مجله مطالعات فقه تربیتی
سال هشتم شماره 16 (پاییز و زمستان 1400)

One of the most important goals of the formation of the Islamic system is to provide the grounds for cultivating moral virtues and educating human beings and bringing them to the desired perfection. Since the police force is one of the most important pillars of the Islamic system, it can be said that its function is to help the Islamic system to achieve that great goal. The jurisprudential analysis of the position of the police force in the moral education of the society and its educational task removes the ambiguities and doubts that arise for both the police forces and the people - in terms of the limits and rights of each. This research, with its jurisprudential approach and ijtihad inference and collection and analysis of religious texts, seeks to present the reason and extract the jurisprudential ruling and answer the question: Do law enforcement officers have a religious duty to educate the Islamic community? If the answer is yes, what is the jurisprudential ruling of this duty? Inferential results after collecting and analyzing textual data indicate the proof of the duty of law enforcement in the moral education of society through six specific reasons (verses of cultivation, necessity of establishment, necessity of preparation against enemies, biography of the infallibles, rational reason and necessity of obedience to the guardian ) And has seven general reasons. In general, with the help of the arguments that some indicate the necessity and some of the acceptance of the moral education of the society by the police, it can be ruled that the jurisprudential obligation for the members of this force to spread Islamic education and customs in society.

Emigration is one of the important cultural teachings of Islam which has been legislated in the direction of human excellence and the Holy Quran has promised many worldly and otherworldly effects on it. In this regard, the jurists have analyzed the relevant verses and hadiths and have reached the obligation to emigrate to the obligated in special circumstances. Below this issue is the emigration of children, which is the firm opinion of the jurists on the necessity of emigrating to them. Citing the Holy Qur'an, some jurists believe that the ruling on emigration also applies to the children of Maraq. Fararoo's research has examined the question: What is the duty of the children of Marahaq in the face of this jurisprudential ruling in the circumstances of the obligation to emigrate? This research has explored the mentioned question with the method of ijtihad analysis and the obtained results have shown that the audio reason (Quranic) that documents the belief in the necessity of migration is incomplete, but the author has considered it obligatory in the case of rational analysis. The child will migrate, and that is the case that gives a rational possibility that he will not be able to emigrate after puberty. Therefore, the well-known saying that it is not necessary to emigrate from children to adolescence is also incorrect in this case.

One of the most important areas of education is religious education. Belief (cognitive), devotional (behavioral) and moral education is a subset of religious education. The realization of religious education in society requires extensive and complex actions and activities of educational actors and custodians. Parents, educators, scholars, elites, the media and the government are among the main custodians and agents of education at the community level. One of the most important and effective factors and custodians of religious education is the Islamic government. This research, in a descriptive-analytical and ijtihad method, has proved the principle of duty of the Islamic government towards the religious education of the society with general evidences and rules, rational and narrative evidences - Quran and narrations. According to the arguments, the Islamic government has a mandatory duty towards the religious education of the society in the obligatory doctrinal, devotional and moral duties of the people, and in non-mandatory duties, it has recommended duties. According to this research, the Islamic government can achieve religious education in the community through a set of managerial actions and continuous activities of planning, organizing, coordinating, leading, controlling and supervising.

According to the theorizing of Professor Arafi in the "educational jurisprudence", in this article, His method of extracting the Foundations and content of "jurisprudence" with the approach of education has been studied.The findings of the research reveal that he emphasized the principle of the interaction between education and jurisprudence He is of the opinion that every type of behavior has etiquette and Fiqh rules.In order to study this issue, he has offered various Arenas of education and its content on the chapters of jurisprudence And then evaluate the interactions in them And then it has been used as religious terms By Jurisprudence of education.he first collected educational topics And then he has arranged the issues required by "jurisprudence" regarding the behavior of the organs of the body and the Appearance senses And then examined and analyzed the relationship of the five jurisprudential rulings with them In addition, he has determined and defined the words of jurisprudential issues.In the next place, with the aim of determining the jurisprudential ruling, by examining the background of the discussion and the existing views, he has searched for Specific Quranic, narrative and rational reasons And in stating the reasons he has hunted down the rules and educational opinions by deep thinking and examining all aspects on Quranic reasons and narration.He has considered the observance of the holy Sharia of Islam and the non-opposition of educational sciences to it as the condition for the legitimacy of educational sciences as a principle.

