reza haghpanah

In the way of life of religious authorities, ‘political dissimulation’, i.e. concealing secrets and leniency towards other Islamic denominations along with protecting one’s life and properties from murder and plunder, is an essential affair. Complete implementation of divine laws; expressing truth and defending it on the one hand, and protecting one’s life, properties and religion on the other hand make it necessary to have an inquiry on the timespan of the possibility of political dissimulation. With an inquiry on political dissimulation, we conclude that according to the evidence of the Quran, tradition and reason, the political dissimulation is not specified to the time of the presence of sacred personages of the Infallibles; rather, it is running in the Occultation Period as well. The present study is based on library research and is an analytical-descriptive one based on which we infer, with evidence from reason and tradition, the timespan of political dissimulation in all times, even in the Occultation Period. The existing evidence in the Quranic verses (such as “the relations with disbelievers through dissimulation for rejecting their harms is permitted in any time” and “A believer who is forced may be turned into an disbeliever due to dissimulation”) and the evidence found in traditions (such as “the timespan of dissimulation is up to Imam Mahdi’s uprising” and “Anyone who gives up dissimulation before the uprising of Imam Mahdi does not belong to us”) denote the timespan of political dissimulation in the Occultation Period. This is evident also in Imam Khomeini’s opinions.

Based on the propounded consensus, the authority of determining a judge has been given to the claimant, but on the other hand, in addition to not implementing this view in the current judicial system, some other jurists have given this importance authority to the ruler and the government. Now, the question that the current study has addressed is the analysis of the issue of the authority of determining a judge, in the sense that as a Ḥukm Awwalī and Thānawī (primary and secondary ruling) and also in the current judicial system, Is the claimant responsible for determining the judge or the government? In a research that was carried out by a library and analytical method, the widely known viewpoint has been explained along with three reasons. But due to the deficiency in these reasons and the existence of stronger reasons against it such as verses of the Holy Qurʼān and traditions, the Ḥukm Awwalī and Thānawī has been given the responsibility of the authority of determining a judge to the government, while various justifications have also been explained for the opinion of those who claim this authority to the claimant.

The first step to respond to doubts is to know the methods of doubting the opponents. One of the methods of skepticism of the opponents of Shia doctrines is to refer to Imami hadith sources. Dr. Nasser Ghafari, the author of the book Uṣūl Madhhab Shiʾa, Naghdun wa ʾArḍun (Religious Principles of the Shiite, Criticism and Commentary) has also benefited from this method. Using library sources and using the analytical descriptive method, this article seeks to find the methods of Ghafari's skepticism on those Shia doctrines that are documented in the book ʾUyun Akhbār al-Riḍā (as). For this purpose, all his references to this book have been checked from the methodology perspective. The result of the research is that his doubts has a methodological evaluation in three categories: the possibility of conflict between hadiths, the possibility of hadith conflict with Qurʿan and fallacy. Things like fragmenting the text, improper understanding of words, not paying attention to the hadith family, and exaggerating the problems of the hadith are included in the first category. Also, misunderstanding of Quranic concepts and fragmenting the texts of hadith has caused the possibility of conflict between hadiths and Qurʾan. In the field of fallacies, cases such as exclusivity, lexical fallacies, as well as the fallacy of extraneous reason, three frequent types are evaluated in Ghafari's method of skepticism.

One of the criteria of the Islamic culture is the way Muslims cope with Ahlul Kitab (People of the Book). Verse 29 of Surah At-Tawbah speaks of a type of financial agreement with People of the Book, under which they are required to pay a tax called jizyah. There is a view that the meaning of the phrase " وهم صغرون" in this verse is to humiliate the People of Dhimmi at the time of paying jizyah. Therefore, behaviors such as standing them up, grabbing their beards, humiliating, and even slapping them in the face have been considered permissible. The present study, using documentary sources and a descriptive-analytical method, has sought to criticize this view. To achieve this goal, after reviewing the concepts of "dhimmi" and "jizyah", in the first step, the possible reasons for the aforementioned view in two areas of understanding the phrase " صغرون وهم " and also deriving from a hadith have been explained. In the next step, these Fiqhi interpretations have been weighed against criteria such as presenting them to the Quran, the linguistic concept of Seghar (minor, small), presenting them to the Sunnah, and being in line with the Islamic moral system. The achievement of the study, based on the view of Ayatollah Khamenei in interpreting verse 29 of Surah At-Tawbah and the related Hadith, is in the invalidity of the aforementioned view and a sound interpretation of the verse. According to this interpretation, undermining and humiliating the people of dhimmi is not compatible with the standards arising from Islamic tenets.

