فهرست مطالب hamid moazzeni bistgani

Review:Knowing the "truth of the Throne" has always been a complex and important issue for scientists and scholars, due to the noble verses of the Qur'an such as: "Al-Rahman Ali Al-Arsh Estavi" (Taha: 5), and related narrations that are explicitly from Throne has spoken. Therefore, religious thinkers, including commentators and theologians, have researched and researched in this regard. The purpose of this study is to examine the true meaning of the Throne, considering the need to know it in the field of cosmology and theology and divine knowledge, seeks a clear answer to some ambiguities such as similar thinking and sculpture that exist in this subject.The research method is library and analytical and the result of the research according to the hadiths of Imam Reza PBUH, especially the narration of Khajeh Abaslat from Imam Reza PBUH, is that the divine throne is not a body and is an independent truth of unseen truths and in the order of abstract worlds. And what is meant by the truth of the Throne is the place of divine providence, management, and lordship, and the position which is the source of the issuance of the rulings of the universe and to which all divine commands lead, and the Throne is also considered the divine knowledge.

The permission of performing Hajj by agents and its charges are among the constants of the jurisprudential rulings of Hajj. However, there is disagreement among jurists as to whether it is lawful and permitted or not, and whether the agent is allowed to be paid if he is tasked with performing his Hajj al-Islam. Some jurists came to the conclusion that this Hajj is invalid and receiving any charges is prohibited; other jurists issued a fatwa on the prohibition of charging for this Hajj while finding it valid. As a result of these different ideas, it is necessary to evaluate these claims. The arguments of those who find this kind of Hajj invalid are rejected in light of the conclusions of this research, published using a descriptive-analytical method and in a library style. According to the imperative rules, anyone, who fails to perform the Hajj that he or she is required to do without a valid reason, does haram. However, based on the positive rules, the Hajj performed on someone else’s behalf is valid and permitted. There is no justification for preventing the payment of wages after demonstrating the accuracy and validity of the Hajj performed by an agent.

According to the well-known (dominant) views of jurists, abolishing of the right not to accept the occurrence (contingency) of a defect to the customer has stipulated in the third clause of article 429 of the Civil Code and has not limited it to non-extinction (non-extinguishment) of defect. Whereas some jurists believe that if the defect is removed by the customer, the right of rejection will still be reserved for the customer. This research, which has been conducted by descriptive-analytical method, shows that the Mursallah (Arabic:مرسله , meaning: sent or transmitted, tradition with no chain of transmitters or with an incomplete one) of Jamīl b. Darrāj (Arabic: جمیل بن دراج) is the only scriptural proof (traditional proof, scriptural evidence) for being abolishing (waiver, abrogating), which Akhund Khurāsānī (Persian: آخوند خراسانی) rejects the adherence to it and believes that being in abolishing (waiver, abrogating) is in order to observe the status and state of the seller. Therefore, there is no way to use the narrations mentioned in the assumption of compensation of damage. The occurred defect is not relevant for the extinction (disapproval) of the right of rejection, but the criterion is the cause of harm to the seller and not respecting his/her right, so it seems that if the occurred defect is resolved, the right of abolishing will not be revoked, and the mentioned article needs to be amended (corrected).

voluntary interruption of obligatory (compulsory) prayers according to the well-known view of the jurists -rather their Ijmāʿ (consensus)- is forbidden. Sometimes ṣalāt (prayer) -in absolute terms- and sometimes obligatory ṣalāt (prayer) are the subject of ruling. In the meantime, issuance a fatwā to interrupt praying (ṣalāt) is permitted only if necessary. It has been cited to the Qur''an, news and the consensus of jurists to prove this ruling. It is necessary to evaluate the evidence of this rule due to the widespread and important nature of this secondary matter (subdivision, branch), which in a more general form has become a jurisprudential rule based on the prohibition of the annulment of worship duties (‘Ibadah worship, religious ritual practice), and also it is necessary to evaluate it due to the evidence of the consensus of jurists on this issue. All the documents of the mentioned consensus seem distorted based on the results of this research, which has been written in a descriptive-analytical method, and there is no reason for this rule -except the documented consensus of the jurists

