نشریه دانش پژوهی تامل
پیاپی 5 (بهار و تابستان 1397)

Islam has considered several ways for training the children, including: compassion and kindness, encouragement and awarding, making the children to do good actions, etc. and chastisement is the last one when the other ways did not work. The scholars of jurisprudence, educational sciences and psychology despites having disagreements unanimously accept physical chastisement as the las sort and even occasionally consider it necessary. The present paper has tried by studying the statements of the jurists and the jurisprudential Hadiths from the Shiite sources like “Wasa’el Al Shi’a”, “Mustadrak” and “Bihar” to answer the question that if the physical chastisement of the child has a religious base? What is the idea of the scholars of educational sciences? The study of the statements of the Infallibles (AS) show the legitimacy of physical chastisement of the child by certain persons, like father, teacher, executor and the father’s agent to a limited extent like three strokes (for teacher) and six strokes (for father and executor) for certain purposes like educating and training.

One of the incidents that may occur for any person during the life is a debt on him/her that sometimes becomes forgotten and the owner may has passed away or is not accessible due to other reasons. According to Islam, this debt remains on the person and since the source of obtaining the property has been intentional or unintentional cruelty and violation, the debts are called “Madlamah” or “Madalim” (Plural of “Dulm” i.e. cruelty or injustice). The issue is discussed under the title of “Radde Madalim” (return of the above mentioned debts). The present paper has studied the term of “Madalim” lexically and idiomatically in addition to issues like: necessity and importance of Radde Madalim, the difference between Madalim and the property with unknown owner, the extent and the cases of Madalim, the position of the rights of people in the Qur’an and the Hadiths, the definition of Madalim in the statements of the jurists, some jurisprudential rules of Radde Madalim and the opinions of some prominent jurists.

One of the important jurisprudential issues is the sale of blood that is discussable as new problem. Given that in the beginning of Islam and after that at the time of early Shiite jurists the legitimate use of blood has not been usual, the jurisprudential sources and Fatwas show its illegitimacy. But since nowadays there are several benefits and uses have been discovered in the blood especially human blood, it can be asked that what is the real meaning of the reasons considered to prove prohibition of the issue and to what extent they apply? Do they include the human blood especially in medicine? In the case of legitimacy of use, is the sale of blood permitted? Given the reasons of prohibition and eternality of the Islamic rules, do time and conditions affect the Islamic rules? The present paper after defining the terms, at first has studied the general conditions of concluding the sale of blood and then the content and extent of the reasons of its prohibition and finally has discussed the content and extent of its legitimacy.

One of the most important issues in the Islamic jurisprudence bases in the problem of conflict of the reasons that has always occupied a chapter in the books of the subject among the issues of which are the ways of reconcilement the true understanding and analysis of which can guarantee the accurate application of the Islamic orders. The principle of Reconcilement applies between two reasons the validity of which is complete (in terms of both the document and the implication) and at the first glance they seem to be contradictory but reconcilement of them is better than rejecting them. The controversy about the principle usually arises about two matters: 1. what kind reconcilement is meant by Reconcilement? 2. What are the proofs of it? One kind of the reconcilement is reasonless reconcilement that is solving the conflict between the two reasons with no evidences. But this principle does not include this kid of reconcilement, since it refers to qualitative justifications for validity of which we have no proof; otherwise there were never conflicts between reasons at all. Another kind of reconcilement is the practical one that is partial application of the both conflicting reasons. This one is also out of inclusion of the principle; since it leads to definite disobedience of the both the reasons and entails a kind of chaos in jurisprudence. Therefore, the customary reconcilement is intended by the principle. Customary reconcilement is a reconcilement in accordance with the language rules and accepted by the people of the language and the community. They have argued by the Qur’an, tradition, logic and the manner of the intellectual to prove this principle.

Nowadays due to the vast scope of residence of the Muslims, migration and spreading relations with other nations and religions of the world, it is necessary for any Muslim to know that the Qur’an has confirmed the marriage between the Muslim men and the chaste women of Ahl Al Kitab (those believing in the Bibles) and prohibited any matrimony between Muslims and the unbelievers. The present paper has tries to explore the different aspects of the issue and explain the ways of legitimacy of marriage of the Muslim man with the followers of the other Heavenly religions.