Undoubtedly, a wife who has a permanent marriage and submits, it is obligatory for her husband to provide her alimony. Sometimes there are situations where the woman refuses to comply and she may have permission, but her alimony is still protected and the husband who abandons the alimony is sentenced to prison according to the law. But the opinion of many jurists is different on this issue, and since its analysis can cause a change in the vote in the legislation, it is necessary to research it. Based on this, we are faced with two upcoming questions; With what jurisprudential and legal basis can the wife's entitlement to alimony be proved in cases of permissible disobedience? What is the verdict of not paying the wife's alimony in this assumption, and how much can the sentence of imprisonment be in line with the family protection law? In this article, we are trying to evaluate the permissible cases of disobedience, the wife's entitlement to alimony and the type of punishment for the husband who neglects alimony in this situation. Based on the findings of this article, which was written in a descriptive and analytical method, in cases of disobedience, the wife is entitled to alimony, but punishing the husband with imprisonment is against supporting the family, and the punishment of the husband who neglects alimony should not be imprisonment.

One of the challenging aḥkām (rulings) related to the women’s rights system in Islam is the ruling on the permissibility of enjoying an underage wife. According to this ruling, any sexual enjoyment is permissible from an underage wife except dukhūl (penetration). Using library sources and the descriptive-analytical method, the present paper tries to review this ruling. For this purpose, after explaining the arguments of those who believe in the permissibility of enjoyment from an underage wife, it has reviewed each of these arguments. Then it has followed the selected point of view in two parts, the reasons for the permissibility of changing the rulings and the effective components for changing the ruling on the enjoyment of the underage wife. In the first part, it was proved that the two main reasons for the ruling and the change of conditions can be used to change rulings. In the next part, it considers the following five factors in the issue of enjoyment of the underage wife as the reason for changing the first ruling: rational qubḥ (evil); being unconventional; opposing the interest of the child, being harmful, and opposing morality. Based on the following explanations of each of these components, any sexual enjoyment of an underage wife will be impermissible in the current age.

The purpose of this research is to recognize the issue of how the infallible imams, peace be upon them, have cited the honorable verses of the Qur'an and deduced the Shari'a ruling from the references and revelations of the Qur'an. Since the Qur'an is the first and most important source of legislating jurisprudence, and the Imams are the most knowledgeable people in the field of the Qur'an, better than anyone, they have taught us how to refer to the Qur'an and how to refer to it in expressing jurisprudence. The wayfarer in this direction is ijtihad, which will pursue a dynamic jurisprudence that is in accordance with the Qur'an, and an example of it was mentioned in this article, which will prevent the final divorce and return to life.

The research method in this research is in terms of collecting information in the form of library and documents, which research materials are the same documents and books. And in terms of method and essence, it is a descriptive analysis, which after presenting the materials and describing them, analyzed the existing approaches, and analyzed the information, paid attention to inductive analysis.

After examining and analyzing how imams refer to Quranic verses in jurisprudential hadiths about divorce, in addition to finding examples of their method in deriving jurisprudential rulings, strategies for returning to life and consolidating the foundation of the family were found in these rulings and Quranic verses. The discussion was mentioned.

If we want to have a dynamic jurisprudence that is in accordance with the Qur'an and solve the problems and issues of today, we must pay attention to the role and method of imams in the way they refer to the verses of the Qur'an in jurisprudential hadiths, and their method is a suitable basis and training for those who follow the path in this direction. Ijtihad should be placed. This article is an example of the method of imams in quoting the verses of rulings, which leads to a return to life (after divorce) and strengthening the foundation of the family

Imamiyya scholars have not adopted the same approach when facing Sunni news. This research ‎uses library resources and descriptive-analytical method in order to typify the aforementioned ‎approaches. Approaches of conditional acceptance, non-acceptance and instrumentalism are the ‎three types of Imamiyya's confrontation with Sunni news. According to the findings of this ‎research, the selection of the first approach is dependent on the fulfillment of conditions in this ‎news, which include: lack of mandatory rules and principles of belief, reporting of news from the ‎Messenger of God (pbuh) and Ali (pbuh), the support of the news with fame, existence Reliable ‎narrators in the chain of Sind and also included in the writings of Imami scholars. The second ‎approach also does not allow the acceptance of these reports due to the three reasons of the ‎advice of the Prophets (pbuh) to oppose the public, the lack of justice of Sunni narrators, and the ‎knowledge of self-inflicted falsification in their collection of hadiths. The instrumental approach, ‎without judging the credibility of these news, uses them to discover hadiths that show piety or to ‎protest against religious opponents. This research, after explaining the evidences of each of these ‎types, sat down to review them and at the end explained its chosen approach on the basis of the ‎central hypothesis in obtaining trust in the issuance of hadith‎.