The adequacy of the Hajj pilgrimage performed by a child is a challenging jurisprudential issue, assuming that his maturity takes place in one of the wugufs, because until the 6th century AH, Imamiyyah jurists were certain claimants of the adequacy of the Hajj pilgrimage performed by a child, assuming that he got maturity before reaching one of the wuqufs. However, the first figure who doubted the fatwa was Mohaqiq Helli. Fayz Kashani, one of the jurists in the 11th century AH, basically denies the adequacy of this pilgrimage. The reason for deviating from certain claims to denial in jurisprudential periods is made clear by doing the genealogy of this fatwa, and analyzing the stages of its evolution and the arguments cited in each period. This descriptive-analytical research explains those documents and arguments that reject the adequacy of this pilgrimage. The research also reviews the Imamiyyah jurisprudential works to do the genealogy and discuss the quality of the evolution of the fatwa over many centuries to find out the reasons for differences of opinions. According to this research, the most important reason for differences is the refining and generalizing of the reason for the percept, done by the predecessors, from the Hajj pilgrimage performed by a mature man to the Hajj pilgrimage performed by an immature child. But later on, it was gradually questioned and finally denied. Since there is no plausible reason for proving the adequacy of the Hajj pilgrimage performed by an immature child in the aforementioned case, its inadequacy is acceptable.

Most jurists believe that the rules that are implemented in society, including criminal law, commercial law, banking, etc., must be completely in accordance with the rules set forth in the books of jurisprudence or must be under one of those titles in order to be valid. Based on the findings of this research - which has been written in a descriptive-analytical method -, not only the validity of transactions does not depend solely on their concurrence with the Shāri‘ (the legislator) and the Shāri‘s approval of them so as, thereby, the validity of new transactions is denied; rather, it cannot even be accepted that every transaction and law that was valid and approved by the legislator in the era of Revelation is necessarily valid today. In other words, to imply tradition and hadith on the approval of a transaction is not a criterion for its validity in other times and places. Rather, laws - whether approved or newly raised - will be valid under two conditions: one that is in accordance with existing conditions and requirements, and the other that is not in conflict with the purposes and generalities of Shari’a. In this case, they will be valid for the same time and the same society.

According to Article 448 of the Civil Code, throwing down all or some of the options can be stipulated in the contract. At present, in most purchase and sale contracts, there is a stipulation for throwing down enough options, which has a legal validity according to the mentioned law. This is while the issue of the invalidation of the mentioned stipulation in the option of inspection among the Imamiyah jurists and legal experts has been raised for a long time. Sheikh Ansari, by proving the essential difference between the mentioned stipulation of the option of inspection and other options, has proved that the mentioned stipulation - where the identity of the sold item is the product of the description of the seller - requires a conflict in the obligations of the sale, and therefore based on this stipulation the contract can be invalidated. Therefore, considering the essential difference between the option of inspection and other options, the question arises that how can the generality of Article 448 of the Civil Code be justified? Based on the findings of this paper, which was written in a descriptive-analytical method, his argument can be confirmed, and therefore, the mentioned stipulation can be invalidated. However, it does not seem to invalidate the contract. Therefore, it is suggested that the legislator, by adding an amendment to the above article, exclude the option of inspection.

