مقالات رزومه دکتر علی محمدیان

In recent centuries, a theory has emerged among some Imami jurists that some Shari'a rulings are based on the principle of lack of immunity and lack of respect for the beliefs of religious dissenters (non-Shi'ites), which is interpreted in jurisprudential literature as “opposite.” This theory, however, contradicts the teachings of Islamic human rights and presents a repellent, inhumane image of the Imami school. The need to re-read the alleged evidence is therefore doubled. Given the paramount importance of this issue, the present research adopts a descriptive and analytical method, utilizing library resources to scrutinize the arguments presented by these jurists. After explaining and analyzing their evidence, the study concludes that the claimed argumentations lack the necessary jurisprudential validity and are insufficient to substantiate such a viewpoint; therefore, the requirement of the basic rules is the need to respect and protect the honor and dignity of all Sharia people, and any violation from this first principle will require a valid shar’i statement and reason.

This research aims to critically study narratives that refer to avoiding association with certain ethnicities and races. This series of news is included in the Imᾱmῑ narrative heritage and has raised some challenges and questions. It is important to take the correct position on the issue and explain the Sharia approach objectively. This essay based on the descriptive-analytical method first extracts these narratives from the Imᾱmᾱ Hadith collections and then, after explaining them, analyzes them from two aspects: sanad and content. The research concludes that many of these narratives are poorly narrated in terms of sanad, including them among wᾱhid news. As for the content, presenting such narrations to the Qur'an, Sunnah, intellect, and morality, indicates the instability of their themes. The authors propose two methods for handling these narratives: 1) justifying and interpreting some of the news to provide an interpretation that is appropriate for the time and place, and 2) disregarding other parts of the news that contradict religious truths.

In today's world, described as a global village, countries inevitably need to expand their interactions, collaborations, and international relations with each other. No country can claim to be self-sufficient, as thriving in the new global order is virtually impossible without transnational ties. States must regulate their relations with the rest of the world; Islamic states, additionally, must consider Sharia frameworks and norms when forming their international interactions. The term "governing rules of international relations" means that Muslims must adjust their relations with non-Muslim states in conformity to these guidelines. Given the gap in research, the present study employs a descriptive-analytical approach and problem-oriented perspective to explore the written Islamic heritage. The findings indicate that according to Sharia teachings and the opinions of Islamic jurists, four fundamental principles can be considered as the foundations of Islamic international relations: 1) The Rule of Dignity (Karāmah), 2) the Rule against Defamation of Religion, 3) Rule of Denying Means (Nafy al-Sabīl), and 4) Rule of No Harm (Lā Darar) with the Rule of Obligation (al-Iltizām) also being a subset and function of this rule.

In Shari'a teachings, various punishments have been considered for adultery, the most severe of which seems to be “stoning". Proof of stoning is contingent upon verification of “Iḥsan "; Therefore, the existence of Iḥsan can change the punishment of a criminal from a lesser punishment (a hundred lashes) to a more severe punishment (stoning). In Imamiyyah jurisprudence, there are some conditions for obtaining Iḥsan, one of the most important of which is that a person does not need to commit an illegitimate relationship because he or she is able to have sexual intercourse with his or her spouse. The challenge that exists in this context is that several jurists have stated that in order to verify Iḥsan for a man, he should have the continuous possibility of having sex with his wife, otherwise he is not subject to the punishment of stoning; but they have not accepted such a right for women. This view is also recognized in Article 226 of the Islamic Penal Code.  The present study, in a descriptive-analytical research, while analyzing the opinions of jurists, has criticized and measured such a view. The results of the research indicate that the mere presence of the husband, without his wife having the possibility of sexual intercourse, is not enough for the wife's Iḥsan, and about women, as about men, the possibility of continuous sexual intercourse with their spouse is a condition and there should be no difference between men and women in this area. Therefore, it is necessary to change the above-mentioned approach of the legislator and the equality of couples in right to continuous sexual intercourse should be explicitly emphasized in Article 226.

