سهیلا رستمی

Background and Goals:

 Hygiene and body health for body maintenance is one of the natural and innate needs of humans and one of the goals of religion, and among the five essentials in jurisprudence. And using the treatment methods is emphasized for realizing this goal in religious doctrines. Cupping is one of the traditional treatment methods that help in the recovery or relief of body pains by streaming the blood (dry cupping) or taking out the blood through surface punctures in the skin (wet cupping). As blood is unclean in Islamic jurisprudence, one of the disagreements among jurists is the impact of taking out the blood on the rules of purity, fasting, and hajj. And the induction and assessment of the pros and cons reasons in this regard may prepare the background for preferring the right view.

 The current research is performed with a descriptive-analytical method of the content analysis type and aims at a comparative study of jurisprudence texts of the Islamic religions to investigate the impact of cupping on the devotional issues including purity (dipping and ablution), fasting, and ihram.

 After concluding the jurists' views and the pros and cons reasons, it seems that cupping does not cause a dipping and does not violate the ablution, and does not revoke fasting. As there are disagreements on the permission of cupping for the pilgrims, it seems that there are no barriers for pilgrims to undergo cupping especially when there is a necessity; but paying the ransom is obligatory.

Keeping the soul healthy has been one of the ancient goals of mankind along history, and its necessity has also been emphasized in religion. One of the ancient therapeutic methods approved by Shari'a is hijāma (cupping). In addition to encouraging cupping, some of its rulings have been stated in many traditions which jurists and hadith commentators disagree on their clarification in detail. Using a descriptive-analytical method, this article has investigated the position of cupping therapy and the quality of the cupping therapist (hājim)’s guarantee. In addition, it analyzed jurisprudential views in these two areas. To solve the problem of incapability of two opposed groups of narrations, in which some condemn cupping while others encourage it, it is concluded that the reason for the condemnation is the possibility of blood getting on the cloth and body of the cupping therapist and the health conditions of the past, so that, like other professions, it is basically permitted (mubāh). Regarding the hājim’s guarantee, if his mistake causes injury to life or limb, it is obligatory to pay the blood money (dīyi). If it is intentional, retribution (qisās) is the basic ruling, and in the case where it is not possible to match the retribution, or in case of the request of the mahjūm (person who was cupped) or his legal avenger of blood, the payment of blood money is obligatory.

Hymenoplasty is a type of surgery to reconstruct the non-existent or lost hymen due to various factors, and its purpose is to restore the ability of the hymen to bleed during the first intercourse after wedding (Zafaf night), and to create a condition that leads to bleeding during the first sexual intercourse. Contemporary Sunni jurists have expressed three views about this act: absolute prohibition, absolute permission and said in detail. In this research, which has been carried out by descriptive-analytical method, after induction and examination of the reasons of all three groups, considering the acceptability and concreteness of the arguments of those who say for restoration, as well as considering the requirements of time and the growing process of restoration among Muslim societies and non-Muslims, as well as the resources available in carrying out this act and preventing violence and the order of oppression and social harassment and the lack of justice for girls whose hymens have been damaged for any reason, also considering the fact that the gender significance of the hymens is derived from social customs and beliefs and has no harmony and tradition with Islamic and jurisprudential beliefs, concluded that the act of restoring one's virginity is desirable and can be preferable because of gaining benefits and creating expediency and creating a peaceful atmosphere without fear of being rejected from the family and society and leaving the marriage forever, of course, it would not be done for the purpose of adultery or adultery.