According to the famous well-known imamayeh jurists’ fatwa, the punishment of a murtad fitri (implies to a person has apostated from the faith in which he was born) is capital punishment meanwhile calling for the repentance by the Ḥākim al-Sharʿ (Arabic: حاکم الشرع) is not authorized. The most proof is the Islamic traditions which have prohibited calling for the repentance. From the other side, they have established agreement between non-permissibility of calling for repentance and non-acceptance of repentance. Therefore, the apostate (Arabic: مرتد) who repents is not accepted his repentance. Based on the findings of this research which has been adopted in the descriptive-analytic method, basically hadiths which imply to the prohibition of calling for the repentance of the apostate do not mention forbidding but they have issued in the situation of the belief of the obligation, therefore, they present the authorization or at least indicate unclear (mujmal) and this results the ambiguity of hukm (legal ruling). By the way, non-acceptance of repentance depends on the duration -permanence and continuity- of the title “murtad” (the apostate) while istishab (Arabic: استصحاب) the presumption of continuity) of capital punishment decision which is related to period of the apostasy faces with usuli (means usul fiqh) deliberation like the change of subject (mawdu`). Therefore, it seems that there is no obstacle to be requested the apostate to repent by Ḥākim al-Shar and if he is not named “murtad” (the apostate) following capital punishment will be thought.

According to the consensus of jurists, the obligation of Hajj is conditional on maturity. Therefore, first, Hajjat al-Islam is not obligatory on immature children; and second, if they are performed Hajj, despite the validity and legitimacy of their pilgrim, will have to do the obligatory Hajjat al-Islam. The main document of both rules is special texts. Some jurists rely on consensus and some others on practical principles before stating the texts, both of which worth contemplation. The only reason for a primitive conflict with the special texts of this subject is the narrations by Abān b. Taghlib who referred to the Hajj of immature children as Hajjat al-Islam which is, of course, virtual and due to the resemblance of performance. Regarding the second rule, the insufficiency of the Hajj performed by immature children and performing the obligatory Hajjat al-Islam, some find the insufficiency as the requirement of the primary rule while for some others the opposite case is true. According to the consensus on the requirement of the second rule and the special texts, the disagreement over the requirement of the primary rule will be fruitless. Given the complexity of this issue and the lack of independent researches in this field, it seemed necessary to discuss the reasons and their implications. Therefore, this descriptive-analytical research discusses the documents and arguments of the jurists.

The obligation of the Hajj depends on the realization of affordability. There are traditions and hadiths about the nature of affordability and its realization. These traditions can be considered in two ways. First, their functionality with two possibilities: the traditions were issued for interpretation and the Sharia ruler was able to forge the religious term or they were issued for compliance and the Sharia ruler was able to explain the customary concept of the subjects and the elements mentioned in the traditions are only examples of that concept. The second aspect, contemplative and related to the customary meaning of affordability, is the reason for the issuance of traditions and hadiths for interpreting and explaining affordability, while affordability is the subject in its customary sense. In this research, written in a descriptive-analytical method, it was proved that the function of this traditions is to explain the conventional customary meaning. There is also no way to reject this explanation, but for a variety of reasons, such an explanation is wise.

After the conquest of the western lands by the Muslims and following the fall of the Umayyad and the Abbasids and the coming to power of the Moravids who spread the Maliki religion, the people of the Islamic Maghreb chose the Maliki jurisprudential religion. The influence of Maliki jurisprudence prevented the influence of other jurisprudential religions in this country, but historical documents indicate the influence of the Jafari jurisprudence and Shiism among groups of people in the Maghreb. What is unfortunate is the extensive activities carried out by the extremist sect of Wahhabism to propagate the teachings of Wahhabism in this land. Surprisingly, Wahhabi scholars have made extensive efforts to prove the convergence of the jurists of the Islamic Maghreb with the teachings of Wahhabism. Since one of the most important parts of Wahhabism’s efforts is aimed at proving the polytheism of some examples of respecting rituals, it is necessary to investigate the quality of respecting rituals and the elements involved in its legitimacy from the perspective of the Maghreb jurists to conclude the invalidity of the convergence of their views with those of the Wahhabism. Based on the analytical findings of this study, the Maghreb jurists not only do not converge with Wahhabism, but also are in relatively complete convergence with the jurists of Imamiyyah. Here, intention, embedded title, and the form of respecting the rituals are the three elements involved in the legitimacy of their examples from the perspective of the Islamic Maghreb jurists and the Imamiyyah jurists.

