محمدرضا کاظمی گلوردی

One of the most important jurisprudential rules used in performing the rituals of the Hajj and the jurists have used these rules to deduce some of the religious rulings of the hajj is (Anyone who wants to cross the Meqat is obliged to enter Ihram). This rule is one of those jurisprudential rules that have been specially considered by jurists in the Imamiyeh and four religions of Sunni, but only in Shi'a jurisprudence as a separate rule. According to this rule, anyone who turns to Mecca when he reaches one of the occasions, Ihram is obligatory on him, and it is not permissible to cross the Meqat, but sometimes there are issues that delay the Ihram from the Meqat or Ihram before Meqat, etc. This article examines the aforementioned rule in the jurisprudential texts of Imamiyeh and Sunnis and after reviewing the documentation of the rule, explains its application along with its related issues in the rituals of the Hajj. And so the points of disagreement between the scholars of the five religions are also revealed.

Women's rights are one of the important legal fields that are faced with different views in traditional jurisprudence, all of which are rooted in foundations and methods. The fundamental question is what are the foundations and practical challenges of rebuilding the traditional jurisprudence approach to women's rights. With a critical analytical approach and focusing on the findings of traditional jurists, this article tries to answer the above question and find out in which areas the approach of traditional jurisprudence in the category of women's rights needs re-reading.The findings of this research show that the challenges to the traditional approach and its foundations in women's rights are multiplying and increasing, so that it can bring the role of this jurisprudential approach in human life to a crisis, and this involves the need to update and modernize the traditional approach to jurisprudence in order to be present in the public and humanitarian sphere in the surrounding world. In this article, after explaining the concepts, only some of the challenging foundations of the traditional approach to women's rights; Just like the human personality, the legal personality and the spiritual personality of the woman have been investigated.

Sale is one of the words that is known as one of the most widely used words in Islamic jurisprudence. And apart from entering the codified laws in the modern era, it has already followed the moral teachings. Islamic jurists have each defined the nature, pillars and types of sale as one of the definite and important Islamic contracts. Regarding sale, it should be said that in some definitions, the early Imami jurists considered the nature of the exchange of two property, while the famous Islamic jurists consider its nature as acceptance and acceptance, which makes the seller the property of the customer and the price the property of the seller. In this research, we analyze the moral teachings of jurisprudence and law on sale with emphasis on the views of Imam Khomeini and other Imami jurists.

This article has been prepared and compiled in a descriptive and analytical manner with the use of library resources with the help of fishing tools.Ethical considerations: from the beginning to the end of the article, relying on ethical principles; Honesty and fidelity have been developed.

The findings indicate that moral teachings in sale have a valuable role in Islamic law, so that in the definitions of late and contemporary Imami jurists, a kind of semantic change can be seen in the interpretation of sale. And from the point of view of Imam Khomeini and other Islamic jurists, the elements of possession in property are concepts

The issue of Islamic government and the right of governing and the criterion of legitimacy has been one of the most controversial topics of the Islamic society during its fourteen centuries period. Since such issues cannot be examined regardless of the rule of the Prophet of Islam (pbuh) and his political tradition, therefore, many religious and political scholars have been forced to examine his rule in Medina in issues such as Imamate, Caliphate, government, etc., but they have not been able to reach a unified consensus regarding on its religious or political nature. It seems that in order to solve this problem, first of all, the question must be answered which political, intellectual or divine mission was the result of the government formed in Madīnat an-Nabī (lit. 'City of the Prophet' or 'The Prophet’s City') after hijra? Naturally, as a result of the discussion, any of the aforementioned forms can play an important role in the political functioning of religion. It is no longer possible to deny the political authority of religion and the Prophet (pbuh), as well as the necessity of continuing this authority for according to the third assumption. However, it is possible to dispute the political authority of the religion and the person of the Prophet (pbuh) in the first and second assumption. The author believes that the Prophet (pbuh) built the government according to God’s command (religious duty), and the intellectual and political necessity was merely a confirmation of the Qur'anic proof of the sharīʿah (God’s law) necessity of the Islamic government, and the author examines this issue in this article by an analytical method.

Sometimes, certain instances of jurisprudential opinions seem to be in conflict with moral principles and values. Among such instances is sexual enjoyment from a minor wife permitted by a group of jurists. The present study, through a library and analytical-descriptive method, seeks to criticize that fatwa, introduce the different opinions of jurists in this regard and examine their proofs in addition to examining this issue from both legal and factual aspects, taking into account the child’s mental injuries from the perspective of Psychology knowledge. The authors believe that given the proved mental injuries as well as severe mental disorders inflicted on the child as a result of sexual enjoyment and based on the rule of negation of detriment and harmful precepts in Islam, sexual enjoyment from a child wife may not be permissible from the viewpoint of Sharia and the opinions of certain jurists regarding its permissibility originate probably from their failure to discover and identify its numerous mental injuries and non-proof of its customary and moral obscenity to them; otherwise, in case of identification of such injuries, they would also issue a fatwa regarding the prohibition of this issue.