Social destructive phenomena appear in different forms and have different factors. Among these factors is political chaos and turmoil, which is interpreted as "human seditions". Such seditions cause the deviation of society and endanger its mental health. During the time of the Amir al-Mu'minin, human seditions spread from all sides and he tried to shine light on the invisible angles of all kinds of seditions and remove the mask from their faces. Therefore, the purpose of this study is to study the orders of the Amir al-Mo'menin (AS) and practical strategies to deal with human seditions. This research, which has been written in a descriptive-analytical method, can explain human sedition in "Nahj-ul-Balagha", differentiate between seditions with a historical perspective, and also introduce the centers of human sedition, examples, tools and ways to deal with this problem. Be path-breaking. The results show that Imam Ali (AS) had several human seditions and that Imam in speech and action determined the way out of these seditions. The importance of the subject under study in explaining human sedition is to provide objective examples and strategies to deal with it.

The identity of Islamic denominations is closely tied to the Quran and its exegesis. Moreover, the core identity of the Quran is nothing but monotheism. In this research, we deploy the library method to study prominent, selected Shiite, Ashʿarite, and Muʿtazilite exegeses of the Quran, establishing that the most authentic idea and process of approximation between Islamic denominations is the monotheistic theory of approximation. Accordingly, just like all other Islamic doctrines, approximation is originated from monotheism, figuring in a world of concepts with a central role by monotheism around reason and wisdom. This theory has at least two outcomes: first, it makes no sense to negotiate over explicit monotheistic texts, but as for apparent meanings and ambiguous phrases of religious texts, one might seek harmony and reconciliation. Moreover, differences result from contradictions or conflicts. As long as such differences do not contradict the belief in monotheism, they are included in the scope of approximation and reconciliation, and when such a contradiction occurs, approximation makes no sense.

Nahj al-Balaghah is rightly introduced beyond human speech and below the word of God. The variety of topics of Nahj al-Balaghah is astonishing, high monotheistic teachings, high divine values, advice and preaching, expression and analysis of political and social events, the agenda of rulers and their reprimand are among the contents of Nahj al-Balaghah. The right to security and safety, after the right to life, is at the top of the list of human rights, and religious texts in various dimensions have recognized it and have set executive guarantees for its realization. In the present article, an attempt is made to first explain the concept of political jurisprudence and its issues and goals, and then the issue of security and its dimensions, which is one of the examples and propositions of political jurisprudence from the perspective of Nahj al-Balaghah by descriptive-analytical method and studies. Library and fisheries to be researched. The aim is to introduce and introduce the divine gift of security and provide a clear picture of it with effective strategies in realizing and consolidating and institutionalizing security in various areas of human life, citing the jurisprudential teachings of Nahj al-Balaghah. : 1- Is there a place in political jurisprudence for interpreting and explaining the issue of security and its broad dimensions, which is the most necessary need of human societies? 2- What are the principles of security and its dimensions in the political system of Islam from the perspective of Nahj al-Balaghah?

There is a lot of dispute about concession as a common way of transaction. Among them, the necessity or possibility of concession in the matter of debt, is the axe of discussion between jurists. By considering the commonness of concession and the importance of its related matters, the present article, by an analytical-descriptive method, firstly establishes a primary principle in the issue and then based on each of the two jurisprudential views around the necessity or possibility of concession, these two ideas have been examined. According to these surveys, the primary principle in the issue, based on the idea of ownership possibility, is the necessity of concession and based on the idea of possession permission, the first principle is the possibility of concession. Based on ijtihadi reasons, beside the primary principle in the issue, whether the concession has been considered as a necessity or possibility, the idea of  necessity is more acceptable. The principle of necessity, the continuity of inadmissibility of debt claiming rule (in the case of debt  feasibility), essentialness of considering the certain cases of Ijma (consensus) which have been excepted out of the necessity, could be the reasons which would prove the matter of necessity.

Takfir is one of the most important challenges of the Islamic world in the present age and one of the causes of division between Muslims. The principles of Takfir root in incorrect interpretations of verses and hadiths and bring forth excuses for deviant and vicious groups. On the other hand, some hadiths from Shiite sources which express points of Takfir (in their first layer of meaning), beside their unstable understanding, has provided a groundwork for dissident medias to provoke enmity among Muslims. This article, which uses descriptive-analytical and library method, tries to present a true, firm and comprehensive analysis around these hadiths based on the terminology of "believer" in the Qur'an and "degrees of infidelity, polytheism and misguidance" in the verses. By adjustment hadiths accordingly to Holy Qur'an, incorrect interpretations have been criticized also their important jurisprudential effects discussed. The findings show that as infidelity, polytheism and misguidance have been used in the Qur'an in various levels, so the practical and pivotal point to analyze hadith and solving apparent conflicts is the same. Also, "believer" in its Qur'anic term includes all Muslims - except in special cases - and the judicial verdicts such as purity and forbiddance of Gheebah (backbiting) for all Muslims sects.

