فهرست مطالب رحمت فرحزادی

Marriage is known as one of the most outstanding events during lifetime and family is considered as the most important legal foundations in human societies. The requirement to get prepared for it and physical maturity and the growth of wisdom strengths of individuals to commence a joint life and getting married are so important that many of legal systems throughout the world have predetermined a minimum of age range to start such a stage in life. The legal system in Iran has experienced several changes and different regulations from many years ago regarding the minimum age requirement to get married. Child marriage is one of the issues that have deprived many of the children of their rights. Early marriage occurs in ages through which individuals have not reached intellectual and logical maturity. Islam has provided rules related to human rights completely and comprehensively and has emphasized their enactment seriously. It values the human personality and supports human beings and sometimes it emphasizes on women’s rights more and supports their rights specifically. In the present research and using library resources, articles, internet websites, and the viewpoints of the scholars in the field and after the identification of proper marriage age and maturity, the changes in legislations in Iran, the results and outcomes of their implementation were investigated. The results showed that Islam values women greatly in a way that women are considered as human beings with thoughtfulness, faith, action, morals, and independent outlooks and methods and responsive as men. Therefore, considering the fundamentals of Islamic law and human rights foundations and the ranking of the genuine Islamic principles regarding all schools of thought in family rights of the women issues seem necessary and prerequisite.

Child marriage is one of the important issues related to children's rights, which is the subject of serious debate and disagreement. In the present paper, an attempt has been made to examine this important issue, what is the approach of jurisprudence regarding child marriage and what are the mechanisms of its prevention from the perspective of criminal law? This paper is descriptive and analytical and the mentioned question has been investigated using the library method. The results of the paper indicate that in jurisprudence, the marriage of children is accepted with the permission of the guardian and considering the best interest of the child and the absence of corruption. Although the legal age of marriage is 13 years for girls and 15 years for boys, in Iran's legal system, it is also possible to marry girls with the guardian permission. The most important mechanism to prevent child marriage is social prevention, including education and cultural promotion and awareness of parents, which is completely possible considering the condition of expediency and non-corruption. The growth of parents' awareness can create mental conditions in them that they have a more up-to-date and broader approach to the concept of children's expediency and are not willing to accept their children's marriage due to different social and cultural conditions. Because paying attention to the fact that reaching the physical and biological threshold (puberty and the start of menstruation) does not mean that a person is suitable for marriage and that children do not have the ability to analyze and evaluate a marriage and it leads to many negative consequences. In addition, it can influence the parents' view about child marriage.

As one of the dilemmas more prominent in our society in the recent years, is the issue of punishment of children, that in some case referred to as child abuse. From the Islamic point of view, upbringing children by methods such as encouragement, playing games, and paying respect are much more acceptable and effective. But, using punishment, which is interpreted as “Correction” and “Tazir”, in particular and special cases and by a definite mechanism, has been referred to as the last method of treatment. Therefore, correction and punishment of children in Islamic jurisprudential teachings have been recognized as one of parents’ rights and statutes acknowleged it. Therefore, under paragraph (d), article 158 - Islamic penal code, the parents’ measures in punishing their children within normal limits have been justified. But, the notion “normal limits” produces ambiguities for this legal right and based on constitutional principle 167, to remove the obscurity, one should refer to sharia references. The present research studied the jurisprudents’ standpoints on the nature of children correction. It also analyzed if correction of a child is discretionary or not. Moreover, it studies Islamic punishment code in this regard.

The Holy Qur'an, in verses 28 and 36 of Surah Al-Hajj, commands the eating and feeding of the meat of the Sacrifice of Hajj and determines its consumers as "self", "miserable poor", "Qane’" and "Mu'tar". Through a descriptive method, this research intends to examine the translation and clarification of these concepts by three contemporary jurists and also determine and explain the jurisprudential narrations in deciding the share of Sacrifice of Hajj in the interpretations of the Holy Qur’an and examine and evaluate the appropriateness of lexical and jurisprudential concepts, dictionaries and traditions based on the meaning of the presented words by each of the respected translatorsAlso, this study, using valid narrative sources, interpretations and lexical dictionaries, has tried to explain the characteristics of the three groups of consumers of the sacrifice and the way the three shares of sacrificial meat are distributed among them. Finally, the topic has been summarized and its interpretation in the exigencies based on the Qur’anic verses has been demonstrated.