The states of the Islamic Maghreb have always enjoyed a rich Islamic culture. Imam Malik ibn Anas and many of his prominent disciples were so popular among the people of this land that Malik is referred to as the Imam of the Maghreb. The wave of extremism, engaging the Muslim world in recent centuries, has affected this region- with a well-known culture- to a large extent. Research on the quality and reason for the influence of the Wahhabi teachings and their impacts on the culture of the people of this geographical area can help to awaken them and make them aware of their own cultural background. But what has recently been the focus of the widespread Wahhabi networks is the attempt to introduce these extremist teachings as normal and even induce their convergence with the views of the Islamic Maghreb jurists such as Malik. One of these scholars is Abu Sufyan Mustafa Bahhu Salavi Maghrebi who tried to prove that the jurists of the Maghreb had extremist views in line with Wahhabi beliefs about respecting the graves of the Prophets and saints. Based on the findings of this descriptive-analytical study, all his claims are the product of the scanning of the Maghreb jurists’ words and incorrect interpretation of their views. As a result, there is no convergence between the ideas of Wahhabism and the views of the jurists of the Islamic Maghreb in this regard.

Nowadays, because of the inflation and market fluctuations, affording the equipment for the Hajj journey is sometimes possible only by paying an exorbitant price, higher than the conventional one. The famous Imamiyyah scholars are of the opinion that acquiring the equipment for the journey is obligatory, in this assumption, for the capable pilgrims. Some scholars constrain the affording of the equipment to the cases that do not result in any losses and damages. In this research, written in a descriptive-analytical method, it is proven that when affording the equipment for the Hajj journey leads to losses and hardship, going on the journey is basically not obligatory; therefore, no point is in relying on secondary titles such as “harmless” to prove the obstacles. Also, when it does not result in any harm and embarrassment, the requirement of the principle of barā’at and/or ‘estehbāb is a non-obligation for the pilgrimage. In sum, going on the Hajj journey is not obligatory in the aforementioned case.

The authority of the Celebrity of Verdict (al-Shuhra al-Fatwāʾiyya) is the topic of discussion between the scholars. Some have included examples from the works of the Shekh Ansari claiming that he has overtaken from his Uṣūlī method in regards to the Celebrity of Verdict. Then the reason for such an overtaking has been discussed. Some have proved his consideration in the closure proof (Dalīl al-Insidād) and considered his usage of the Celebrity of Verdict as using unconditional conjecture. Others have considered the reason as a psychological element that has made a great scholar such as the Sheikh Ansari to fall for a mistake as well. According to the findings of this article, which has used descriptive – analytical approach, aside from case studies of various examples and judgement of their verdicts, the two analyses mentioned here can be rejected; because the Sheikh denies the Celebrity of Verdict as an independent source. In another word there is no decisive reason for authority or devotional authenticity of the Celebrity of Verdict as an independent source. This does not have anything in contrary to the Celebrity of Verdict being used if the celebrity entails knowledge and certainty. It is because whenever the celebrity entails certainty, using it means using the certainty which itself is the common knowledge, rational authority and Shra’ī authority. Hence there is no disruption in Sheikh’s Uṣūlī view point and jurisprudential method.

Shiite scholars believe that the ability is not in its customary sense, but also a religious concept. the ability is that one of them can be financially affordable, which is contingent on the acquisition of vehicle and vehicle. According to scientists, even in the assumption of not needing a car that will not be able to gain a car, it does not say that he is capable of acquiring a car. in this paper, which has been written in descriptive analytical method, in the appearance of the koran and the traditions of this tradition, it is proven that it is impossible to study, but without hardship, it can proceed to the hajj.