alireza abedi sarasia

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.

The weakening (wahn) of religion is one of the topics that are found in many basic issues and evidence of contemporary fatwās so the prohibition of weakening (wahn) the religion can be mentioned as a principle of jurisprudence. However due to the lack of theoretical discussions, the dimensions of this principle have not been properly explained, the criteria of weakening have not been determined, and there are ambiguities in this principle. This has caused the necessary conditions for the disciplined use of weakening the religion not to be provided in the process of jurisprudential inference, or the anxiety and worry to appear in the text of some fatwās. The lack of a detailed explanation of the meaning of weakness, the lack of explanation of the difference between this term and similar terms, and the lack of the typology of weakness in the religious decree (ḥukm al-sharʻī) has caused the reference to weakness in most fatwās to be limited to mourning rituals. This study aims to provide clear ideas in the field of regulation of weakness, the effect of weakness as primary and secondary, the reference for diagnosing weakness, and others, in order to make the path of reference to weakness a little smoother and reduce the concerns caused by the unregulated use of weakness.

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.

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.‎

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.   

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.

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.

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.

One of the important questions considered in every theory of interpretation regards unity versus plurality of the true meaning of the text. This paper, as a descriptive-critical research built on data collection and library documents, has tried to get help from the principles derived from sciences such as linguistics, hermeneutics and principles of jurisprudence, in order to demonstrate that the plurality of true meanings in religious texts is possible, desirable and achievable, and does not fall into trap of problems such as relativity. To investigate this issue, first the general fundamentals of the plurality of meaning in texts are considered. Then, the plurality of meaning in non-religious texts is examined and finally the plurality of meaning in religious texts has been studied.

Juridical interpretation is one of the oldest and most useful Methods of interpretation of the Quran that commentator is extracted juridical sentences from the Jurisprudential Verses. So many interpretations have been written with different viewpoints and methods which knowing them helps to more understanding of God's intention. We can find these interpretations not only in interpretative books or Jurisprudential Verses but also in juridical or narrative ones. One of these sources is Allame Majlisi’s one hundred and ten volumes Bihar al-Anwar. Although this book is a hadith collection but valuable comments about the verses and ahadis makes it as a Shia Encyclopedia. In this paper, with descriptive and analytical way and information which is collected through documents and books, at first a definition of Jurisprudential Verses is mentioned and went on to explain about the history, famous Jurisprudential Verses books and the way which has been written. Finally some points about him and his interpretative method with the views of other Shia scholars are expressed.

One of the most widely used rules of jurisprudence is ‘impediment removal’ often expressed by the phrase ‘when impediment is removed, the forbidden is regained.’ The application of this rule in jurisprudential matters produces important outcomes since impediment in those matters can prevent the penetration (validity) of the primary ruling, and as a result, the secondary ruling would be issued and actualized. The application of the impediment removal rule in this context would imply that if a mandated or assigned (obligatory) ruling becomes invalid due to the existence of an impediment, after the removal of that impediment the secondary ruling becomes unenforceable and the primary ruling must be enforced again on the responsible agent. Unfortunately, despite its many applications which fall within the provisions of secondary and governmental (state) rules, and in spite of numerous references to it in books of jurisprudence, this rule has not been independently investigated and its limits and conditions or the conditions of its authority have not been dealt with. Therefore, we witness much improper application of the rule in relating literature. Hence, to clarify the various dimensions of the issue, and through the application of a descriptive-analytical method and a data collection from library resources and documentations, first an accurate and comprehensive definition of the term ‘impediment’ is provided. Then, its difference with similar terms including disclaimer (rāfi’), certain (qāti’), and excuse (‘odhr). In addition, the rule has been compared with similar or related principles such as ‘Necessities make prohibitions permissible’, ‘A necessity is considered by its own measure’, ‘What is permissible due to an excuse becomes prohibited after its removal’, and ‘What is removed does not return.’ After an analysis of the argumentations for the rule (e.g. revision of the criterion and removal of specifications, rational reason and rationalist conduct) and with regard to the application and nature of the rule, nine conditions are drawn for its implementation or authority.

The Infallible’s (A. S.) taqrīr، as one of the three tradition types، is that an action is carried out in their presence، and although they can hinder it، they would adopt a position that would denote their consent. There are different issues of interest concerning the Infallible’s (A. S.) taqrīr. One of them is the typology of taqrīr، which has not been dealt with yet. The present paper has been written for elucidation of degrees of taqrīr، examination of the evidential degrees and finding types of its true evidence within the five schools’ jurisprudence. Then، the identified types of the sunna of taqrīr are compiled and critically reviewed under eight topics. Types of taqrīr are as follows: 1. Confirmation of words or actions; 2. Praising the actor; 3. Participation of the Infallible (A. S.) in the action; 4. Commanding the requirements of the words or actions; 5. Consent to the outcomes of the actions; 6. Silence along with smile/laughter; 7. Retelling the words، without confirming or denying، 8. Merely keeping silent.