A precise demarcation of crimes deserving punishment is imperative according to Islamic law, essential for the regulation of criminal justice within Islamic society. The delineation between the offenses of "baghy" (insurgence) and "muḥāraba" (waging war) within Islamic jurisprudence, along with the diverse perspectives of jurists on this matter, presents challenges and complexities. To elucidate each crime's nuances and respective legal consequences, a thorough analysis is required. This article employs a descriptive-analytic approach, drawing upon religious texts, evidential examination, and argumentative analysis to distinguish "baghy" and "muḥāraba" from both Shiite and Sunni perspectives. By outlining their similarities and disparities as articulated by Imami and Sunni jurists and Quranic scholars, we assert that "baghy" and "muḥāraba" represent distinct transgressions, notwithstanding their resemblances. "Baghy" entails inciting rebellion against a just Imam or leader, endangering the safety and security of the populace, whereas "muḥāraba" involves intimidating fellow Muslims, pillaging their possessions, and shedding their blood to instill fear and insecurity. Consequently, they carry distinct legal rulings and implications within Islamic jurisprudence.

In the intellectual system of the Supreme Leader of the Revolution, Jihad with its various forms and aspects has a central role in the progress and elevation of the country. In the meantime, in his thought, having a Jihadist culture and spirit is considered necessary for Jihadism in order to realize the prosperity and development of the country, and this is also important in the statement of the second step of the Islamic Revolution, which is considered as the manifesto of the Islamic Revolution in its 40th anniversary. The river is reflected and reflected. The present research examines the importance of the subject, in a problem-oriented research and by adopting a descriptive-analytical method, considering that, on the one hand, extracting the indicators of the jihadist spirit in the opinions of the revolution's leadership is of special importance due to their valuable experiences in the macro-management of the country. he has And on the other hand, taking into account that the criteria for determining the components of the jihadist spirit by him, such as Islamic studies, was authentic and authentic religious education.

Article 639 Q.A. According to the well-known Imami jurists, in case of amputation of the hand from the forearm or arm (and with the same criteria for amputation of the leg from the leg or thigh), in addition to half of the full payment, in the excess amount, Arsh is also fixed. has known by examining jurisprudential writings, there are two other views on the assumption of the problem. In a fundamental research and by adopting the descriptive-analytical method, the present essay investigated the existing views and found the popular view to have weaknesses and flaws; On the other hand, there is another point of view on the issue that has been able to attract a significant number of contemporaries. This point of view believes that in the assumption of the problem, only half of the full dowry has been put on the diya and no more Arsh will be given to the victim. According to the authors of this article, this point of view can be the basis of the legislator's action due to its well-documented evidence. The results of the present research, in line with the above-mentioned theory, indicate that the reference to the use of the word iodine as well as the use and inclusion of the word “rejl” can strengthen the above-mentioned point of view; Therefore, it can be said that hand is a noun for all members and foot is also a noun for all members and the common understanding is that each of these members is called hand or foot; Therefore, it is sufficient to prove the payment and the determination of Arsh does not seem justified.

Given that Islamic teachings can always be considered as the best options for objectifying a progressive civilization that involves human happiness and in this regard the knowledge of jurisprudence has a special place; therefore the purpose of this article is to understand the nature of civilization-building jurisprudence as well as to explain its place and to try to explain its components from the perspective of the Supreme Leader of the Islamic Revolution who practically administer and take measures of the Islamic Society. Therefore, the present article, by delaying the statements of the supreme leader and studying his works, seeks to extract the axes of civilized jurisprudence in his head.

The present research is of a fundamental type and the method used in it is descriptive-analytical. The data collection was done in a library way, and the authors, after explaining the main concept of the discussion, explained and identified the existing documents related to the topic of the article and then analyzed the evidence.

The axes of civilized jurisprudence in the statements of the supreme leader can be examined in five axes: 1- to address the rights of non-Muslim citizens, including the equality of the diyah of the people of the book with the diyah of Muslims. 2-to address the rights of religious minorities, including the sanctity of insulting the sanctities of the Sunnis. 3-attention to the element of time and place in the process of ijtihad. 4-the need to create additional jurisprudence, which is considered among the necessities of civilized jurisprudence. 5-harnessing the capacities of governmental jurisprudence in the direction of civilized jurisprudence.

Civilized jurisprudence is a holistic approach to jurisprudence and Sharia and is appropriate to the requirements of modern life and the developments of human life. In this context, the supreme leader believes that the new Islamic Civilization means Strategic Development and progress in all aspects of Muslim life. In his view, the goal and philosophy of civilized jurisprudence is to create psychological peace for the Islamic Society, which will also be accompanied by the development of scientific and material manifestations; so if religion is concerned with globalization and intends to give a plan for humanity towards a higher life, it must take the civilization process based on the assumption of the community of religion.