The Nafaqah financial system is one of the effects of marriage and one of the fixed rights of the wife and is one of the responsibilities of the husband in Islamic jurisprudence. All Islamic sects agree on the need to pay alimony to the wife; yet they are not unanimous on the basis of proving the cause, and marriage contract, imprisonment, tamkin, obligation by contract and establishment by tamkin, tamkin and ehtebas, dukhul of an adult husband or summoning of the husband to conduct dukhul (of course, if the conditions are met) and the right of headship and guardianship over one’s family have been introduced as the principles and causes of rendering Nafaqah to the wife. Using a descriptive-analytical method and adopting a comparative approach between different Islamic sects, the present study investigates the views of jurists. The result of induction and investigating the above views is the acceptance of the theory of Tamkin as the basis for proving Nafaqah of the wife; as all of other views are in harmony with the purposes of Sharia, and the purpose of marriage is the general mission of the family foundation.

Sunni scholars maintain two different perspectives on goodwill: A group has validated it based on the tradition and religious expediency; others have regarded it as illegal according to its lack of religious documentation and its negative consequences. In the present study, the perspective of the proponents of goodwill validation will be approved, based on which receiving goodwill price is free of religious objection. In addition, goodwill is regarded in accordance and consistent with the Landlord and Tenant Relations Law passed in 1997. Instances of acceptance of goodwill price can be in exchange for fame and privilege of a location, or benefit of permanent residence in aforementioned location, or in return for the owner’s waiver in his right to benefit from the ownership, even if the owner of the benefit is not the owner of the object of sale. The result of the induction in the opinions of the Sunni jurists, the Iranian civil law, and legal texts is that there are six types of goodwill in estates and premises. In addition, in all of these types, Sunni jurisprudence and Iranian Civil Law are in accord and consistent with one another, except for the sixth type (traditional goodwill) in some legal texts. This inconsistency, however, seems to be a verbal rather than a substantive difference.

The present study, which is a descriptive-analytic research and has been conducted through content analysis method, examines the concept of Tamkin (Wife Obedience) and its related effects in marital life based on jurisprudence of Islamic schools of thought and law. Tamkin (Wife Obedience) in jurisprudence has a special usage which means the husband’s right to enjoyment with his wife. From the jurists’ point of view, Tamkin (Wife Obedience) has a specific meaning, namely, the fulfillment of the man’s sexual desire, and a general meaning, namely accepting the management of the husband and honoring his will to run the family. The results of the study indicate that one of the most important issues about Tamkin (Wife Obedience) is to prove that if it is Haq (Right) or Hukm/ Taklif (Decree/ Duty), because if it is Haq (Right), the right holder can abolish his right and not exercise it, and if it is a Hukm/ Taklif (Decree/ Duty), it is indestructible. According to the common theory in Islamic jurisprudence, the obedience is obligatory on the wife, and it is a right for the Husband and if the wife refuses, she is considered to be Nashizah (Disobedient Woman), and falling of the right for receiving Nafaqa (Alimony) Ta‘zir (Punishment) and the fall of the right to take an oath are the guarantees for it. According to the verses of the Quran, traditions, Consensus (Ijma‘) of jurists, rational reasons, and legal articles, the final result is that Tamkin (Wife Obedience) is Hukm/ Taklif (Decree/ Duty).

The respect for the right to private property and the protection of it, in all legislative systems is one of the goals of the legislature, and even in the opinion of some philosophers of the social contract, it is the only necessity to justify the establishment of government and the abandonment of part of individual liberty and its transfer to the government. The protection of souls, generations, and rationality, along with the preservation of religion, is mentioned as one of the Objectives of Shariah Law (Maqasid al-Shariah) in the Islamic criminal law. At the same time, the Treasury of Muslims is the mainstay of the economic system of the country, which must be protected from theft and abuse. In the Islamic criminal law, the violation of the right to private property of individuals is subject to extreme penalties in order to prevent unfairness and, consequently, economic corruption in society. However, the different interpretations of the title and instances of public treasury and the existence of some doubts as to adaption between the definition and conditions of the theft of private property to the capture of public treasury, has led some jurists to consider this crime as Haddi Theft and others have not considered it as Haddi Theft but as Ta‘ziri Theft and some others have presented some specific details on their jurisprudential approach in this regard. The legislator has not considered the crime to be Haddi Theft, however, in other ways, under the title of spreading corruption on Earth or through different Ta‘ziri punishments, this crime has been considered by the specific criminal support of the legislator. The preferred verdict is that if someone steals from the public property or treasury of Muslims, he should be punished by Hadd if there are the conditions of the Haddi Theft.

