نشریه مطالعات تقریبی مذاهب اسلامی (فروغ وحدت)
پیاپی 49 (بهار و تابستان 1397)

The diversity of ideas among individuals is considered as an admirable act if it causes scientific and practical developments but it is inadmissible when it creates hostility and malice. During the Islamic history, because of various historical events we have witnessed the latter. Removing the differences that causes enmity and following unifying principles like the principle of monotheism, the principle of following the holy prophet of Islam and the principle of observing moral and ethical codes are primary obligations and orders of Islam. One of the novel aspects of the present study is presenting practical solutions in order to achieve this aim, including avoidance of controversial Mustahab (recommended) actions, official prohibition of insulting Shi‘a and Sunni and the companions of the holy prophet by religious authorities, and etc. It has also been proved in this research that the occurrence of disagreement between Shi‘a and Sunni is related to historical factors and as much as we go back in the history towards the time of early Islam and the Prophet’s lifetime (pbuh) the degree and amount of differences and disagreements will be less, and as much as we become further from the period of early Islam, the degree and amount of differences and disagreements will be more.

One of the famous jurisprudential rules is “subjection of contract to the intention” which is refered to as “Al-‘Uqud Tabi‘at Lil-Qusud” in Imami jurisprudence. Sunni jurisprudents refer to this rule in a more general sense, as “Al-’Omur Bi Maqasiduha”. Although this rule exists in all contracts, there are cases that the rule does not apply. According to interior intention and exterior intention and the fact that the approaches of different denominations are different when these two intentions are conflicting, we can find many cases that must be regarded as exceptions to the abovementioned rule. In Imami jurisprudence, Reluctant Contract after Consent, Temporary Marriage Contract, Selling Something by Usurper and Transaction without Verbal Expression of Contract (Mu‘atat), and in Sunni Jurisprudence, Contract of Blatherer (‘Aqd-e Hazel), Reluctant Contract, Selling without Price and Renting without payment are the most important exceptions to this rule. There is no consensus about the exceptions, however, these cases cannot create a problem in the validity of the rule, because usually, the rules of jurisprudence are with exceptions.

Objectives of divine law are amongst important issues the foundations of which are mentioned in holy Quran and other sources of jurisprudence, a theory which has found its place in jurisprudential judgment and brought about dynamism and stability into it. Upholding honor of people is counted among objectives of divine law and many have also counted it among necessities and right doing. Adopting an analytical-descriptive method, the current research has dug into the views of jurists and concluded that although some jurists have not explicitly included “upholding peoples’ honor” in the objectives of divine law, they have regarded it as an eminent bone of contention and important in financial and legal issues, religious practices and those related to guardianship. Comparing it with other issues, objectives of divine law have given upholding honor the fourth rank in importance just after saving religion, saving life and saving rationality and before saving property. In other words, the sequence of importance given to these issues in divine law is saving religion, saving life, saving rationality, saving honor and then saving property.

A marriage proposal is considered as the introduction of the marriage and includes the stages of acquaintance and agreements before marriage. As the marriage (marriage) is recommended by religious law and in some cases that there is a fear of sin, marriage is Wajib (obligatory), there is also religious orders about the introduction of marriage, i. e. marriage proposal. In some cases, marriage proposal is Haram (unlawful). In some cases, it is only permissible indirectly and allusively and in some cases, it is permissible both directly and indirectly. The jurisprudents of the five Islamic denominations have commented on the rules of marriage proposal, and in some cases the jurisprudential comments are consistent. In this article, in addition to examination of the views of Sunni and Shiite religious scholars, the narrative proofs and jurisprudential documents are also reflected. In the comparative review of the opinions, we conclude that from the viewpoint of the five Islamic denominations, marriage proposal to a woman who is in ‘iddah ruj‘iyah (waiting period after voidable divorce) is unlawful. In ‘iddah after the death of the husband and ‘iddah ba’in (waiting period after irrevocable divorce), it is only permissible indirectly and allusively. In case of ‘iddah ba’in (waiting period after irrevocable divorce), another opinion has been raised by Shafi‘i and Hanafi jurisprudents based upon which it is not permissible even indirectly and allusively. Marriage proposal to a woman who accepted the proposal of another person, is unlawful according to the four Sunni denominations. However, there are two views in Imamiyah jurisprudence. Some of the Imami jurisprudents consider it unlawful, but according to the famous view of Imamiyah, marriage proposal by the second person is makruh (detestable). A woman’s proposal to a man is another form of marriage proposal which is not forbidden by the law.

Examining ideas of some other sufists, this research seeks to compare attitudes of Ibn-e Arabi and Attar regarding the concept of Perfect Human Being and cast light on the differences and similarities between the two thinker’s ideas and even their way of expression and assess the degree to which Attar is affected by Ibn-e Arabi. In Ibn-e Arabi and Attar’s Sufism, the perfect human being maintains the highest degree of intellect which is called “Al-Haqiqah Al-Muhammadiyyah” (The Muhammadan Reality) by Ibn-e Arabi, but he clarifies the fact that by Muhammad, he does not mean the real personality of the prophet Muhammad (SAW), but the being who is parallel with the first intellect. Attar, on the other hand, emphasizes the necessity of the perfect human being’s existence covertly or overtly but we finally grasp that the both Sufis tend toward the prophet as the most perfect human being that Ibn-e Arabi considers him as the milestone of the unseen men. Affected by Ibn-e Arabi, Attar considers prophet Muhammad as the main axis of being and after him, Imam Ali (AS) is the axis of Al-e Yasin. However, in most of the terms of reaching to this status, the two believe the same, except hulul (reincarnation) phase about which Attar believes that He can become part of us, but cannot become us.

Women’s rights are among issues of concern to Islamic Shari‘ah. From among these rights is “the right of the wife to refrain from submission and obedience, before receiving the Mahrieh (marriage portion)” which, despite its importance, has merely been mentioned generally in the Law of Iran. The Civil Code of the Islamic Republic of Iran, by merely assigning two articles, i. e. articles 1085 and 1086 to the right of women to refrain from submission, created ambiguities in this regard and it became a reason for the scope of the duties of women and specifically revocation or remaining of their right to refrain from submission in the situation of the husband’s insolvency. The other important point is that from the perspective of Shafi‘i, Maliki and Hanbali jurisprudents, in the situation of the husband’s insolvency on the payment of the marriage portion, the wife has the right to annul the marriage, however, the majority of Hanafi and Imami jurisprudents believe that in this situation, the wife only has the right to refrain from submission not to annul the marriage. It is possible to say that when, according to the perspective of Shafi‘i, Maliki and Hanbali jurisprudents, in the situation of the husband’s insolvency, the wife has the right to annul the marriage, she also has the right to refrain from submission. In the present article, we discuss the conditions for the right of wife to refrain from submission and obedience, the limits of this right, the effect of the husband’s insolvency on the abovementioned right, the possibility of splitting the marriage portion to several installments and its effect on remaining or revocation of the right to refrain from submission from the perspective of Jurisprudence of the five Islamic denominations and the Law of Iran and Afghanistan.

The tribal chiefs were responsible for all aspects of tribal life in various political, economic, social, and religious fields. Because of this tribal system, sheikh or the chief of the tribe should have some moral features and qualities such as generosity, humility, patience and eloquence of expression and of good character and genealogical characteristics like originality and also management features, such as courage and bravery, seniority, tactfulness, and political rationality to achieve this status. In this article, using the main resources we tried to analyze, the scope of executive power, features and methods of management of a chief of a tribe in order to respond to the question that to what extent the sheikhs and tribal leaders had role in the political, social and economic changes of the ignorance era.