فهرست مطالب امراله نیکومنش

Practice of religious Jurisprudence (Ijtihad) is not merely knowledge or a profession, but an art. Ijtihad is a queen to which enables its owner to infer Sharia law from its sources. One cannot be appointed as a mujtahid by mere practice and assiduity; In addition to these two, mujtahid need to possess the required passion and talent of Ijtihad. Therefore, prior to becoming a mujtahid, the talented one needs to learn a great deal of knowledge to be assisted in this path. Since the most prominent source of inference for a Mujtahid is Quran and Hadith of Masoomeen(AS) and understanding them is directly relevant to literature, it can be said that literature is considered as one of the most essential and salient antecedents to Ijtihad; thus, it can be concluded that a mujtahid can never be able to Ijtihad unless he learns principles of literature. How can one ignore the eminent role of literature in Ijtihad? ; Whereas in Quran, literary devices such as: brachylogy, implicit metaphor and simile, allusion, metaphor, allegory, etc., are frequently seen in every verse and many narratives. This study has attempted to identify the role of literary principles in Ijtihad and to investigate its impact. Data show that without learning literature, the art of Ijtihad is not obtainable.

Abstract What’s the Quranic view regarding poems and poets? According to Surah ash- Shu’ra verse 224 “And as for the poets- the deviators follow them”. Based on a superficial understanding of this verse, one might believe that the Holy Quran has a negative view towards poems and poets and has scolded the poets. Nevertheless, deeper understanding of this verse and the following verses as well as the way, the date and integrity of their revelation, guide and illuminate us with invaluable concepts. Results show that none of the Quranic conceptions scold the artistic essence of poems and poets. On the contrary, some Quranic verses and narratives which seem to oppose poems and poets are interpretable and justifiable in terms of various contents and situations of poems. As it is clarified in the continuation of this Surah “Except for those who believe, and do good deeds, and remember Allah frequently, … ”, the believer poets are considered as exceptions.

After the appearance of Islam, new words along with grand meanings, jurisprudent terms, philosophy, Hadith and stories, theology, etc, entered the vastness of literature. In the meantime, poets with analytical minds and scientific- literary talent used jurisprudent terms softly and tenderly in their poems. Sa’di being already familiar with these sciences in Al- Nizamiyya of Baghdad, could benefit from jurisprudent terms in his poems. The most legal- jurisprudent terms he used were such as: damage, trust, trade, sham, repentance, limit, Diya (blood money), Haram and halal (dos and don’ts), witness, complainer.
Among Sa’di’s poems, Golestan is considered as educational and advisory. Sa’di has used summaries and rhythmic texts in which all heroes are humans and each story is a combination of “human and the situation”. Evidently in Golestan, highly distinctive human characteristics such as justice and fairness that are also emphasized in holy Quran and the Islamic law, are tested. This study reveals the effects of jurisprudent view of Sa’di considering justice in Golestan writings. The results show that not only the effects are noticeably significant, but also, the use of justice in Golestan in three levels of lexical, conceptual as well as natural, is present.