جستجوی مقالات مرتبط با کلیدواژه "مصداق شناسی" در نشریات گروه "علوم انسانی"

One of the challenging issues after the Islamic revolution is the place of human knowledge and expertise in the administration of the Islamic system. Some consider jurisprudential management to be in contrast with scientific management, while others consider the consideration of society's interests and attention to human experience as the secularization of government. The purpose of this article is to explain the position of expertise in the administration of the Islamic system based on the methodology of jurisprudence with an emphasis on the opinions of Imam Khomeini (RA), and the claim of this article is that according to Imam Khomeini (RA), jurisprudential management is not in contrast with scientific management, and referring to reason and human experience in the administration of Islamic society does not mean the secularization of religion, but the necessity of Implementation of Sharia law.To prove this claim, first by describing the opinions of the Scholars of principles of jurisprudence regarding the authority of human knowledge in this field; Then, by examining the areas of administration of the Islamic society, we have analyzed the essentials of these basics in the administration of the Islamic system.

The Practice of Reasonable Persons is a universal behavior or mentality that, under identical circumstances and conditions, is adopted by erudite minds, regardless of their doctrinal and intellectual inclinations. This concept, which has gained a special status among scholars of the science of jurisprudence in the past two centuries, has sparked numerous discussions regarding its legitimacy and classifications. Among the foremost jurisprudents, discrepancies can be observed regarding the identification of instances of the Practice of Reasonable Persons. Understanding these instances must be considered as an inimitable simple task. This article aims to introduce and evaluate potential methodologies for identifying instances of the Practice of Reasonable Persons. Various approaches, such as referencing foreign legal systems, uniform and model laws, general principles of law, and the opinions of parliamentary representatives, have been scrutinized in this paper. Absolute rejection or endorsement of any one of these methods is a mistake. Instead, one can utilize the culmination of all these methods as a means to identify instances of Wisdom Praxis.

One of the most frequent institutions that is considered in various jurisprudential subjects is the institution of "Wilayat (guardianship) ". Among the examples of guardianship, "customary guardianship" has been less discussed and studied, and in addition to the need to explain the nature, it is necessary to examine the arguments for the legitimacy of its guardianship. Accordingly, the major question of the study is "What are the principles of legitimacy of customary guardian?". The research hypothesis is that blood relatives (other than father and paternal grandfather) are the customary guardians and narrative and rational arguments can be used for the legitimacy of their guardianship. The method of this study is descriptive-analytical and the religious arguments are analyzed in it. The finding of the current study suggests that by analyzing and scrutinizing the primary and secondary arguments of the guardian, the customary guardian can be accepted as a constrained guardian. Accepting the legitimacy of guardianship of a customary guardian will have many effects on individual and social life. In addition, it can reduce some of the responsibilities of the government and the judiciary system, and manage affairs more easily and by the people themselves.

Asmaullah is one of the most controversial topics in religious sciences that has always been considered by Muslim commentators and various views have been expressed about its complete examples, but so far no detailed research has been done to present, analyze and evaluate these views. In this article, an attempt has been made to clarify the main view of Muslim commentators on the meaning of the atom of divine names by examining the interpretations of Shiites and Sunnis, and analyzing the contents. Based on the findings of this study, which has been done by analytical and descriptive method and with a case study of interpretations, it became clear that according to Shiite commentators, the Prophet and the Ahl al-Bayt (1) are examples of the atom of divine names and there are several reasons for this. Shiite interpretations have been made especially by the infallibles (). But according to the Sunnis, the consensus of the commentators is definite only on the person of the Holy Prophet (pbuh) and they seem to believe that after the Prophet Khatam (pbuh), there are other divine prophets in terms of spiritual status and they do not consider anyone to have priority over the prophets; But in some of their important interpretations, Abu Bakr has been introduced as the same rank and rank of the Prophet. In addition, narrations and materials can be found in their

In this article, an attempt has been made to clarify the main view of Muslim commentators on the meaning of the atom of divine names by examining the interpretations of Shiites and Sunnis, and analyzing the contents. Based on the findings of this study, which has been done by analytical and descriptive methods and with a case study of interpretations, it became clear that according to Shiite commentators, the Prophet and the Ahl al-Bayt () are examples of the fullness of divine names and there are several reasons for this. Shiite interpretations have been made especially by the infallibles (). But according to the Sunnis, the consensus of the commentators is definite only on the person of the Holy Prophet (pbuh) and they seem to believe that after the Prophet Khatam (pbuh), there are other divine prophets in terms of spiritual status and they do not consider anyone to have priority over the prophets; But in some of their important interpretations, Abu Bakr has been introduced as the same rank and rank of the Prophet. In addition, narrations and materials can be found in their commentaries that indicate the rivalry of Amir al-Mu'minin Ali () and in a few cases, indicate the rivalry of competence with the Holy Prophet (1). Therefore, it is not possible to comment on the belief of Sunni commentators in the example of the atom of divine names.

It is of special importance to study the validity of hadiths that are in the position of expressing examples of Quranic verses that are sometimes accompanied by changes or distortions. To introduce the instances of verse 101 of Surah Al-Anbiya, which speaks of those who have been promised goodness and will be kept away from the fire, Hadiths have been quoted in Shiite and Sunni sources. Sunni sources have narrated a narration that Ali (AS) mentioned the third caliph or other people whose number in some sources reaches ten (Asharah Mobash’sharah). Shiite sources have quoted hadiths from the Holy Prophet (PBUH) according to which he has introduced Ali (AS) and his Shiites as instances of this verse. Sunni narrations are severely weak from the point of view of documentation and from the textual point of view they are in conflict with authentic narrations and definite history. The present study has been carried out with the aim of helping to correctly explain the instances of the verse, after enumerating the above narrations from library sources and with the tools of document critique and critical analysis of the text of narrations narrated in the sources of Shiite and Sunni sources.

The “verse 82” of Surah al-Naml is one of the most prominent verses which points to the events of the Last Day and the signs before the occurrence of the Resurrection. This verse, due to the general understanding in the area of determination of the example for «دابه الارض» (whatever moves on the earth), the time and place of its appearance, has always been a field of conflict for the interpreters’ opinions. The existence of the mentioned ambiguity has led the commentators to refer to the traditions to explain the verse. In spite of some common features among the traditions of the two sects, there are disagreements over the determination of instance for «دابه الارض» (whatever moves on the earth). Most of the Sunni hadiths point to the animal nature of this creature with extraordinary and unbelievable characteristics. On the opposite, Shia narrative resources specify the human nature for «دابه الارض» (whatever moves on the earth) and most of them refer to Imam Ali (AS) as the instance for this verse. While, when we refer to the transmitters of hadiths of both sects, we find the weakness of the traditions’ authenticity. On the other hand, the content of these hadiths is in opposition with the Qur’an’s precise verses, life style and intellect, and in some cases conflicts with other traditions as well. Considering the importance of this issue, the current paper, with the method of analyzing the content, investigates and analyzes the authenticity of the collection of the two sects’ traditions on the determination of instance for «دابه الارض» (whatever moves on the earth) to obtain the correct view.

After understanding the legal precepts and their subjects, the stage of adaption of law concepts with its evidences and external criterion is among the basic topics that have been improperly intermingled with the first stage. Judgments come from the decision on aspects of law subjects, thus, this understanding helps the judge to adjudicate correctly. In this paper, two aspects of the adaption based on intellect and custom are reviewed to prove that the custom leads to correct adjudication. In the court of Iran a decision should be made on the forming of a group such as jury to help the judge for realizing the custom.