Urgency is one of the secondary titles in Shia jurisprudence, because of which the primary ruling is removed, and urgency is sometimes in action and sometimes in abandonment. In other words, urgency refers to being forced to do an act voluntarily with lack of heart satisfaction or complete deprivation of free will. Urgency is the fear of unbearable loss in relation to an act or abandonment. Urgency is a state in which, despite the fact that there is no threat from the outside, a pressure from inside forces him to do something that he is not completely willing to. That is, although he has the will to do it, but this will is not accompanied by inner satisfaction. A person who is forced to sell his house to treat his child is an example of urgency. In this case, he does it against his inner desire and in an emergency, but with will and intention. The jurists have discussed the issue mainly in the book It’amhu va Ishrabhu. The roots of urgency are reluctance, Taghiya, loss and necessity. In this article, we will examine the views of the jurists and the developments of this issue from the past until now using descriptive-analytical methods. The goal is to identify the reasoned and justified point of view among jurists. The result of the article shows the superiority of Ayatollah Khoi's point of view compared to other jurists.

From the Islamic point of view, the "ummah" as a "human being" is first of great importance and secondly, it has moderate effects on human beings, such as death and life, happiness, and cruelty. On the other hand, unity and empathy are desirable for Islam and it calls on Muslims to try to create it and avoid any division. In verses and hadiths, in addition to the rule of reason to praise the creation of unity and condemn division and separation, some jurisprudential rules can be used to prove this importance. The unity of the Islamic ummah is that all Muslims should act in a united, coordinated, and cohesive manner against their common enemies. According to the Qur’an, the necessity and importance of unity are one of the most fundamental social and religious issues of Muslims. The purpose of this article is to study the legal jurisprudential status of the unity of the Islamic ummah based on jurisprudential opinions.

The unity of the Islamic Ummah is that all Muslims, in spite of different views and tastes, act in a united and harmonious manner against the common enemies. Unity does not mean abandoning religions and their views and creating a new religion. Today, the enemies of Islam have targeted not only Muslims, but also Islam, the Qur'an, and valuable Islamic ideals. They get closer to their goals. For this purpose, we have dedicated the subject of this article to the study of religious principles (jurisprudential, theological and moral) of the principle of unity of Islamic courage with the focus on the thought of Imam Musa Sadr. At the beginning of the article, detailed information about the concept of unity, ummah, types of unity of the Islamic ummah, the importance and functions of unity, the role and principles of jurisprudence, morality, theology, jurisprudential, moral and theological obstacles to the unity of the Islamic ummah and Imam Musa Sadr's thought on the unity of the Islamic ummah. We have summarized the issues and mentioned a few suggestions that we hope to take a step towards the unity of the Islamic Ummah, which has a very high status.

In this article, analyzes the intentions of Sharia in Sunni jurisprudence and Imami jurisprudence to examine the effect of intentional on jurisprudence and examines the evolution of intentional knowledge using descriptive-analytical method in the light of process and contemplation in scientific sources.; After the Revolution and the establishment of Shiite jurisprudence with questions that ancient individualist jurisprudence did not face, necessary to pay attention to this issue.Shiite jurists, especially the later ones, have said that; Discovering the purposes of Shari'a in matters such as justice, expediency, security and human dignity can lead man to the abode of transcendence. This research paper seeks to answer the fundamental question: Does Imami jurisprudence have the efficiency and ability to be fully present in society or not? And how can it be used optimally using its potential capacities? How can jurisprudence in general and the purposes of Shari'a in particular help humanity in today's world to solve its problems? Processing the research findings indicates that; Imami jurisprudence has put the knowledge of intentions on the agenda in order to solve the challenges of the contemporary world with a dynamic and rational approach. The purposes of the Shari'a and its rulings follow specific ends, and in principle, the Shari'a is designed to achieve these ends, and the purposes of the Shari'a are not considered to be a mission other than bringing human beings to the shore of salvation.