The Prophetic tradition is considered the second source of ijtihad and inference of the branches of religion and religious rules after the Qur'an. In this collection ،he deals with the hadiths of jurisprudence in which the prophetic tradition is cited and typifies their arguments and then presents them in the jurisprudential books of Shiite jurists to show how they interact with such arguments of the Imams. Pure (pbuh) examines and evaluates their behavior with the behavior of the pure Imams according to the prophetic tradition and answers the question of whether the jurists behaved like the pure Imams (pbuh) in their jurisprudential citations or behaved differently Have they? Is it possible to obtain a rule or a general rule or even a general one derived from these arguments and citations and use them in the course of ijtihad or not? Have the jurists done this? The main purpose of this study is to analyze the arguments of the Imams (as) in extracting jurisprudential rulings and citing and applying the Prophetic tradition ،as well as how they are used and the quality of their use in Shiite jurisprudential books ،including Jawahar al-Kalam. Is twelve. The method of data collection in this study ،due to the technicality of the discussion ،relies entirely on the use of library and filing methods ،so referring to Shiite jurisprudential sources and examining their jurisprudential views is one of the strategies for writing this study accurately and correctly. One of the results of this research is the reason for citing the Prophetic tradition by the pure Imams (PBUH).

hypothetical jurisprudence, which with a little leniency can be called jurisprudence in  vacuum, is a product of foundations, methods, causes and factors, which due to its strong presence in the background and present of the institution of jurisprudence, requires a critical look in order to be more precise and objective with it. Paying attention to hypothetical jurisprudence as a jurisprudential approach is due to the fact that jurisprudence and jurists have distanced themselves from social realities and the objective challenges of the obligees on the one hand, they are boycotted from the government and marginalized on the other hand, has had consequences that in this article, while pointing to some of its foundations and harms, have been tried to be addressed on a case-by-case basis as a result of the lack of attention to thematics, an issue that has been considered by thinkers and those concerned about making jurisprudence more efficient in these decades.In this essay, the mentioned problem has been researched with a descriptive, analytical method and with a critical approach, and the hypothesis has been strengthened that the lack of attention to jurisprudential thematics and the decline of its place in the operation of inference is mainly the result of the rule of the hypothetical approach to jurisprudence.

One of the prominent manifestations of restorative justice is mediation, peace and compromise, which is referred to in the Holy Qur'an as the reform of the essence. The reform of the essence is one of the programs emphasized by Islam in cases of conflict. Which is done with the participation of members of the Islamic community (person or third parties who are called mediators) and the active and free participation of the parties to the dispute and seeks to establish peace and reconciliation and friendship between the parties to the dispute through reparation and compensation. This new establishment, with the efforts of jurists and the application of issues related to resolving disputes with the enlightened religion of Islam and jurisprudential texts, as well as a look at the rights of developed countries from the perspective of the judiciary, is gradually included in the legal texts of the country. Also becomes. However, the research findings indicate a significant effect of the use of mediation mechanisms in reducing the volume of cases and also the number of court appeals. Based on this, it can be concluded that mediation based on the Qur'an and Sunnah has a significant role in achieving restorative justice in the criminal proceedings.

In the present article, by relating verse 29 of Surah Al-Hajj, known as the verse of Tawaf and documenting the authority of custom in applying the concept of Tawaf to its example, three possible examples for Tawaf of the Kaaba  from its height dimension have been proposed and the subject of research:1. Tawaf around Kaaba; 2. Tawaf in front of the space above Kaaba to the sky; 3. Tawaf from the first floor of the Kabba. Finally, it is concluded that Tawaf from around Kaaba as the first example of Tawaf of the Kaaba is certain. The second possibility has no defensible evidence for Shiite jurists and is not acceptable. However, popular jurists and a small group of later Imami jurists have accepted it. Regarding the third possibility, which is the new word of this research, evidence on the permission of Tawaf from the first floor of the Holy Mosque by choice has been presented as another example of Tawaf of the House.

Many scholars claim that an analytical look at the history of Islam clearly shows that the post-prophet Islamic society underwent epistemological and behavioral transformations in many important areas that were of particular interest to the Prophet, and in a gradual movement distanced itself from the concerns of the Prophet.But it seems that if such a long and fragile claim cannot be accepted; But according to the abundant historical evidence, there can be no doubt that the Prophet's view of women's personality and rights was different or inconsistent with what was later formed in the religious community.In this article, while briefly explaining the personality and position of women in the prophetic age and the capacities created by the Islamic epistemology system to realize their potential, an attempt is made to answer the question of when and how the change in the personality and rights of post-apocalyptic women it fell?The brief answer to these questions, which is followed by historical reports based on analytical historiography, is that the first fundamental steps for this deviation in the Umayyad caliphate seem to have been taken, for example: Return of sexual discourse to the relationship. Men and women, returning to an object-oriented view of women, promoting moral corruption in order to prevent the moral and human capacities of women, and so on can be mentioned.

