مجله پژوهش های فقهی
سال ششم شماره 3 (پاییز و زمستان 1389)

Some people think after human’s death, there is no commitment but the reality is different. He is committed to issues that are important such as: debt, blood money, loan and so on that for each there is a variety of topics. His posthumous commitments are due to be settled, and this is not impossible. In Islamic jurisprudence, much attention has been paid to this issue, and it has been tackled from different aspects, directly and indirectly, and various discussions have taken place around it. As a result, this article states that according to the Shiite and Sunni scholars, financial and non-financial commitments of the dead are expected to be paid and accomplished and are not canceled owing to his death.

The Islamic Sharia as a full legal value system with sustainable resources (Qur’an and the tradition) as well as benefiting from wisdom as inner messenger is the most adaptable value system with changes of the world. The logic used in Qur’an and the tradition is a multi-valued and continuous logic. In this value system, religious statements have been expressed in continuous and graded linguistic variables. The study is an attempt to explain the fuzzy and continuous value system in order to describe the inference process of religious orders in the Islamic Sharia legal system through a fuzzy approach. Also, this paper tries to state the effects of this approach on the dynamics of jurisprudence and effectiveness of Ijtihad.

When a crime occurs in society, albeit small, first it endangers the society and creates chaos in the society; in the second place, it make people feel pity for who was assaulted. If the victims are children of the community, we expect it to take action very quickly. This research is not about juvenile delinquency and not to criminalize children but to scrutinize how the crimes are performed against children. Also, social factors making children as victims of crime, all kinds of crimes and harms against children, the status of child abuse in current laws as well as several strategies to stop this phenomenon are discussed and studied. Today the issue of child abuse in most countries is examined in a way that all courts are equipped to be assisted by the professional children's organizations to support oppressed children under the oppression of their parents, guardians and trainers. Also in our country the Protection Law supporting parentless children in year 1974 was approved but was not effective for the children who are under the custody of their parents but practically are neglected by them and the society.

The present article deals with the performing prostration or sajdah, on Imam Husain’s turbah, the clay obtained from Karbala where Imam Husain (PBUH) attained his holiness’s martyrdom. In so doing, we first investigate the superiority of prostration on clay, found in Islamic narrations and traditions from Shiite and Sunnite points of view. It is upon these traditions that we prove that prostration on clay is a superior form of prostration. We also show that if they had the possibility to find something made from soil, Muslims of early Islam, who said their prayers at the back of the Holy Prophet (SAWW), would not perform prostration on materials other than soil. We make it clear that performing the prostration on a carpet, an item of clothing, around one’s turban, etc. is void. Therefore, we consider it a novelty that we find no proof for its rightfulness.. ..

The enforcement of Hodood (Divine prescribed punishment) in the Major Occultation era of Imam Mahdi is one of the remarkable subjects of Twelver Shia (Imami) jurisprudence. Referring to a juridical principle called Adam-al-Vilaayah (Lack of Guardianship); some Shia jurists consider the task as the prerogative of infallible Imam or his Special Representatives and maintain that the enforcement of hodood must be ceased in the era of occultation. In contrast, many jurist hold that the enforcement of Hodood is obligatory, while referring to the absoluteness of traditional proofs (Dalil), as well as those traditions which indicate that the jurist take charge of deputyship of infallible Imam in the period of occultation. Regardless of the juridical challenges about the subject, the opponents put forward some theoretical and practical challenges. This article supports the idea that a fully qualified jurist can enforce the divine punishment in the era of occultation, while investigating some theological problems of the subject, concludes the challenges cannot stand as a primary real rule against the traditional proofs for enforcement of Hodood in occultation era.

This research considers the subject of supervision and protection of family and expresses the Islamic jurisprudence point of view in this regard. The followings are inferred from the jurisprudential reasons: A. Terms such as ghavvam, ghayyem (custodian), raei (protector) that are used in reasons, express that in Islamic point of view, superiority and protection of family mean to protect one’s wife and children ensuring the interests and prosperity of family and Islam gives this responsibility to man because of his physical and mental ability. B. In the viewpoint of Islamic lawgiver, wife’s conformance to husband is reasonable and the lawgiver just postulates wife’s deference to her husband in matrimony matters. C. Islam has given priority to principles such as appropriate manners, justice, Sharia rules submission, and so on for couples in order to protect family from damage and these principles show the boundaries of superiority and protection of family. D. Using terms such as zouj (husband) in the traditions and shifting husband’s rights to wife while he lacks the competence to manage his family, express that parity is achieved by shifting some husband’s rights to wife.

One of the worst phenomena in a Muslim’s life is apostasy. An apostate has renounced the faith and denies the principles and precepts of religion after accepting it. If either parent or both are Muslims and their child accepted Islam after his maturity, but he denied it later, he/she is called a natural apostate. However, if a person was born to a non-Muslim family and converted to Islam after his maturity, later rejects the religion is called a community apostate. If natural apostate is a man under certain circumstances must be penalized with death, but the penalty for the community apostate and women is life imprisonment in order to repent. In this article, some provisions relating to apostasy in Islamic law along with the reason of such severe punishment are discussed.