نشریه فقه و حقوق خانواده
پیاپی 39 (پاییز 1384)

Admittedly, in evaluating intrareligious inconsistencies, there are a number of things that require urgent reconsideration in order to clarify them with scientific explanations. The following issues, among other things, call for scholastic reconsideration: the classification of the subjects of sciences related to religious thought, not to mention establishing a suitable relation between them. It would have to be a classification going as far as differentiating traditional reasoning from rational one as well as differentiating non-religious reasoning from religious one. Second, the prevalent non-systematic and non-methodological view on religious prescripts; Third, paying attention to individual solutions versus failing to observe the public interests in presenting jurisprudential solutions; Fourth, the inability of transition from individual-oriented jurisprudence to that of having political and social issues in focus; Fifth, differentiating the methods applied to political and social issues by each infallible imam versus the ignorance of the existence of the systematic and organic relation between them; Sixth, the lack of observance of the philosophy behind Islamic jurisprudence, and the need to study it profoudly. In the first part of the article the role of Imam Sadeq (P.) in stabilizing the prophetic mission and traditions and the revival of the writing of books without any deviation has been studied.In the second part the principles of Jarfari Jurisprudence, which are inspired by Imam Ali’s thoughts and his methodology and also the role of Imam Sadeq (P.) in the revival of such thoughts, has been taken into consideration.The most important issues which have been studied in this part are as follows: A. Different ways of safeguading Jurisprudence and divine science laid by Amir al Momeneen B. The development of Imam Ali’s unique thoughts by Imam Sadeq (P.) C. The emphasis of Jafari Jurisprudence on Imam Ali’s theological principles. D. The codification of the theological achievements of Imam Ali in Imam Sadeq and Imam Bagher’s era

The development of social relations, and the increasing complexity of these relations, requires order and security. According to the rule citizen’s rights and freedom should not be violated. The establishment of such order and security is only the duty of the government. In an Islamic government establishing such security and justice is the exclusive right of government also. The great Islamic jurists put emphasis on these rights and is practiced by resorting to the judiciary, legislative and executive powers. Resorting to punishment, which is one of the most important means for establishing public order, is in the hands of the government too and is not transferable to citizens. There is some misunderstandings about some of the articles in the Islamic punishment act, (due to this falsity) which they believe it permits citzens to administer justice personnally. The results of such action on one hand is the violation of the judiciary laws and also ignores the rights of the defendant. Thus it would create chaos in society. So the judiciary should undertake justice entirely with full power and firmness in order to prevent such chaos.

Non-Governmental Organizations (NGOs) are established by concerned people who come together with the same objective, to solve the problems of their societies that the government is either incapable of solving or simply have not been given due attention. Such organizations serve as a liaison between the government and the people. These organizations sometimes step in with a positive objective, but after a while change their goals and stand up against people’s welfare, social values and work in the interest of dominating countries. One of the influencing factors of such situations is the fact that these NGOs receive financial aid from international organizations. This financial aid is followed by pressure from the donor country for these NGOs to change the views and values of the society in which these NGOs operate. In this article the issue of such aid is studied from an Islamic point of view.

Today one of the important issues recognized by the international community is the protection and observance of women’s rights and their human rights and non-discrimination of gender. Many women feel that they have been oppressed throughout history and their rights and human dignity have not been observed. Even now in spite of all the progress made regarding women’s rights their dignity and human rights still are not observed in too many cases.Regarding women’s rights, women’s testimony should be reconsidered. Of course testimony is not a right but a duty, and sometimes if we do not separate between rights and duties it leads to misunderstanding. The present article is to discuss the fact that sexuality does not mean having or not having virtue. Secondly, the value and validity of testimony and the role of sexuality depends on the validity and kind of testimony itself.Today, being a male is not a necessary condition for the validity of a testimony, in many countries. However there are some differences between the validity of a woman’s testimony with that of a man in the Islamic Republic of Iran. The reasons and wisdoms of such laws in the Islamic legislation system will be studied.

In all religions the human being is considered superior and a special being who has many rights and responsibilities. For many years social welfare organizations have studied the laws and developed human rights from various perspectives and have added new issues such as children’s rights, women’s rights and labor rights. Today communities have also turned their attention toward the issue that not only do human beings have different rights but also all creations that exist on earth including mountains, seas, animals and plants all have certain rights. Human beings have dominated all other creatures and have taken advantage of them. However, is there not a religious or ethical regulation to limit the extent to which humans take advantage of the other creatures. In this article animal rights and the extent of domination of animals by man are studied in Islam, Iranian laws and the world. Of course, what has been cited from the Holy Koran here is like a drop of water from the ocean. It is astonishing that Islam so carefully and precisely analyzed the issue thousands of years ago, but animal protection organizations have only recently taken such issues into consideration. Futhermore, in the last section of this article, research and experiments that have been done on animals and genetic modifications have been analyzed along with a study of the controversial issue concerning the Harvard mouse. Unfortunately, it appears that in Iranian laws, despite the Islamic background, little attention has been paid to the issue.