Islamic education has different fields, of which religious education is one of the most important. Beliefs form part of the religion of Islam and are the basis of other parts of Islam if a person is bound by moral precepts, rules and worships if he has a complete and correct belief. Belief training is: the process of teaching beliefs to the educator and a set of actions to shape the belief system, persuasion and acceptance of the heart and inner commitment by the instructor. Reversed; Because what is done in the training of belief is related to the insight, intellectual persuasion, and the creation of the tendency and acceptance of the teacher, and it is natural that any action in this direction should be far from imposition and pressure and accompanied by kindness and tolerance. This article seeks to answer the question of what role parents have in educating their children about respect and tolerance? And is the ruling of kindness and tolerance in the view of the holy sharia of Islam in the training of belief obligatory or recommended? This research in the form of descriptive, analytical and ijtihad methods with the focus on narrative sources proves that parents should observe friendliness and tolerance in the religious education of their children. The first principle is that there should be softness and flexibility in spite of standing up and adhering to the rules.

Methodology of educational analysis of jurisprudential rulesAbstract The present article has been compiled on the subject of methodology of educational analysis of jurisprudential rules in order to identify and introduce the methods of analysis of jurisprudential rules. Descriptive-analytical method has been used in organizing the article, which is more used in such topics. From the three methods of all-reasoning, semi-argumentative and fatwa, the second method is more appropriate and from the logical methods, deductive-inductive method in the educational analysis of jurisprudential rules are more appropriate. When the factors of educational analysis were within the text, such as the emphases in verses and hadiths, the inductive method is used, and if the factors of analysis were outside the text, such as the rule of reason and custom, the deductive method is used. Educational analysis of jurisprudential rulings does not require a very strong reason, but can be explained and presented in spite of a justifying factor such as the effect, cause or educational point.

The Iranian legislature considers child custody to be the right and duty of the mother until the age of seven, and the Egyptian legislature considers the right of mother to the age of fifteen to be the priority of the father. However, in the event of a dispute after these ages, the custody of the child is at the discretion of the court, in the best interests of the child. The best interests of the child have a relative meaning and It means observing the good of the child and a decision based on attracting material and spiritual benefits for her/him. Islamic jurists and The Iranian and Egyptian legislatures have not set out any explicit criteria for determining the best interests of the child and for the judge to decide whether to keep the child with the mother or to hand him over to the father or another. Considering the silence of the criterion governing the interests of the custodial child and the necessity of determining it in court cases, the present article has explained the governing criterion by descriptive-analytical method with the aim of explaining the proposed views. The judge should pay attention to the psychological, psychological and health criteria when making a decision in this regard, and in case of conflict, he should choose the mental criterion over the health criterion. If the parents' ability is the same in these two criteria, use the child selection criterion as a complementary criterion

The Allah has created the existence of each human being with a set of capacities, capabilities and potential talents in order for these vows to flourish and reach their perfection. One of the important rules of education, "comprehensiveness in education" means the duty of educators and educators in providing the ground for the comprehensive development of educators. Introduction to jurisprudence, as the operational knowledge of Islam in providing the desired lifestyle, can assess the validity and validity of this law. : First, eight general reasons were presented: the rule of benevolence; Rule of advice of the believer; Rule of justice; Donation rule; Rule of practice; The rule of sanctity of donation on sin; Rule; The rule of necessity to eliminate probable losses. Accordingly, the necessity of comprehensive education is proved to the extent that leaving it causes significant harm to the educator. Beyond that, that comprehensive education leads to the growth and success of the educator, based on these arguments, is recommended. Determining the instance of these levels is the responsibility of experts in the field of education. Then, four specific reasons were put forward for comprehensive education: the comprehensiveness of the Qur'anic instructions in relation to educational areas; sahihe Abdollah ebn Senan ; Verse of precaution; Reason of reason. From all these arguments, the absolute preference of comprehensive education is used in education. Depending on the situation and the subject of the educational practice, this ruling is manifested in a mandatory or recommended sentence.

