دکتر علیرضا عابدی سرآسیا

Weakening the religion, which means a ruling or behaviour that makes religion look weak and frivolous in the eyes of society’s custom, is one of the titles that after the Islamic revolution was first seriously considered and cited in Imam Khumaynī’s fatwās. Then, in many issues, it is the basis and proof of contemporary fatwās, so that the prohibition of weakening the religion can be mentioned as a principle of jurisprudence. Weakening religion as a secondary has the capacity of planning in the form of a jurisprudential principle. However, not paying attention to the challenging effects of referring to weakening the religion in the process of jurisprudential inference has caused the use of weakening the religion in the process of jurisprudential inference to be accompanied by doubts. Using the descriptive and analytical method, this study aims to correctly explain challenges such as the incompatibility of the principle of weakening the religion with the principle of stability of rulings, or the contradiction of the necessity of firmness in the implementation of religious rules by applying the rule of weakening the religion, and also by the allocation of the majority of the results of the implementation of weakening the religion. With a scientific expression, it proved the non-contradiction of weakening the religion with the mentioned cases.

The thoughts of the contemporary French philosopher, Paul Ricoeur, which was formed in the context of philosophical hermeneutics and hermeneutic phenomenology, have a significant and reflective position among the scholars of this science. In the tradition of popular interpretation, the correct understanding and interpretation is the interpretation that has the most compliance with what the theologian intended, but Ricoeur considers the criterion of valid interpretation to be not the correspondence with the intended meaning of the author, which is more likely. He introduces this criterion provided by "mental probability logic". In explaining the correct interpretation of the text, he considers the two principles of "harmony and compatibility" and "completeness" to be essential in the interpretation. The present article seeks to examine the possibility of proposing these criteria regarding Sharia texts, considering their characteristics, with a descriptive-analytical approach and by collecting information in a library and document method. It seems that the "logic of possibilities" and the "principle of coherence and compatibility and the principle of completeness" can be used among the criteria mentioned in Shari'i texts.

If the nature of resignation from office is well explained and if the conditions for its realization are extracted in the form of specific and inclusive rules in relation to various posts, it will have different effects than dismissal from office. In this research, with a descriptive and analytical method, after explaining the nature of resignation from office, three conditions for the conclusion of an appointment, the existence of primary competency in the person in charge and its termination during the tenure were extracted as the conditions for the realization of automatic dismissal from the office which can be proved through the proofs of confession, testimony of righteous persons, isolated tradition (khabar al-wāḥid). After confirmation and proof of resignation from office by a competent institution such as a court, the decree issued as per resignation from office has a declaratory nature and the statutory effects of non-contractual obligation and invalidation of legal actions and mandatory effects of the prohibition of continuation of tenure and punishment in case of summation of the elements from the time of realization of resignation from office will ensue and be prosecutable.

Over time, placing prison in the category of the main punishment has reached a point where not only the goals that the prison was supposed to fulfill have not achieve, but also it has turned into a higher problem that caused many challenges for the prisoners, their families and the governments. The present research focused on de-prisoning from the perspective of the comparative jurisprudence of the Islamic Denominations and was carried out with the descriptive-analytical method and the method of collecting library and documentary information. The obvious result of this approach will be a new theory to reduce the ever-increasing population of prisons and prevent corruption and the consequences of imprisonment. Based on the findings of this study, the imprisonment can be considered as a broad meaning that includes putting a person under care, which we called "imprisonment in the general sense". On the other hand, taking into account that "imprisonment in the special sense" (confinement in a specific place) causes harm and is against self-sovereignty and the principle of personal punishment, and not only it does not usually lead to the realization of the desired goals and philosophy of the Shariah; On the contrary, it has effects against it and has shown its ineffectiveness in practice, "illegitimacy" can be accepted as a rule and the first principle about it. Based on this, if in a certain case, imprisonment is specified in the Shariah evidence, it is necessary to consider its alternative if it is optional, and if it is determined, other examples such as care with new tools and devices should be considered (imprisonment in the general sense); Except for rare cases where the definite necessity of imprisonment in the special sense without considering its function.