The Prophet's order to compile the Qur'an at the same time as its revelation is a matter agreed upon among the scholars of the sciences and history of the Qur'an; however, whether the form of writing the words was ordered by the Holy Prophet (PBUH) or after his death was determined by the companions and that the scribes of revelation wrote according to the usual method of writing the Arabic language, or not, is a matter of controversy. This raises the question of whether, in any case, it is necessary to follow the original writing system of the Holy Qur'an in later centuries, and whether the idea that the Qur'anic orthography is not subject to theorizing is correct or not. This article intends to provide a correct answer to the proposed questions by examining the historical course and careful analysis of the opinions of eminent scholars in this field. Based on the finding of this research, it is preferred to adhere to the original and ancient orthography of the Holy Quran in comparison with two other theories, one of which considers the orthography of the Qur'an necessary to be followed and another considers it obligatory to deviate from it.

Researching about the validity of the readings may have some useful results in the field of Jurisprudential Inferences. In addition, this subject is very important in the true reading of surah Hamd in obligatory prayers, which has involved Muslims throughout the history. This paper is to analyze the views of Imamiyah jurisprudents and commentators historically on proving the validity of the readings for jurisprudential inference in one hand, and the permission to read them in prayer on the other hand. Shia has followed the guidance of Imams (AS) on the basis of revealing the Quran in one letter (ḥarf) and rejected the multiplicity of the readings. The uncertainty caused by the variant readings of the Qur'an and the occultation of the infallible Imam (AS), made it necessary to prove the validity in cases of conflict of readings. Thus, referring to tawātur to prove the authority of the readings, at least from the fifth century, has divided the scholars into two groups of pros and cons. The present study, based on the available details, discusses the tawātur and follow-up of the use of different readings by proponents of tawātur and dissidents who have found another way except tawātur to prove the validity of the readings or have denied the validity of the readings basically, has presented the results of discussion in jurisprudential inference and the permission to read the readings in prayer.

Obviously, the truth is that the judge is not immune from error and mistake by virtue of being human. In each case, the probability of mistake and error cannot be ruled out, therefore, it is necessary to monitor the manner of judgment and the issuance of a verdict, and on the other hand, the acceleration of the investigation and the season of hostility require that the supervision of the proceedings to be over at one point. The precision in the proceedings and monitoring the manner of the courts procedure in the above instances involve great importance, but it should not be in such a way that to preclude the termination of claims, henceforth in most countries, after two degrees of litigation. It is assumed that the verdict is in accordance with the fact that it is strictly forbidden to appeal the case (the validity of the closed case). Today this rule is considered to be the most basic rules of procedure, which in the two-stage hearing, in the time of the protest to the verdict and the period for the review, the enforcement of the ruling of the first court, shall be suspended.

Obtaining gamete and its transfer through auxiliary ways ininsemination and fertilization is one of the new arising issueslinking medical technologies with jurisprudence, ethics,psychology, sociology, etc. Gamete as one of the benefits of genitalorgans is the principal element in producing human being.Therefore, transfer of gamete is an ethical, jurisprudential, and legalissue more than being a merely medical and scientific one.The transfer of gamete, although done out of reasonable and humangoals and motives, it may face serious challenges due to itsaffiliation with the owners, its special rules, and its legal andreligious consequences in various aspects. In case of presumption ofreasonable and legitimate benefits, separable benefits such asblood, hair, marrow, semen, and its products are capable ofownership and their sale would be valid. Considering the elementsof time and space in changing the usage of the ritually impureobjects is of high importance. Being ritually impure does not haverelevance in the prohibition of sale , nor is of the sufficient cause ofthe prohibition. Capability of an object to be owned depends on itslawful intended profits. Nowadays the reasonable profits of gameteis proven. However, according to divine law, the child born ofgamete is affiliated to the father and this right is not susceptible towaiving. Therefore, gamete lacks some of the essential elements ofproperty and thus lacks the qualifications of transaction.