The quality of bayt al-mal distribution is one of the crucial issues in the Islamic system, and its fair distribution can create economic justice, public welfare, and social security in all strata of society. The present study aims to answer that Imam Ali's (AS) seerah in the administration of justice in the distribution of the bayt al-mal was based on which foundations and principles? To answer this question, the problem was investigated by reading the relevant books and in a descriptive-analytical way. In this research, after investigating the method of performance of Imam Ali (AS) in distributing the bayt al-mal, we concluded that Imam was able to direct the expenses of bayt al-mal with his unique knowledge. So, homogeneous economic growth was available in social classes, and this growth was not accumulated in a specific stratum. Imam aimed to grow all social classes and strongly avoided the concentration of wealth and the creation of social gaps. In this regard, Imam used to pay the shares of different classes of people from bayt al-mal equally according to their work criterion, need, and expediency.

According to the common theory in Imami jurisprudence, the end of the work of a thief who repeatedly commits theft will be nothing but murder and deprivation of life. This view, although in Article 278 of the Penal Code (adopted in 1392), has also been recognized by the well-known jurists; However, the opposition of some late jurists has led to the fact that it is against the necessary precaution in temperature. It is noteworthy that this issue has been the subject of controversy in the jurisprudence of public religions and has led to the formation of various arguments and the emergence of various sayings in the issue; Therefore, in addition to Imami jurisprudence, the present article has also studied the views of Sunni religions in jurisprudence. It is clear that the necessity of discussion in terms of its relevance to human life is undeniable. The results of the research show that the famous Mukhtar of the Imami jurists is not without controversy and the promise to take the life of the thief, in addition to the lack of sufficient evidence to prove it, has caused a stagnation in temperature and is contrary to the meaning of the rule of unity; In addition, the prerequisites for the initial rules of the chapter require the deviation from such a view.

The issue of prophethood is one of the fundamental principles of Islam, and due to its position in Islam, there have always been individuals in societies who have tried to create doubts among Muslims about the honesty of the Prophet and his prophethood. This issue is still prevalent today. In this descriptive-analytical study, the approach of the Imami criminal jurisprudence regarding doubts about prophethood is explained. For this purpose, after stating the opinions on the issue, the evidence and foundations of each opinion have been analyzed and examined. The result is that although some jurists have absolutely believed in the proof of the death penalty for doubts about prophethood, their documents do not have the ability to prove their claim. Rather, in case of the title of apostasy being applied to the one with doubts about prophethood, he can be sentenced to the prescribed legal limits. Otherwise, the Islamic government must take the necessary and appropriate measures to remove doubts.

In Imamiyah penal jurisprudence, Tashhir or publicly shaming of an offender, for some reasons, is an exception to the principle of preserving the honor of people and refraining from revealing secrets of Muslims. With respect to the importance of abandoning one’s right and the need for preserving honor and dignity of people, this paper intends to extract instances of verdicts on publicly shaming of offenders from the legacy of jurisprudence in an analytical way. Findings of the paper, achieved through a descriptive-analytical method, indicate that except in one case, i.e. “false testimony”, examples of crimes brought up by the jurists such as Ghiadat (complicity in crime), Ghazf (attributing adultery to someone), Ehtial (fraud), Tadlis (criminal misrepresentation), and Eflas (debt for insolvency) lack valid documentation. Therefore, as the presumption goes, lack of evidence for a crime is regarded as an evidence for its non-existence. Therefore, Tashhir, except in cases up to the certainty, must be practiced with caution as a means of punishment and invoking a juridical rule on punishment shall suffice for the offender. An analysis of Imam Khomeini’s view on this issue indicates that he openly supports practicing Tashhir only for false testimony. This, however, must be added that according to Imam Khomeini, practicing some forms of punishment (including Tashhir) in some certain cases and crimes with public dimension shall be permissible at the discretion of the government and under subsequent titles.

Through examination in the jurisprudential texts one can find that most Imami jurists believe the hadd of murder for adultery between a non-Muslim and a Muslim woman can be proved. However, some of the later ones have considered the mentioned ruling as a ruling for reflection and have stopped on the issue. According to most jurists' viewpoints, the lawgiver has considered adultery of a non-Muslim man with a Muslim woman as one of the cases that hadd of murder is obligatory in Article 224 of the Islamic Penal Code. The importance of bloods in the Islamic holy law made the writers re-examine the arguments of the fatwa in question. For this purpose, in the present article, which is organized in a descriptive-analytical method and by referring to library sources, after expressing the viewpoints of the jurists, analyzes and examines the arguments of most jurists. In the end, it was concluded that due to the weakness of documents of the mentioned arguments, considering a non-Muslim as deserved to be killed for committing adultery with a Muslim woman is against the principle of protecting peoples' lives and bloods. Therefore, the best thing to do is to analyze the punishment of such a person in the light of other Shariah arguments and to consider an appropriate punishment for this act.