Among the functions of poison, has been for the committing murder. Jurists have various ideas on the evaluation and analysis of murder by poison. The reasons are the differences in the lethality of the poison, the effect of the poison based on the circumstances of the victim, and the quality of its use. These differences have caused the jurists to have different opinions in explaining the type of murder and quality of its punishment. As a result, a group of jurists consider the above-mentioned murder as intentional, and retribution is necessary, another group considers it as quasi-intentional and subject to diyeh. The present article uses a descriptive-analytical method to examine the verdict of murder by poison in Islamic jurisprudence in a reasoned manner. The result of analysis and examination of the evidence is accepting the intentionality of the murder by poison and retaliating the murderer at the request of the parents and other conditions, with a means other than poison to ensure that the punishment is not excessive.

 Medical examinations and treatments are inevitable for everyone. One of the most importan issues for women is to visit a doctor during the fasting in Ramaḍān for the treatment of certain diseases of the genital tract. In this study, relying on the principles of Islamic jurisprudence by following the original jurisprudential sources, we seek the answer to the question that if a woman in Ramadan due to genital diseases to visit a doctor for treatment, the treatment will invalidate the fast or is the fast still valid?

 The present study is a descriptive-analytical method of content analysis to examine and explain the ruling of examining the genital tract in fasting by comparative analysis in Islamic religions' jurisprudential texts.

 The jurists of Islamic religions have expressed two views in favor of the invalidity of the reproductive system on Ramaḍān, for and against the invalidity of fasting, citing verses, hadiths, and narrations, rational and medical reasons. Relying on the reasons presented by those who believe in the validity of fasting and considering the effect of time requirements on the issuance of rulings on emerging issues and advances in medical science and the need for examination and treatment, the opponents' views are strengthened.

Financial reporting directly affects the capital market. The fee for auditing services is an essential condition for ensuring financial reporting. However, higher audit fees do not always reflect higher quality audit costs. The results of abnormal auditing related research are also found in various forms in the accounting literature, indicating the complexity and uncertainty of interpretation of audit fees and its relationship to financial reporting. The purpose of this study was to investigate the relationship between audit fees and earnings quality and financial reporting quality in listed companies in Tehran Stock Exchange. The required information for this research is taken from the financial statements of 119 companies over the period 2014-2018. The research method is descriptive correlational with applied approach and the data collection method is based on the theoretical foundations of the library method and in the hypotheses testing part is the financial statements documentation method and  Panel analysis was used to analyze the hypothesis. Model estimation results showed that there is a significant and negative relationship between audit fee and earnings quality and financial reporting quality of listed companies in Tehran Stock Exchange.

The purpose of this study was to investigate the occurrence or non-occurrence of divorce in cyberspace by email, texting or other mass media, the research was descriptive- analytical and was conducted using content analysis. The data gathered based on library and documentary method. The virtual divorce means that the couple divorces his wife by using an email (email) or a text message and the like. The jurists are dissenting about the occurrence or non-occurrence of such divorce. A group believes that although divorce is subject to circumstances, divorce in this way is due to the opposition to the religious law, the lack of conformity with the Islamic lifestyle, the existence of deceit and deceit, the lack of mutual will, the promotion of chaos in society, and the destruction of the foundation The family is not allowed. In contrast to the advocates referring to the general and divine laws and divorces, the analogy to Hazel divorce and written divorce, the confession of the couple in the presence of the judge and his determination to divorce, and the submission of the e-mail containing the registered electronic signature and compliance with the terms of the divorce, Its occurrence is permissible. Based on the research carried out, the theory of proponents, according to the prescribed conditions, seems to be justified due to the strength of evidence, the conformity to the general demands and the requirements of the present age.