Many scholars claim that an analytical look at the history of Islam clearly shows that the post-prophet Islamic society underwent epistemological and behavioral transformations in many important areas that were of particular interest to the Prophet, and in a gradual movement distanced itself from the concerns of the Prophet.But it seems that if such a long and fragile claim cannot be accepted; But according to the abundant historical evidence, there can be no doubt that the Prophet's view of women's personality and rights was different or inconsistent with what was later formed in the religious community.In this article, while briefly explaining the personality and position of women in the prophetic age and the capacities created by the Islamic epistemology system to realize their potential, an attempt is made to answer the question of when and how the change in the personality and rights of post-apocalyptic women it fell?The brief answer to these questions, which is followed by historical reports based on analytical historiography, is that the first fundamental steps for this deviation in the Umayyad caliphate seem to have been taken, for example: Return of sexual discourse to the relationship. Men and women, returning to an object-oriented view of women, promoting moral corruption in order to prevent the moral and human capacities of women, and so on can be mentioned.

Mediation, which is referred to in the Holy Qur'an as the correction of the essence, is a method of confrontation between the victim and the offender, the process of which involves the participation of a person or third parties called a mediator or facilitator. The victim and the offender help to reach a mutual agreement. Mediation by a court judge is recommended by many jurists and in addition to civil matters, it also includes criminal matters (especially ta'zir punishments); , That is, mediates and seeks to answer the question of whether restorative justice can be done through mediation and reform of the essence.

The research method in the present article is descriptive-analytical.

The findings of the study indicate a significant effect of the use of mediation mechanisms in reducing the volume of cases and also the number of court appeals. Based on this, it can be concluded that mediation based on the Qur'an and Sunnah has a significant role in achieving restorative justice in the criminal proceedings.

Specific military and disciplinary crimes are crimes that only the military can commit and it is not possible for civilians to commit these crimes. And has been to deal with the increase in their crimes, hence the establishment of military courts, the development of criminal laws of the Armed Forces throughout history and the comparison of some previous and subsequent laws and its analysis to prevent crime or reduce it in the forces Armed for their health can be essential.

The research method in this article is analytical and descriptive. Findings and

Strategies for the prevention of specific military and disciplinary crimes in Iran's criminal policy can be done in two dimensions: criminal prevention and non-criminal prevention. And considered deterring employees from committing crimes. In case of low impact of the mentioned laws in preventing the occurrence of specific military and disciplinary crimes, using other methods of non-criminal prevention (social prevention and situational prevention), to the desired goals, which is crime prevention and staff correction Put it into action.

Security is one of the most basic human needs, which due to its various dimensions and breadth of concept, has several definitions. This has led to a positive and significant correlation between soft security and the concept of social capital. Social capital includes components such as trust, interaction, participation, satisfaction and social welfare. The spread of rent-seeking and its destructive effect on social capital causes damage to the components of soft security in society. In the present study, two methods have been used to achieve the accuracy of this statement. A: A descriptive method that is based on collecting the views of experts and describing and analyzing these views. B: A survey method that actually counts, categorizes, analyzes and concludes the content reflected in the social network Twitter. Finally, the results obtained from the collected information and statistical data confirm the statement that the expansion of rent-seeking has a negative impact on the soft security components of the Islamic Republic of Iran.

Dhat al-Riqa is a part of Wadi al-Aqiq called by the Holy Prophet (S) the Miqat of the people from Nejd and Iraq. The Sunnis, by consensus, consider it as the place of entering ihram; however, Imamiyyah jurists provide three propositions: the famous jurists specify the permission of entering ihram from Dhat al-Riqa in an optional way. According to the interpretations of some jurists, entering ihram is obligatory before Daht al-Riqa in a non-taqiyyah case or an illness state; while a few contemporary jurists refer to the necessity of entering ihram from Dhat al-Riqa in the condition of taqiyyah. Examining the three propositions, this research revealed that the first one was accepted, the second one was put aside and a hidden meaning was considered, and the third one did not contradict the permission of entering ihram from Dhat al-Riqa in an optional way; that is, entering ihram is permissible from Dhat al-Riqa as an option while it is obligatory in the state of taqiyyah; though, taqiyyah has no justification in the present age.