Based on the Islamic jurisprudential sources non-Muslims have right to accept the agreement of dhimmah (Arabic: الذمه) and to become citizens of the Islamic state and attain Civil rights of citizens. There are obvious disagreements between the jurists of Islamic schools about the possibility of the obligation of Zakat upon Non-Muslim Religious Minorities .As the well-known Imāmīyyah jurists and Mālikī jurists accept the obligation of Zakat whereas other schools and a few of Imāmīyyah jurists have disagreed with any obligation (Arabic: تکلیف taklif; commission) for furu’ al-fiqh (branches of jurisprudence) for infidels. The author with classifying the opinions and with applying the generalities and particularities of evidences has studied their opinions and after balancing the opinions has evaluated that the claim of any group faces with problems and the answer is a middle ground. It requires Islamic law proof Alongside Jizya Islamic state obliges infidels to pay Zakat. But approving some jurists’ opinions needs to prove Jizya for Zakat does not indicate to be disagreed with the opinions of those who agree with the obligation of Zakat on infidels before Allah almighty, Although the obligation or commission over infidels depends on their knowledge. But all roots of Islam and practical laws are obligatory over infidels.

Numerous factors in the world contribute to the formation of social heritage for human beings, one of these factors, depending on the condition, can be diseases, such as coronary heart disease. But how coronary heart disease can underlie social heritage is unclear In response to which we undertook a research, in this research, which is descriptive-analytical According to the rules of cognitive science and especially linguistic theories that imply a change in theoretical concepts, was done, The authors came to this conclusion That Corona disease in terms of being able to change various common concepts in the field of jurisprudence and law, It can create social heritage in two ways: First, the disease causes jurists and jurists to pay attention to social history in order to apply similar examples in order to issue rulings and fatwas and make laws. Which, as the case may be, reflects the sequence or transformation of social behavior, or, according to the requirements of the circumstances, jurists and jurists create legal jurisprudential requirements Which paves the way for similar behaviors for people in later generations against infectious diseases In this case, coronary heart disease will literally be the basis of social heritage.

Concerning the guardianship of the wealth liable for zakat, the generally accepted doctrine among Muslim jurists is that people can spend these collected properties for charitable and religious purposes determined in Islam. On the other hand, there is a relatively less widely accepted doctrine that holds the view that paying of the said wealth to the Islamic judge is an obligation. Grand Ayatollah Imam Khomeini’s statements in Tahrir al-Wasilah, while being congruent with the dominant doctrine, his words in his Al-BayÝ – which was later published – is in correspondence with the rather less commonly accepted doctrine. Drawing upon the descriptive-analytic method, and by means of data collection based on the library method and ducumentations, this article seeks to make study of the arguments for both sides, and to find an area of common ground between the two doctrines. The findings of the study show that there is some evidence for each of the doctrines. However, these arguments typically cannot take side with one of these doctrines and seem to be consistent with both in some way or other. The present research, having put forward two suggestions for removing the apparent contradictions between the arguments, looks at the possible soluion as well as the common ground between the two doctrines.

Due to its universality, Islam has established specific rules for how to communicate with followers of other religions as well as infidels. But the most severe of these rulings is related to martial infidel who are subject to rulings such as being deserve death and property. One of the things that can be seen as a challenge to achieving peaceful coexistence is the extensive interpretation of martial infidel. Many early jurists have considered the criterion of non- tributary to be sufficient for the validity of the martial title, and any infidel who does not have a treaty with the Islamic government deserves to absolutely be killed; whether he is at war with Muslims or not. But others have not considered this definition sufficient and required other criteria. In order to reach a comprehensive definition of martial infidel and identify its criteria and instances in the present era, the descriptive-analytical method and library and documentary information collection tools is used, and after re-reading the opinions of jurists about the originality of having war or coexistence from the perspective of scripture, tradition, and critique of the originality of war, as well as expressing the types of infidels, the prevailing view of the jurists regarding the martial has been criticized, and as a result, with the interpretation of the martial infidel, most infidels have been excluded from it.

One of the issues that has been considered in the category of sexual ‎education is the initial age of sexual influence on children. Educational ‎scientists have approached this issue with different approaches, principles, ‎and methods and are looking ‎for an answer to it. Finding an answer to this ‎question will solve this challenge of what stage of sexual education children should start with.‎ Now, the ‎main question of this study is whether, based on the jurisprudential and ‎inferential approach, it is possible to discover the age of sexual influence ‎on human beings from Qurʾānic texts and narrations and to state that ‎during this age children experience arousal‏ ‏and influence. To answer this ‎question, we have collected Qurʾānic texts and narrations related to this ‎issue through the library method and examined them under the opinions ‎of the jurists in an analytical-descriptive manner.‎