The purpose of this study was to investigate the changes in the status of women in different historical periods and the context of changing their rights and positions in Islamic societies at the beginning of the fourteenth century AH, based on analytical historical method. It is a kind of content analysis. The rise of Islam was the beginning of a huge change in the rights and status of women. During the Prophet's time, women were active in all areas of society; But this era of dignity did not endure much, and after the death of the Prophet (PBUH), such factors as the return to the traditions of ignorance, the prevalence of corruption, the intercourse with alien cultures, the propagation of patriarchal thoughts, the emergence of extremist views, the instrumental look of women and the neglect of their education, The grounds for degeneracy were the status of women in society and the woman lost her value and respect and was banned and banned. By the beginning of the fourteenth century, factors such as the emergence of the industrial revolution and France, the proliferation of modernist issues, colonization and tyranny, and the struggle against it, the emergence of capitalism and urbanization of women, Human advances in new technologies, the urgent need for reforms in the Ottoman Empire, in addition to widespread transformation in Islamic societies, Once again, they provided a platform for the evolution of women's rights and status after the period of recession and caused widespread changes in their rights

the scholars of Islamic denominations are not agreed upon the true meaning of the term “Nikah” (marriage). The preponderant and superior opinion among Islamic jurists is that the word “Nikah” (marriage) in fact means legal contract. The proponents of this view have relied on Quran, tradition, and reason to prove their theory. This group believe that marriage means legal contract in the Qur'an in all verses. In contrast, a group of jurisprudents consider the meaning of “Nikah” as sexual intercourse (Waty) and another group believe that it has both meanings, i. e. intercourse and legal contract. Some jurists have also said that it means “Dham”. Each of these groups have cited proofs for their theory from Quranic verses, traditions of the holy Prophet (pbuh), and rational reasons. The acceptable proposition is the promise of the first group, since copulation and Waty (sexual intercourse) is obscene, and it is considered immoral. Also, in the holy Quran, the word has merely been used to refer to the meaning “legal contract” and the authenticity of the denial of the meaning of Waty (sexual intercourse) implies the metaphorical use of Nikah in the sense of Waty. Disagreements on the matters such as testimony in marriage and the creation of Mahramiyyat due to adultery are the results and effects of disagreements in this discussion.

The credibility of women’s testimony in Islamic jurisprudence has been controversial. Although it is not a new subject and it has been proposed for a long time but this cannot avoid us not to address the new comments on this issue and not to consider different attitudes toward it in order to understand legislator’s opinion better. Two approaches can be proposed in this field. First, gender-based approach which treats a woman’s testimony as half of a man’s based on rational and narrative reasons. On the other hand, the second approach, in the historical context, attempts to adjust the attitudes which can be the cause of misunderstandings, through reinterpretation of situations in traditional approach and the analysis of citation reasons and provide the possibility to bypass the traditional approach based on time and space requirements and juridical-legal modernity in order to pave the way for a modern approach towards women’s testimony. The latter approach through accreditation to women’s testimony, assumes women’s testimony as a small issue in dynamism of Islamic jurisprudence, so that it can keep pace with time and space changes.

Delivery in addition to being stressful situations for a pregnant person, it is an important phenomenon in the life of the mother and pain result from it, is unavoidable and is also more severe and longer in nulliparous women. Due to unfavorable labor, to investigate the factors influencing is important.
This research is a correlation study that for the implementation among nulliparous women referred for delivery to Bushehr Persian Gulf Martyrs Hospital, a sample of 120 subjects was selected by convenience sampling in the period between February 2016 and June 2016. Samples were evaluated using Percent Behavioral Intensity (PBI), Visual Analogue Scale (VAS), Ahvaz hardiness inventory (AHI), Connor-Davidson Resilience Scale (CD-RISC) and Philips Social Support Inventory (PSSI). The data were analyzed using linear regression analysis with enter and stepwise method by SPSS.
The results showed that psychological hardiness, social support and resiliency are able to predict the severity of visual and behavioral changes of feeling labor pains in nulliparous women, So that these variables have a positive effect on labor in nulliparous women.
According to research findings, it seems to promote resiliency, hardiness and social support in a pregnant woman can be effective in pain management and by overcoming on negative emotions and fear is provided a pleasure experience for women. It affects to prefer a normal delivery compared to cesarean section.