Verse 3 of Surah Noor (the verse of adultery) is one of the important documents that is used by twelver jurists for the eternal prohibition, in the topicof marrying an adulterer. Jurists and interpreters have two positions as towhether the above verse indicates prohibition in this topic or it's just for declaration. According to the structure and context of the verse, some believe:Although the context of the verse is a declaration, it shows a religious lawand signifies the prohibition of marrying an adulterer. The others believe thatthe verse only expresses the objective fact that the guilty seeks the sinful andthe good seeks the pure; according to the context of words of the verse andhadith arguments. Examining the arguments proves that the verse declares amoral and natural rule and does not signify the religious law of prohibition

The jurisprudential rule of "necessity and urgency" can be current and documented in many cases. Applying this rule can play an important role in stranger physicians’ look and touch and it can be as a way for them to treat patients in accordance with jurisprudential issues.

This descriptive-analytical article analyzes jurisprudential texts and critiques and examines the views of jurists on the rule of necessity in treatment and its requirements by a stranger physician.

The use of necessity is considered as a jurisprudential solution to allow some treatments. The present study shows that the jurists, citing this rule, seek to provide a jurisprudential solution for the treatment of stranger patients by physicians, although there is a difference between them in the type of citation of the rule due to differences in documentary narrations.

Ambiguity in some useful propositions in principles of jurisprudence has caused disputes among osuli scholars. Searching in some osuli books, one may find out that some propositions by the majority of these scholars have been considered as “definite, intellectual, natural, and free from argumentation”.  On the other hand, some other scholars have raised doubts such propositions totally, which are reflected in the issue such as inexpressible indecency of punishment, the indecency of tajarri, manifest authenticity, and certitude authenticity. The point is that occasionally these two parties of the dispute are of the opinion that what they claim are taken for granted and they are sure about them. The question to be answered here is that what is the reason for such an odd disagreement? It is believed by the researchers of this paper that given such propositions are clearly stated, the origin for the disagreements is determined.  In the course of the research, the researchers have analyzed such unwritten rules governing the humanistic societies (general public requirements).Having differentiated the “individual requirements” from “general public requirements” and having delimited the “intellectual and rational rules”, the researcher have concluded that osuli propositions belong to social requirements and intellectual accounts whose wrong  mingling with individual intellectual rules have caused the aforementioned disputations.

The common view among the lawyers and the jurisprudences suggests the absolute right of lien for wife while solvency and insolvency of husband make no difference in its demonstration, but the opposite view which refuses this lien with assumption of insolvency has many adherents among the recent jurisprudences. These jurisprudences resort to some law such as prohibition of detriment, distress and constriction, equity, optional understanding of the Shari, and individual and social expediency. Some other jurisprudences accept differences between knowledge and ignorance of the wife to solvency and insolvency of husband during coagulation of marriage and suggest that knowledge and ignorance can be effective in refusal or acceptance of the lien, though this view is eligible but it seems that the knowledge and the ignorance have no effect in acceptance and refusal of the lien, but it can be a evidence for its tacit refusal. So in this paper the reasons will be explained and the above view will be developed.

One of the important matters in the life and social relations of the mankind is how to manage the acts based on stabilization in the political power, and the principles and criteria ruling on these relations especially in the field of commanding. Islam as the last divine religion and the prophet Muhammad (PBUH) as the last prophet and his family as the divine leaders have given a high position to morals in managing the social and political relations, and Imam Ali-Ibn-Musa-Al-Reda (AS) has showed during his life especially after nomination as deputy of the Calif a clear picture of necessity of using the moral-based methods in politics by adding two important elements of the social life, i.e. ethics and politics. The aim of this paper is to study morality in politics according to Imam Reda’s (AS) manner and statements and has tried to generally discuss the most important elements of this view from his perspective.

One of the important performances of the Quran is morality, which is a light of The Quran miracle. This article discuses about this miracle aspect of The Quran and surveys the manner and the unique way of expressing it. With Studying of concepts and expressing the place of morality in the Quran, The different views of these aspects will discuss.With analyzing these opinions, we find out two sights of the Quran miracles in morality. First: The important function of Quran in making the immoral society to a moral society.Second: The Quran displays the highest morality system that is in topmost place of the other morality systems.

There are two kinds of religious commandments: one is a command that is established for a thing as an action regardless of the states and knowledge and ignorance of the obligatee towards it like necessity of praying, fasting, and prohibition of eating corpse. It is called "primary real commandment" too. The other is a command that is established for a thing given to the special states of the obligatee like necessity and emergency. It is called "secondary real command" as well. For example the primary command of eating corpse is prohibition but in the case of emergency it is permitted and the primary command is removed. Where the obligatee can’t act in accordance with the primary command for special reasons, it is constituted with the secondary one. Secondary command is regarded as a real command not superficial. Quran has stated primary commandments as well as some secondary one. Each of them is as a general rule that conform with many cases. Stating criteria of primary and secondary commandment, some examples have been stated in this article.