The principle of ‘Priority the corruption prevention on expediency attracting’ is one of Fiqhi principles which has been cited in various Fiqhi and Usuli issues, but not independently examined. With a descriptive-analytical approach, this study shows that although some contemporary thinkers have denied the implementation of this principle in legal issues, there are many reasons for its validity. The false imagination which says that the concept of this principle is the priority of absolute corruption on absolute expediency is the most important origination of denial of that principle. Since this principle is concerned with genus and nature of corruption and expediency, it is not inconsistent to give priority to one of the expediency’s items for another reason over corruption. With this explanation, it is clear that this principle come up under Aham (the most important) principle. In such a way, what is the most important one takes precedence in the conflict between corruption and expediency, and corruption prevention takes precedence in the case of equality.

be seen, which show the special care and attention of the holy shari'ah to this issue. By tracing these issues, we find that most of the sexual education teachings in hadith and jurisprudential books are given under chapters such as: marriage, birth, custody and guardianship, prayer clothes and covering and looking. The existence of such issues shows the importance and concern of this issue in the eyes of Sharia. Now, in the face of these religious customs, the question arises whether the sexual education of children in these matters is the only permissible and preferable thing? Or is the Shari'a's attention and attention to the issue of sexual education such that it can be said that doing this category of education is a religious obligation for its custodians? To answer these questions, we have examined two types of narrated arguments along with the opinions of jurists; First, the general arguments that govern the principle of education. The second is the specific evidence that directly relates to sex education.It should be noted that the research method in this paper is descriptive analysis and the method of collecting library content.

The ideas of contemporary French philosopher Paul Ricoeur, formed in the context of philosophical hermeneutics and hermeneutic phenomenology, have a remarkable and reflective place. By presenting “Hermeneutical Arc” from a distance of “hermeneutic circle”, he attributes the process of interpretation to the process of “Explanation, Understanding, Appropriation”. Ricoeur, in the face of the text, seeks “Appropriation, Self Understanding, Discovering Text intent” as understanding aims. The present paper looks for to explore the possibility of laying out these goals for the religious texts according to their characteristics, using a descriptive-analytical approach and gathering information through library and documentary methods. It seems that, based on the principles accepted in the Islamic interpretive tradition and by Relying on principles such as: the author's modern understanding of the text, the conformity of the textual meaning with the intentional meaning and the objective truth that produces some form of author-centered text, Ricoeur's intended purposes can be furthered in the religious texts.

One of the legal principles which is applied in penal jurisprudence is the principle, “No blood money for the one killed due to legal punishment”. According to the generally accepted view of the Shī‘a jurists and also article 485 of Islamic Penal Code, the content of the principle denotes the general negation of ḍamān (liability) for the one killed by implementation of legal punishment. The most important arguments of the generally accepted view is the traditions that assert the general negation of ḍamān. Accordingly, the related traditions specify the arguments of the inviolability of the Muslim’s blood. In case the inviolability of the Muslim’s blood is recognized as refusal from particularization and the explicitness of the traditions related by the believers in the general negation of ḍamān is tainted, then the evidences of the principle can be particularized by the arguments of the inviolability of the Muslim’s blood, ḍimān can be merely removed from the responsibility of the implementer of legal punishment, and the blood money of such a person be paid from the public treasury. With the analytical-descriptive method, this research has dealt with the study of this probability and its arguments, the critique of the generally accepted view and other views, the realm and executive rules of the principle, and its relation to the similar principles.Furthermore, according to both viewpoints, this principle can be applied to retribution (qiṣāṣ), but its application to canonical punishment on the basis of generally accepted view is apt to be tainted and controversial based on the fact that the content of the principle is the general negation of ḍamān. Given the view posited in this writing, in all the legal and canonical punishments if the implementation of punishment leads to death, the public treasury undertakes ḍamān.   

Regarding to the pluralism theory in the understanding of Paul Ricoeur's text, the present study tries to prove that in Arabic and Persian texts, along with the theory of "monopolistic Intentionalism", which is nowadays accepted by the commentators, for the text, there are several correct meanings that go beyond the author's intention. It is considered that the possibility of specifying the meanings of meaningful meanings of the text is also possible using the "criteria for verifying commentary" such as "explanation", "legitimacy", "match", "fit", and "compatibility". Hence, using the "criteria for verifying the interpretation", there could be multiple transcriptions of interpretations (not contradictory, interpretations) of texts, and in the shadow of it, it was preserved from relativity, anarchism. Therefore, the present article, which is carried out in a descriptive-analytical manner with the gathering of documentary and paperwork, concludes that the theory of pluralism in understanding Paul Ricoeur's text, given the simultaneous attention to the textual capacities and the intellectual capacities of the commentators, leads to the hypothesis "inclusive Intentionalism and moderate subjectivism", which, in the face of the same negation, is "monopolistic intentionalism and radical subjectivism", and has shifted the central theoretical interpretation.