Postmenopausal is the woman whose menstrual periods stop permanently, and she is no longer able to bear children. There are no certain and specific Quranic verses or hadith or rule about the age of menopause in Quran so jurists have their own ijtihad according to the related verses and hadith with regard to the time and space requirements and by considering menopause of peers and close relatives. It leads to different opinions which are considered as legal implications and suspicious reasons not as final verdict. And it is arisen as average age of menopause. There is no reliable method in medical science either to determine the exact time of menopause. Its occurrence depends on women’s genetic and life style. Different questions have been arisen due to different opinions among jurists and lack of consensus among them on religious duties. Legal issues of doubt between menstruation and asthmas (blemishes), physiological changes during menopause or after that and its impact on women’s body and soul make it necessary to be studied. Therefore in order to clarify the subject, first menopause is defined in this research then different jurists’ viewpoints about the age of onset of menopause are discussed. Finally the viewpoint of "failure to specify certain age for menopause" is considered as the best opinion and comment.

The aim of this research was to investigate the effective factors on the decline of women’s status after the demise of Islam’s prophet. The research design was analytical-descriptive with library method. The factors included first regression to the rituals, customs and traditions of ignorance period about woman, such as humiliating women and giving superiority to men. Second, dictatorship and autocracy of some rulers which resulted in the prevalence of immortality and lacking the growth of human virtue and finally vulnerabilities to the women; third, the prevalence of patriarchal thoughts in anticipating the problems about women and interpreting the  verses of Quran and Hadiths and narratives in a way of benefitting  to men and weakening  the women; fourth, mixing Islam culture and foreign culture that had no any value for women and influence of such thoughts into Muslims; fifth, prevalence of extremism and fanaticism in society and prohibiting  women’s cooperation in different social areas and even going to mosque; sixth, instrumental view to women as a tool for fun, entertainment and abuse; seventh, inattention to education of women and restricting them inside a house and depriving them from education and obtaining knowledge.

Establishment of jurisprudence committees are one of important examples of gregarious Ejtehad in recent Era. Furthermore this would be a starter for an important age in history of Islamic Tashri’ which Ejtehad would release from limited individual or territorial monopolies. Thus it would embrace beyond geographical bonds and Islamic Ummah’s Mojtaheds, until using from any expertise and talent for growth of this Ummah. The function of jurisprudence committees are based on egregious Ejtehad and scientific researches that in there jurisconsults and Islamic scholars declare their thoughts via consolation, discussion and dialogue till select an idea which is more provable and it is nearest to Shari’at’s rules and Ahkam. With an outlook toward activities and duties of contemporary jurisprudence committees we could clearly see their influence on this kind of Ejtehad. Returning committee’s validity actively is results of jurisprudence committees in contemporary era for solving problems and difficulties, and also refers to thoughts of other Mojtaheds in Fatwa’s field. The establishment of these committees shows Muslims’ attention and attempt to their religion that they would understand which prayer is acceptable and which is not, and recognize their Halal and Haram in their prayers and deals. Without any doubt, elude of Muslims from great jurisprudence sources on one hand and utilizing individual understanding in solving complicated and Hadith problems in other hand has weaken jurisprudence in responding to problems. While establishing jurisprudence committees, which Fatwa is result of gregarious Ejtehad of Islamic Ummah jurisconsults’, could gratify dangerous results and problems.

