, a certain kind of relationship between the thankful and who is thanked comes to existence, and in the light of this relationship he receives goodness or a service. According to the religious doctrines, all things and blessings which we receive are through natural or human means and by the will and providence of God, belong to Him. Therefore, real thanks must be given and attributed to Him, and all men must always be thankful to their creator for all these divine blessings.

What is the status of man in Islamic thought? What evidence can be provided for the observance of human rights? Considering the Quranic verses, traditions, and the Holy Prophet's life and conducts, the present paper expounds the issue. Furthermore, it explains the man's high status in Islamic though and law, dispel the doubts, discusses some examples and manifestations of Islam's attempt to observe the human rights and humanitarian rights, and the observance of human rights by Islam even during war and Jihad. It is noteworthy that there is a close relationship between the principles of security, justice, peace, and natural ethics on the one hand and defensive Jihad and Jihad of claim on the other hand, and all of these are rooted in the teachings of great divine prophets especially in the comprehensive and final Islamic law. This is its most important sanction norm.

The divine religions have legislated compelling laws to procure coexistence. The religion of Islam has obligated the Muslims to interact peacefully with their doctrinal opponents and exercise justice in this regard. However, if the non-Muslims commit treason and do hostile actions against Muslim's life, wealth, honors, women and children, then the lawful policy is based on the repellence of aggression and punishment of betrayers. Focusing on the verses on the war, neglecting the verses on the peace and coexistence, and neglecting the Holy Prophet's practical conducts have led some people to consider the Islamic policy about the non-Muslim nations as based on the war and regard the reason of the progress of Islam in the early centuries as based on sword force.Using a theoretical and documentary approach and referring to the genuine Islamic recourses, the present paper proves that the principle of interaction with non-Muslims is based on peace and coexistence, and Islam is the inspirer of religious coexistence with the followers of other religions.

The customary law is not a phenomenon which has been discovered with the advent of Islam; rather it the very continued way and conduct among people. The Islamic jurisprudence and law has approved it in some cases and has rejected it in other cases. However, the customary law is considered as one the basic and applied evidence to extract the concepts and ideas.The customary law is a tool used by Mujtahid (religious jurist) to deduce injunction. It is also one of the controversial and variable phenomena in Shiite and Sunni jurisprudence and law which causes development and change in the subjects of some religious commands and the rules of the society. Therefore, the Faqih (jurist) must pay attention to the newly occurred issues and situations of the society in order to deduce an injunction. In this way the dynamics of Shiite jurisprudence will continue.The present paper has managed to analyze the important issues of the customary law and retell its necessities through library survey and by referring to legal and juristic books. The final findings show that in some cases the customary law is mistaken for conduct and habit, and that in issuing the fatwa the society and the customary law is less attended. The authorities of imitation must explain some conventional instances so that the responsible and imitators would not wander. The customary law is a tool and proof of deduction not its source.

"Causality" is considered as a kind of waste. Contrary to the assistance in the crime, in causality the causer causes the realization of loss or crime indirectly. The definitions of causality provided in the jurisprudence and law are rooted in the jurisprudence which is compiled and organized according to the received traditions. Some believe that the customary law has a particular and determinant role both in the basis and the identification of the instances of causality and that traditions indicate such a customary law. However, the customary law not only is not a reason for the principle of causality but also its instances cannot directly determined through mere correctness of referring to the causality by the customary law.Having determined the domain of the customary law and analyzed it role in this principle, the present paper determines the role of customary law in this principle through analytical method and library survey.

One of the serious debates on the philosophy of human rights, which nowadays has a great significance in the global arena, is the determination of the relationship between the human rights and the significance of life as the most basic human right. The present paper tries to answer the question that whether this right is granted to the individual merely as being human, or another factor, that is the significance of the right, is influential in its granting. There are two possibilities in this regard: one is that no cultural, value, or doctrinal factors would play any role in the realization of this right and the scope of being human would be fundamentally defined apart from these factors. The second possibility would result in the engagement of religious values and beliefs in the realization of human rights and determination of their scope and domain. As a result, the concept of value dignity will be formed. Therefore, these rights are different not only in regard to the continuation and the quality of granting, but also in regard to the limiting factors. The present paper tries to expound, analyze and approve the second possibility which defines man in the light of the significance of life. Accepting the second possibility means accepting the basic fundamentals, resources, aims, and legal sanction norms different from those mentioned in the documents of international human rights.

The counter measure is a part of the most important issues discussed concerning the international responsibility of the states. The allocation of the Articles 49 to 53 of the 2001 international responsibility project due to the offensive conduct of states (part three of chapter two) to this issue shows the importance of this international sanction norm concerning the breach of conventions. The commission of international law has discussed the aim, limits, conditions and other issues related to the counter measure though aforementioned Articles. The main question concerning the counter measure is that if a state breaches a convention, then what measures can the injured state do as the counter measure? Does only the injured state can and must do these measures or a third state may do them? If so, will the international peace and security not be in jeopardy? Based on the issues discussed in this regard and through descriptive- analytical method it can be concluded that there is not a general agreement on this collective establishment. The main problem results from the lack of accepted global theoretical framework, although the commission of international law has done many efforts.

According to the Article 99 of the Constitution, the guardianship council is responsible to monitor the elections. There are different standpoints on the domain of this monitoring. Some believe that the guardianship council's monitoring is limited to the monitoring of voting without any engagement in the investigation of qualifications. Others believe that the ministry of interior is responsible for the investigation of qualifications. By differentiating between monitoring and the identification of qualification, some believe that the identification of qualification is not the duty of the guardianship council. Still others believe that the identification of qualification is the right of people. The present research investigates these standpoints through library survey and legal analysis.One of the most important findings of this research is that the election monitoring is not separate from the investigation of the qualifications and the monitoring institute has the right of complete and consultative monitoring including the investigation of qualifications. The ministry of interior does not monitor the elections; rather it administers the elections. People also do not have any responsibility in the investigation of the qualifications; rather they choose the most qualified candidate among the qualified ones.

Sometimes the loser does nothing to prevent the expansion of the loss after a damaging event, although he/she has the ability to do so. Thus, the question is whether the loser has any duty to decrease the effects of damaging act? The present research tries to recognize and clarify the nature and the effect of the loser's inaction in the civil liability of the damaging factor. The data are gathered through library survey and by referring to several sources of positive law and legal texts. The research method is descriptive – analytical.The research findings show that the legal system of Iran has accepted the duty of loser to prevent the expansion of the loss, and that some legal rules result in such a duty. Therefore, the loser must do necessary actions to prevent the expansion of the loss; else the liability of the defendant to compensate the loss will decrease according to the rate of preventable loss.