The attribution of infidelity or Islam to religious dissidents has been one of the most important issues that has always preoccupied Muslim thinkers. The present research, using a problem based approach, has made a pervasive inquiry into the jurisprudential texts and has extracted at least three views in this respect. The results of the research indicate that although the theory of absolute infidelity of religious opponents is observed in the opinions of some Shi'a Akhbari jurists, this view does not have a strong support and a significant number of jurists have distinguished between the obstinate and non-obstinate opponent and also between a negligent and guilty opponent. They hold that the attribution of infidelity to religious opponents, assuming their lack of guiltiness and stubbornness, has no justification and is controversial. The present study, by adopting a descriptive-analytical method, has counted the existing statements and has measured and evaluated the documents of each of the views. Finally, it has found the recent view in accordance with the Imamiyyah criteria.

The role of "urban landscape" and its beautification is one of the important factors in creating a positive mental image and promoting the aesthetic experience of citizens.Combining landscape design techniques with "environmental" and ecological values is one of the newest plans and strategies to achieve sustainable development in the present age.In order to identify the level of concern and attention of Islamic teachings in dealing with the mentioned concepts, the present study has explained the rules of urban jurisprudence by modeling the components and approaches proposed in "urban aesthetics" and urban landscape and evaluates its efficiency. The method of the present research is descriptive-analytical and has been adjusted by referring to library sources and due to the interdisciplinary nature of the subject, it has applied and combined theories in the two fields of aesthetics and urban jurisprudence. It should be noted that the purpose of urban jurisprudence is a series of religious teachings and rules of jurisprudence related to the customs and requirements of urbanization, which can be identified, extracted and applied to the subject according to the present research from the written jurisprudential heritage. The results of the research show that by using the existing rules in the written jurisprudential heritage such as the rule of Saltanah, Aitlaf, Tasbib and La darar, and in combining them with aesthetic methods and approaches, efficiency and the greater effectiveness of these standards in managing the place and urban landscape becomes more achievable. Also, the research findings indicate that the concern of paying attention to the environment and human encounter with urban space are among the issues that have been considered by jurists. In this regard, the issue of maintaining the privacy and moral and psychological security of citizens is one of the advantages of urban jurisprudence that should be considered and based on action in urban management.

The innocents’ narratives (peace be upon them) have always been considered as one of the most prominent sources of deriving rulings. In the thematic division of narratives, some of them include issues related to nutrition, diseases, medicine and their treatment. Meanwhile, there are several narratives with the theme of healing the half-eaten believer. Given that Sharia’s total attention to hygiene and health is obvious and definite, the present article has tried to examine the contents of the mentioned narratives and put them in the criteria of accurate evaluation according to the true and false narrators’ standards.

This article was written with a descriptive-analytical method and by referring to library sources.

The narratives about healing the half-eaten believer refer to a type of eating that should be done in compliance with the health tips and issues and away from any possible illness and disease.

Despite the fact that martyrdom in jurisprudence is a clear example of the Shari'a and in the law of the subject is considered as evidence to prove the claim; However, according to considerations such as caution in diseases and ailments, the wise shari'ah has considered it necessary to have a special quorum of witnesses in proving some sexual crimes (four male witnesses). The implication of this condition is that a crime is not proven in the case of non-fulfillment of the number, and as a result, no limit will be applied. However, the problem that has led to the organization of the present study is that what will be the task of the witnesses if the limit is not proved due to the lack of quorum? In response to this question, the QMA followed the famous opinion of the Imami jurists and stated in Article 200: “If the witnesses do not reach the required number, the testimony regarding adultery or sodomy is considered as Qazf and causes That's the limit.

The taste of Shari'a, which refers to the style and context of the Shari'ah in forging rulings, and includes the basic criteria of Shari'a in legislating and forging laws, is one of the matters considered by jurists in deriving and evaluating rulings. The purpose of the study is to explain the examples of the taste of Sharia in Imami jurisprudence and to clarify the basic criteria of Sharia in the matter of legislation with an approach to the life of Imam Reza (AS) and the opinions and speeches of the Supreme Leader.