This article examines the issue of the legitimacy or practice of child worship, which is one of the important topics in jurisprudential issues. A comparative study of the subject and its comparison between Shiite and Sunni jurists and what is the situation of children in relation to worship? Is their worship legitimate or does it have a practical aspect? What are the effects of this worship and what is the fruit of the sayings? According to the following, prayer, which is one of the major acts of worship for a child, is legitimate and correct from the point of view of all religions of Islam, and the child deserves a reward for performing acts of worship such as prayer, fasting and Hajj. The command of children to worship and pray, to encourage and emphasize it, is not due to the necessity of these worships, because the condition of obligation is maturity and it is not to force him to worship, but only the method and method of education according to which the child Practice praying to get used to doing this worship. Therefore, the great jurists have interpreted it as "the practice of worshiping the Sabbath." The basis of the research is to explain the arguments of the promise to the legitimacy of children's worship and to respond to the arguments of the promise to practice and to examine the existing arguments in the matter.

The present study was conducted to extract educational goals for the formal public education system of the Islamic Republic of Iran according to the Islamic approach to the difference between men and women. Therefore, using the descriptive-analytical method, the developmental differences between men and women in characteristics such as intellect, emotion, modesty, zeal, astrology, puberty and sexual instinct were pointed out. Then, the differences between men and women in the form of roles and legislative responsibilities such as the role of wife, mother and housewife for women and the responsibility of family and social affairs such as defending the country for men were examined. Finally, based on the mentioned differences, educational goals in the context of one's relationship with God, taking into account the differences between men and women in the Shari'a rulings, one's relationship with oneself, by raising the need for men and women to be acquainted with developmental and legislative characteristics. They have, and the individual's relationship with others, based on the need for men and women to be familiar with each other's developmental characteristics and legislative maps.

In the field of education, one of the important rules for establishing and promoting the religious knowledge and ideas of educators is the rule of guidance. The provisions of this rule are a set of special educational activities and actions that must be performed after the person's awareness; In order for the person to be committed to the knowledge, to create spiritual and inner moods in him and to display religious behaviors in him. Unlike the rule of guidance, in the rule of guidance, one has knowledge of the issue; But the educational agent must institutionalize this knowledge and awareness by strengthening the will, motivating him and possibly changing environmental and social conditions. The obligation of guidance is conditional on science, and this task is assigned to the world. The obligation to lead is also conditional on the possibility of influencing the educator. This article uses inferential and analytical methods to examine the rule of guidance while examining the narrative evidence and its conditions, scope and levels in the training process. In expressing the most important results of the forthcoming research, it should be said that from the jurisprudential point of view, firstly, guidance in the range of duties and prohibitions is obligatory and otherwise it is preferable. Secondly, it is not permissible to use the guidance of others if it leads to harm, coercion and reluctance.

In all fields of science, including educational sciences, there are emerging and new topics such as teaching methods; So far, the Islamic view on these issues has not been accurately and completely expressed. Considering that every event and subject has a ruling according to Islamic jurisprudence; By referring to the sources and texts of the religion of Islam, the ruling of teaching methods can be obtained. For this purpose, in this article, an attempt has been made to present a plan that explains how to study the Islamic view on teaching methods.In the present article, three suggestions have been proposed for how to deduce the ruling of the methods and the strengths and weaknesses of each have been stated. In the other part of the article, the types of arguments that the researcher may encounter in the research process are explained and examples are mentioned for each of them. Explaining the expert and jurisprudential criteria in order to identify the examples of titles in some of the evidences and to identify the ways of obeying some of the other evidences is another topic of current writing.