Divine speech is the most principal source for understanding the Islamic teachings, in whose interpretation, getting access to the intention of the author of the text is important. In this direction, Ibn ‘Arabī’s exegetical view is noteworthy. With a descriptive-analytical method, this writing undertakes to critically review the unity and multiplicity of meanings of intention in Ibn ‘Arabī’s works, analysis of the philosophical principles of the incorrect meanings of the words as not being intended for, and considering as intended the semantic possibilities and in conclusion proves that all the possible correct meanings of the words are intended by the Almighty God. Then, some of the outcomes of this theory in the interpretation of the Holy Qur’an and jurisprudential implication of it are examined and it is elucidated in its light that the multiplicity of the meaning of intention in the interpretation of Divine words would open the way for further reception of knowledge front the Qur’an and tradition. Also, in this writing, Ibn ‘Arabī’s theory of multiplicity of meaning is compared with the theory of some hermeneutic scholars.

Tacit approval (taqrīr), as one of the types of sunna is when a word is uttered, a behavior is observed, or an opinion is expressed in the presence of the Infallibles that despite their capability of hindrance, a position is taken that signifies their consent. In view of the jurists, the tacit approval sunna has enjoyed validity in terms of the Infallibles’ words and actions and is counted as one of the proofs in inference of rulings in the process of drawing inference.There are different issues debatable on the Infallibles’ tacit approval, among which is studying the evidential jurisdiction of this type of sunna, which has not been dealt with in detail so far. Seeking to explain this jurisdiction, the present paper has studied the evidentiary proofs of tacit approval on different types of rulings, including the obligatory or situational.

Although the Principle of Sovereignty (People have domination over their properties) is very well-known, some researchers, including Imam Khomeini, have cast doubt on it. They argue that this principle is not absolute and cannot be applied to the cases whose possession or permission for their possession is doubtful. Four aspects of the said principle have been studied in this article and through offering a fifth viewpoint attempts have been made to prove that the Lawgiver through stipulating the Principle of Sovereignty of owner over his property, has approved the qualitative and quantitative possession of the owner. However, this sovereignty is suspended and is subject to the cases that the Lawgiver, contrary to the Principle of Sovereignty of the owner, has not applied His sovereignty. One of the valuable results of this viewpoint in law and jurisprudence of transactions is that this principle plays a crucial role in the newly-emerged contracts for whose nullification there is no specific reason.

Many legal systems in the world, including the legal system of Islam has accepted Execution as a punishment. Some of the most important issues in this regard are the quality and instruments of execution and the rights of the person executed. Is it allowed to execute anyone who deserves to be executed through every quality and instrument? Specifically, is it allowed for them to be burnt in the fire? The importance and necessity of this issue is apparent, because recently some Islamic groups, in the name of Islam, are openly inciting to burn their enemies alive. This research was conducted using descriptive-analytical method and using library and documentary data collection method. The evidence of the “forbiddingness of burning people alive” and “critique of its licensing” and “the claimed exceptions from the prohibition of this action” have been evaluated. The results show that there is no valid reason to attribute burning a living man to Islam and the infallible Imams.

The current study attempts to analyze and investigate the theory of aesthetics which is an instance various methods and schools in the area of Quran interpretation and believes the peak of reading text is obtained by maximizing its semantic aspects. The necessity of the discussion is due to the possibility of making a variety of interpretations out of Quran, regarding the special characteristics of the text. The most important critical view toward this theory is ignoring the author’s intention as well as signal free playing with the text. Hence the theory has no place in the Koranic interpretations. The research which has been done through a descriptive-analytic method along with collecting documented data attempts to prove textual linguistic requirements as well as the peculiarities of the text via the theory of “hyponimicintentionalism and moderate mentalism.”.

In this writing, which has been prepared with the descriptive-comparative and with library information compiling tools, it is tried to make a comparison between the viewpoints of the most important authorities on modern hermeneutics and Ustad Allama Shahid Mutahhari concerning the most significant essentials of exegetical theory, i.e., quiddity, possibility, and elements of understanding. In this respect, we were able to present the most important questions of exegetical theory to the works left behind by Shahid Mutahhari and receive proper answers. In this way, first, a rather comprehensive and brief perspective was obtained on his exegetical theory, which in turn is regarded as one of the innovations of this research; and second, by comparing this theory with the theories attributed to modern hermeneutists, it was concluded that Ustad Mutahhari’s exegetical theory has more proximity to modern hermeneutics. However, despite its enjoyment of the positive points of these theories, namely such notions as semantic plurality and realistic view towards the nature of understanding, his theory is away from defects that these theories typically have, such as proper and improper understanding and falling into negative relativity. With respect to some of the significant characteristics of Ustad Mutahhari’s exegetical theory, namely inclusiveness, realism, semantic pluralism, methodicalness, evasion from dogmatism, and avoiding relativism, this theory can be a model for the interpreters in interpreting texts, especially interpreting legal texts and religious statutes.