'Tajarry' is always one of the controversial issues with involved crime in the field of the philosophy of criminal law and on the other hand it is elegantly linked to the philosophy and theology. In criminal law, 'Tajarry' is considered as an impossible crime. Of course, that criminalization is faced with a delimma challenges. This article is a discussion of this topic seeking answer to these quastions; First : is proof of punishment for 'Motajarry' stopped on proof of object indecency and subject indecency? Secondly: what is the legal nature of impossible crime? Thirdly: is 'Tajarry' criminalization justified? The approach is that; there is no doubt in 'Tajarry' subjective indecency. And suppossing proof of 'Tajarry' objective indecency proof of punishment is difficult. So 'Tajarry' criminalization as a rule based on religious ethics is not justified. Moreover the reality of criminalization in 'Tajarry' suggests that the islamic penal code (1392) with an ethical approach have been seeking maximum defense from moral blame and this is while based on religious morality defense of the impossible crime, criminalization not justified as a rule.

The no-harm rule The jurisprudential rule is taken from the text of the prophetic hadith "no harm and no harm in Islam" which indicates the denial of harm to oneself and others in Islam and its sanctity. The no-harm rule is one of the well-known rules that is used in most chapters of jurisprudence, and in its importance it has been said that it is one of the five rules on which jurisprudential issues are based. The "harmless rule" is one of the rules: which has a valid jurisprudential and rational document and is indicated by several verses and narrations. And it has "rule" over many other jurisprudential rules. The provisions of the no-harm rule are "absolute" and therefore include any harm. According to Article 18 1 1 of the 1982 Convention on the Law of the Sea: "Safe passage" is a right recognized under the conditions for the passage of foreign ships in the territorial sea. Paragraph 2 of Article 19 of the Convention lists eleven cases of "harmful instances". Pursuant to the provisions of paragraph 1 of Article 21 of the 1982 Convention on the Sea, the Government of the Islamic Republic has the authority to legislate and implement it in its territorial waters and can prevent any damage from foreign ships.

Representation in Hajj has been discussed and argued in various contexts since the early centuries of the Islamic period. In the jurisprudential sense, representation means becoming a substitute for another person to perform a certain action, and from this point of view, it is similar to power of attorney, which also includes the concept of making possession lawful or influencing possession. According to jurisprudence, the deputy in Hajj should have the intention of becoming the deputy and the intention of the curse should be determined by the intention. If the vicegerent dies after entering ihram and entering the shrine, Hajj is permissible for him and the vicegerent, and the vicegerent will be entitled to all the rent. The rule is that it is not permissible to represent two people in one year; But this rule has two exceptions: first, representation in Hajj and second, the occurrence of coercive conditions. The result is that in case of incapacity of the person, representation in the dimensions of Hajj is separate from him. But if there is anything left from the reward after the end of the Hajj, it is a vicegerent for himself. And if the reward for completing Hajj is low, it is not obligatory to complete it on the basis of the curse, unless it is mentioned in the contract. Therefore, the present article, taking into account the above issues in a descriptive-analytical manner and relying on jurisprudential sources and narrations among Imami and Sunni jurists to the rulings, deputy and subordinate conditions regarding performing Hajj in special cases, compulsory and. .. will pay.

although the jurisprudential guardianship in its political sense is an idea belonging to the contemporary era and establishment of Islamic Republic system in Iran, it is historically rooted in the thoughts of the Shiite jurisprudents who have fostered the elements of this concept during various eras. Based thereon, the present study aims at the investigation of the history of the jurisprudents’ guardianship as viewed by Sheikh Tusi also known as Sheikh Al-Ta’efeh [the elder of the tribe].

the study method is descriptive-analytical and use will be made of the works by Sheikh Tusi and other Shiite jurisprudents and scholars as the primary sources of the research. Therefore, the required information has been collected based on documentary and library research.

the mindset of Sheikh Tusi about the guardianship of the jurisprudents is based on their playing of roles in the social and judicial affairs as well as their devising of strategies for receiving Khoums [one fifth of the properties) and dealing with the financial matters and his mindset does not feature a prominent political aspect. However, the ideas of the jurisprudents about various affairs of the society is influential and articulate in the era of occultation of the immaculate Imams (peace be upon them) for they are individuals with sufficient recognition and knowledge in the area of the religious verdicts and this same approach has become a ground for the fostering of the theory of jurisprudential guardianship by the other Shiite scholars which is reflective of the theory’s perfection in the course of Shiism’s history.

proposing jurisprudents as the continuers of the movement by the great prophet of Islam (may Allah bestow him and his sacred progeny the best of His regards) and the immaculate Imams (peace be upon them) in the domain of various issues, fostering of the Shiism’s political mindset based on the guardianship of the jurisprudents against the political mindset of the tyrannical sultans and the fellows of oppression and considering the jurisprudents as rightful persons in the judicial and non-litigious matters are amongst the indicators that can reveal the mindset of Sheikh Tusi as a carrier for the transferring of the theory of the jurisprudential guardianship to the future eras.