فهرست مطالب وریا حفیدی

The Qur'an, like other holy books, has smaller sections that are called "Surahs" based on the Qur'anic verses. The significant and privileged position of the Qur'an is accepted by all Islamic religions, and the effort to preserve this position, along with the divinity of its words, has caused most of the debates that refer to the structure of the Qur'an to be considered Tawfīqī (non-arbitrary) matters. The arrangement of the verses and the scope of the Surahs is one of the things that there is a consensus on their being non-arbitrary; However, there are two general views regarding the naming of the Surahs of the Qur'an. Most of the Qur'anic scholars believe that based on narrative and rational reasons, the naming of Surahs is one of the non-arbitrary matters; while some experts have considered it as a matter of ijtihād2. The acceptance of each point of view will have different jurisprudential effects. This research is of a qualitative type and has investigated the mentioned issue through a descriptive-analytical method based on content analysis. This study by inferring the arguments of both views and relying on the historical analysis of the stages of naming the Surahs of the Qur'an, has preferred the view of Ijtihādī-oriented naming. Of the most important jurisprudential effects of accepting ijtihād in naming Surahs of the Qur'an is the permissibility of accepting new names for Surahs, the point that the Qur'anic names do not imply the valuing of people or the subject, the impossibility of inferring jurisprudential rulings by referring to the names of the Surahs or proving the virtue of names, etc.

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.

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.

Different impressions of religious texts have always been one of the controversial issues, and in the science of interpretation and principles of jurisprudence, certain rules and procedures for the correct interpretation of texts have been presented. However, different perusals of texts have a history as old as jurisprudence. The need for interpretation of texts in the historical horizon of issuance is among the important rules of interpretation that can help to prefer one of the jurisprudential perusals over the others. One of the differences in jurisprudence of Islamic schools is jahr (raising the voice) when reciting bismillah (In the Name of Allah) in prayer. The Shāfi‘īs and Imāmīs are in favor of jahr, while the Ḥanafīs, Mālikīs and Ḥanbalīs are in favor of non-jahr (i.e., lowering the voice). The main reason for both viewpoints is making reference to identical traditions that express the quality of the Imamate of the Prophet (S.A.W.). The present research has investigated the influence of the historical attitude of jurists on the interpretation of identical traditions with a descriptive-analytical method and by citing library sources; and by presenting historical evidence and forming a hadith family, it has shown that the mentioned traditions do not necessarily indicate the negation of bismila and it is clarified by the induction of the related hadiths that the mention of the phrases of the first verse in the hadiths was to refer to the sūra and the necessity of reciting Sūrat al-Fātiḥa in prayer, which due to the acceptance and popularity of the names of the sūras from the second century onwards, this phrase has been taken as the negation of bismila.

Islamic regulations are the source of rebellious criminality that in Islamic Penal Code 1392 Separated from Moharebeh and became an independent criminal. Given that rebellious is a Specific and designated crime and punishable by death, the expectation, taking into account the principles of Islamic law, is to punish the criminals with great sensitivity. On this basis, the subject of this article is how to deal and punish with Acting against the government and Is it in accordance with Islamic Penal Code. This research is descriptive-analytical and analyzed Quran verses and Islamic sources and in the end it became, clear despite the legislator has tried pay attention to jurisprudential rules, but in some cases act hastily and directly anticipates the punishment and ignore of other Islamic solutions

The emergence and rapid spread of coronavirus disease and deal with the transfer of the provisions of health limitations, in particular to refrain from participation in society. On the other hand, the obligation to attend congregational prayers and collective rituals is a common occurrence among all Islamic religions. The question now is whether the widespread and rapid spread of coronary heart disease, given the different methods of transmission, can be a religious excuse for abandoning worship and collective rituals?

The present study, based on the description and analysis of the propositions of Islamic jurisprudence and the library method, has studied the present subject.

Infectious diseases have existed throughout human history and the need to maintain health and hygiene is one of the matters emphasized by the Shari'a. However, there is disagreement among experts about the acceptance of infectious diseases. From the religious point of view, there are general or special vacations whose focus is on relieving embarrassment and hardship. Accordingly, the proof of sharia leave is fixed for a person with coronary artery, but regarding the acceptance of the possibility of contracting the disease as leave, this disease can be accepted as a special leave and with jurisprudential rules such as: the need to relieve hardship or eliminate harm Also emphasizing the need to save lives as one of the necessities from the point of view of Sharia purposes, he accepted the existence of infectious diseases until the discovery of medicine as a special leave.

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.

One of the crime that has long existed in human societies is smuggling and it has found a new concept and approach with the advent of political boundaries. Smuggling has not been investigated as a crime in jurisprudential texts. Of course, it can be criminalized by referring to the principles of jurisprudence and its consequences. This principle «کل معصیه لیس فیها حد مقدر، ففیها التعزیز»Every mite has no estimated limit, so it has discretionary punishments) shows that sins and offenses that are not punishable by religious law are discretionary punishments (ta;zir). If the determination of the type of punishment and its effects has been assigned to the ruler under certain conditions, it is called discretionary punishments (ta;zir). In the law;s of the Islamic Republic of Iran smuggling of goods and the currency is known as a crime and has been punished by such sanctions as: whipping, imprisonment, staying away, and payment of money for intended to deal with criminals. This paper uses the description-analysis method to illustrate the relationship between the jurisprudential principle cited above and the crime of smuggling goods and currency.

The objective of this measurement research is to study the impact of circulating pictures of unveiled women in social networks on the condition of Islamic dress code ( ḥ ijāb ) of the adolescent girls in Mashhad. The high school students of 7 districts of Mashhad Department of Education were selected as the statistical population, with one high school chosen from every district. The total number of research population members amounted to 338; of these, using the Morgan Table, the number of sample members was determined to be 180. The research findings showed that most of the adolescent girls become members of social networks and members of various groups. The average belief in and practical commitment to maintaining Islamic dress code among adolescent girls is in a suitable condition, whereas belief in and commitment to maintaining Islamic dress code among the adolescent girls in cyberspace is lower than the average. Among the pictures of the unveiled women circulated in cyberspace by families, acquaintances, and celebrities, the impact of the pictures of the unveiled women circulated in cyberspace social networks is more than other factors.

The beginning of religion is cognition of Allah and He declares his attributes in the best form in Quran. The holy Quran also is accepted by all Muslims as the most significant of religious cognitive resource. The attempts to protection of interpretation cause the codification and arrangement literary sciences in Arabic language. It was done because of interpreters place these sciences as principles of interpretation of Quran. However، various schools come up with different ideas from same verses to prove and accede what they have in their minds. There are various point views in literary analyses of God’s attributes such as set upon reality or metaphor، irony، homologous، eliminate and etc. which comparison of literary analyses of interpreter with their theology principles، can show the rate of loyalty to their mental basis. This article attempt to illustrate the impact of principles of interpreters on literary analyses of attributes verses.

The holy Quran is accepted by all Muslims as the most significant religious epistemological resource. However, when referring to the same verses, Muslims come up with various ideas and understanding to prove and accede what they have in their minds. As one of the most important literary figures and interpreters who relies on Salafi verbal principles, Alossiattempts to keep in line with and prove his own verbal framework and in doing so he adheres to lexical and spiritual evidences in order to uncover and establish the truth with regard to the verses pertaining to God’s attributes. Referring to Salafi verbal principles, the present article is an attempt to illustrate the possible impact of such principles onAlossi’s interpretative inclinations and the degree of reliance on his own method of verbal principles.