Article 438 of the Islamic penal law considers as renewable the sentence of the executed person coming back to life in case of qiṣāṣ (retaliated punishment) due to observance of the resemblance (mumāthilat) condition and in case demanded by the claimant of blood, but it has kept silent concerning the legal and discretionary punishments like those administered for drugs crimes. The present article, while presenting the viewpoints and critical review of the arguments of the proponents and opponents of renewal of death warrant, tries to answer the main question brought up in this discussion as to whether or not according to the legislator there is a difference between capital punishment, which is regularly intended as death or loss of life, and the concept of disclaiming of life or death. Finally the chosen view will be that in case we believe that execution, like crucifixion (ṣalb), is typical (qasīm) of murder and the typical of an object cannot be the very object itself, then the above-mentioned verdict can be generalized to execution and suspend the re- execution verdict in legal punishments and penalties, except in premeditated instances.

As a descriptive-analytical research deploying a library and documentary methodology, this study has mentioned the classifications of priority and has stated the problem of the study and has defined the key terms operationally. Finally, four types of priority have been distinctively presented:1. Custom or verbal priority which is divided into two kinds of enunciative and conceptual priority
2. Rationalistic or definitive priority. Certainty priority is also annexed to this type.
3. Consensus priority.
4. Speculative priority or analogical deduction
To investigate the conditions of the authority of priority reason, it was revealed that affairs such as “lack of disagreement of precept with generality, the rule with the primary principle” and “exclusiveness of the cause” do not matter in this regard, while the following are essential: 1) nullifying the features 2) proving the cause of precept 3) proving the perfectness of the cause 4) proving the existence of the cause in the secondary 5) proving the strength of the cause over the effect in the secondary. Studying the aforementioned factors revealed that among the types of priority, merely the speculative priority or the analogy of priority would be invalid. The main feature of this type is that it is speculative and there is no verbal realization in it.

According to Islamic teachings Islam is a comprehensive religion and has programs for all aspects of human life. One of the most important issues the significance of which is tangible due to increasing development of technology and social evolutions is sexual pedagogy. The present paper has studied this branch of training in jurisprudential teachings with the aim of elucidating and explaining the sexual training issues with the approach to explain the edict of each issue from among the five edicts and not to confine to narration of the traditions without extraction of edicts, and obtain a collection of jurisprudential edicts about sexual pedagogy. The present paper due to quantitative deficiency in writings about the issue, has studied the most important issues of sexual pedagogy in four periods of life: before berth, berth to maturity, maturity to marriage and marriage period itself.

Achieving a good or desirable understanding is one of the concerns for every
nterpreter or theory of interpretation. One of the issues seen as a major obstacle in achieving such an understanding is the interference of presuppositions. The present article, as a descriptive analytical study which applies library data and textual references, aims first to investigate the nature and types of presuppositions and their effect on understanding - either their essential or detrimental influence - from the perspective of scholars in philosophical hermeneutics and Islamic sciences (including tafsīr and the principles of jurisprudence). Then, it seeks to describe and analyze the methods offered in these sciences in order to prevent or control the presuppositions and the degree of success for each science in this regard. Finally, it has been shown that taking advantage of the hermeneutic methodology - such as openness, dialectic, and hermeneutic circle - together with the advantages of the principalist-interpretive method - including consideration of the typical expression and surface intention and conventional evidences like lexical principles on the one hand, and attention to the spiritual and moral competencies of the interpreter on the other hand - can overcome the shortcomings of each of these two methods and make a complementary interaction between the two sciences.

Criminal content censorship (filtering) is a crucial subject which is being carried out in the Islamic Republic at high expenses, and the determination of its examples is legally handed over to a special committee of the Prosecutor General. Debate is going on about the efficiency of this kind of defensive mechanism against cultural intrusion and preserving political and economic interests. This article first tries to rely on jurisprudential stances and general principles derived from the Quran and traditions, in order to provide Islamic general policies about ethics, religion, politics and economics that exist in the real world, and then to offer general policies about safeguarding them, with the aim of defining them in the virtual world. Filtering, as a component of the country's defensive system, necessitates the adaptation of its general policies to the virtual world, which then could be used for analyzing the country's general filtering policies.