About Emamah of woman in congregational praying totally from jurists four view were present. The famous and common view is woman couldn’t become Emam in men congregational praying but this is possible in women congregational prying. On the contrary of this view there are other ideas that one believes on absolute invalidity of this idea and other one believes on validity of it, and the third view accepts woman’s Emamah in some conditions. Those who believe on invalidity of Emamah of woman congregational praying for proofing their ideas use Qur’an, Sonnah, Ejma’ and logical reasons. In other side, those who believe on validity of Emamah of woman in congregational praying utilize from Naqli reasons such as Hadith of “Omme Varaqah” and logical reasons. This article with presenting this specific subject examines jurisprudence perspectives and finally concludes that the view that accepted woman’s Emamah in congregational praying for women and not for men is more common and other explanations are not logical and considers by emotion.

The aim of this study is to assess antioxidative and pro-oxidative efficacy of ascorbate on serum albumin during iron-induced oxidative stress. In this experimental study, albumin was placed in the oxidative system containing iron ions and different concentrations of ascorbate. To monitor albumin degradation, sodium dodecyl sulfate polyacrylamide gel electrophoresis was performed according to Laemmli procedure. Oxidative modification of albumin was demonstrated using a method for determination of carbonyl groups by 2,4-dinitrophenylhydrazine. By applying the carbonyl assay, ascorbate showed a dual effect: initial pro-oxidative effect on albumin changed to an antioxidant one in a dose-dependent manner. Our findings showed prooxidant effects for ascorbate in low concentrations (0-100 µM) and antioxidant effects in higher concentrations (100-300 µM). Also, electrophoretic pattern of plasma proteins showed significant protein aggregations in the range of 35 to 45 kDa of MW and protein degradations in the range of 115 to 180 kDa. Ascorbate can produce reactive oxygen species and can also inhibit the production of these oxidants in the presence of iron ions as well. These findings may be directly applicable to oxidative states during the administration of ascorbate and may be important in preventing oxidative modifications of proteins in blood circulation and other biological fluids.

To date, the function of auditory efferent system remains unclear. There is evidence that medial olivocochlear bundle receives descending input from the cortex. In this study, the effect of auditory selective attention on stimulus-frequency otoacoustic emissions (SFOAE) was analyzed to investigate the modification of peripheral auditory system by auditory cortex activity in frequency specific mode.

Thirty-six normal hearing adult subjects with their age ranging from 18 to 30 years (mean age: 21.9 years) participated in this cross-sectional study. Contralateral suppression of stimulus-frequency otoacoustic emissions was recorded in the right ear at 2 KHz. In order to eliminate the auditory attention, subjects were instructed to read a text. Besides, in order to evaluate the effect of auditory attention on contralateral suppression, subjects were instructed to detect target tones in background noise at 1000, 2000, and 4000 KHz.

A significant increase at contralateral suppression of stimulus-frequency otoacoustic emissions was observed in auditory selective attention conditions (p≤0.001). The largest magnitude of stimulus-frequency otoacoustic emissions suppression was seen at 2 KHz.

The results of this study indicated that the activities of medial olivocochlear bundle enhanced by contralateral auditory selective attention increase the magnitude of stimulus-frequency otoacoustic emissions suppression. In fact, these results provided evidence for influence of auditory cortex on the peripheral auditory system via corticofugal pathways in a frequency specific way.

According to the famous theory in Islamic jurisprudence regarding diya, the diya of a woman, generally, is considered as half in comparison with a man’s. To prove it there are some reasons attributed to quran, Sonnat, Idjma and qeas. In spite of the famous view, there are a few of early jurists who argued for being equal of dyia for both woman and man. Their rationale is the generality of the quran’s verses concerned, the weakness of the original of related sonnat, inconclusiveness of the alleged idjma, and the in correction of qeas. The latter, which has been supported by contemporary theorists and also has affected high level policy- makers, is in consistent to the common spirit governing and aims of Islam, on the one hand, and closely matches the existing public demands and current requirements, on the other hand. This paper, criticizing the famous theory, tries to amplify the theory of equality between the woman’s and man’s diya.