This study has been conducted using a descriptive-analytical method based on library resources.

The findings of the research indicate that the most definite principles considered by the legislator in forging rulings are: 1. Observance of expediency. 2. Being rational. 3. Being fair. 4. Observe facilitation and easiness. 5. Do not provoke emotions and prevent conflict.

From the study of the narrations of Imam Reza (AS) and his practical life, it was obtained that he has referred to the examples of the taste of Shari'a in several hadiths and has always tried to act according to the style and context accepted by the Shari'a. Considering the statements of the Supreme Leader, it was also found that the taste of Sharia has a special place in his thought; In such a way that each of the mentioned criteria has been reflected many times in his speeches and referendums and has been considered by him in various fields.

According to Article 163 of the Constitution, the qualities and conditions of a judge are ‎determined by law according to jurisprudential standards. In the written jurisprudential heritage, ‎in order to obtain the ruling of the judiciary, the fulfillment of conditions such as "born purity" ‎has been considered necessary, and this is reflected in the regulations for the recruitment and ‎employment of judges (approved in 1392). The implication of this statement is only that ‎persons born out of wedlock (natural children) are deprived of this social right and cannot be ‎placed in this position. Needless to say, such an attitude stems from the generalization of natural ‎parental error behavior to the individual; This is apparently not in line with the principles of ‎justice. Considering the importance of the discussion, the Considering the importance of the ‎discussion, the present article has criticized such a view based on jurisprudential documents. It ‎is clear that the result of the research, in addition to correcting the jurisprudential view, is to ‎answer some theological questions and doctrinal doubts. The findings of the research show that ‎the documents provided by the jurists are not sufficient to prove their claim and as a result, the ‎validity of such a condition lacks the necessary legal validity.‎

one of the challenges that sharia is facing is the claim that Islam has a biased view towards men's rights. and there is gender discrimination against women in Islamic law. The claimants have tried to justify their theory by presenting examples of jurisprudential rulings that at first seem to be discriminatory. In order to respond to this challenge in the field of criminal law, the Islamic legal system in the field of legislation to punish guilty women has been explained. This study has been conducted using a descriptive-analytical method and after explaining the moral principles of legislation to punish guilty women in Islamic jurisprudence, women's specific criminal sentences in the field of public disclosure, expulsion, homosexuality, apostasy, the quality of the Hadd, the place of detention and delay in punishment in special circumstances have been stated. It,s found that the legislation of punishment for women in Islam is based on the two principles: a dignified view of women and the observance of justice. it is found that Islamic Criminal law not only does not have a biased view of men but it can be seen from some of the rulings that this law seeks to facilitate and mitigate punishment for women. The purpose of the study is to show that differences and distinctions in the rulings don't indicate that the rulings of the Shari'a are discriminatory; rather, what can be acknowledged is that some Shari'a rulings are different between men and women because they differ in biological and psychological characteristics.

One of the most important verbal principles is Isalat al- Ḥaqīqa (the originality of truth) and it is applied when unlike the speaker’s intention, the real and virtual meanings of the word are known and definite. In this case, the originality refers to the real meaning and the virtual meaning needs a reason.Given the importance of the accurate inference of Sharia rules, this study, with a problem-oriented view and referring to library sources, examines the applications of originality in the works of the Imamiyyah jurists on Hajj. One of the aims of this research is to compile a coherent and comprehensive source to examine the discussions regarding Hajj analytically and argumentatively and express the possible outcomes of each discussion. The findings of the research show that due to the possibility of the implementation of Isalat al-Ḥaqīqa and providing the real and virtual meanings, the jurists explain their autonomous theory equipped with the reasons which, according to this research, are subtitles of five jurisprudential topics. This Research will try to explain and analyze them.

Although the sanctity and void of gambling and robbery are considered to be Islamic Sharia laws, however, the legislator in Article 655, by virtue of jurisprudential sources, has excluded such cases as horse riding, shooting and fencing. How such an exception came into the legacy of jurisprudence and its relation to the demands of the modern age and whether it is possible to use emerging examples of Imamiyyah jurisprudence to include emerging examples in the bidding and to consider them as allegorical rather than modern. No, the present paper has led a comprehensive study of jurisprudential documentation in a descriptive-analytic research. The results of the study show that by converting the subject and changing the case, the said cases are not capable of providing the lawful purposes of prescribing such a judgment; therefore, it is necessary to replace new cases with the essence of judgment and in the light of time and place according to the requirements of time and place.