جستجوی مقالات مرتبط با کلیدواژه « sharia » در نشریات گروه « علوم انسانی »

Under existing law, the accused is considered in many crimes, from the time the charge is considered and the trial to the completion of the case for a final verdict. The question is, what is the opinion of the religious and moral principles regarding his free meeting with other people, including a lawyer? The findings indicate that by morality and knowing the criterion of establishing a balance between respecting the accused and maintaining the privacy of society, the absolute prohibition of meeting is irrational and unjustified, its absolute permission is also against morality and wisdom of the need for justice. The results indicate that if, at the discretion of the judge, the meeting with the accused is corrupt, delays or damages the process of discovering the truth, including teaching him the way to argue and evade the law, according to reason, nature and morality, he should the supply of materials prevented it. On the other hand, the absolute prohibition of the accused's communication with others may result in undue physical or mental harm to him or his relatives, and may be in conflict with the rights of citizens. Therefore, in terms of rational and moral principles, one should follow the path of moderation and in order to ensure justice, while recognizing the right to meet, by monitoring it, close the way of distorting the truth as much as possible; that is a delicate and sensitive task, by its nature.

In the Islamic legal system "sharia" as the main source of constitutional law goes beyond the written document and gives content to the norms of the constitution. The idea of ​​an Islamic constitution is neither a mere adherence to the principles of the constitution nor a formalist adherence to its writings, but in fact the same adherence to the spirit of the constitution. In addition, "Ijtihad" and “Maslahah” as two dynamic elements of sharia to deduce sharia rules; Built to suit the needs of each era. In this regard, the study of the nature of the Sharia, which can prevail and influence the principles and concepts of the Constitution as a superior spirit and unwritten norm, compared to the written text of the Constitution; It is essential. The present study examines the position of Sharia in the Islamic legal order as a Hypertext value that has subjugated the identity and foundation of a nation, and also by emphasizing the dynamic elements of the Sharia and their impact on the vitality of this superior norm, tries to clarify the relationship between sharia and the unwritten constitution.

Avicenna is a political philosopher with a coherent intellectual system. Utilizing this intellectual framework, he analyzed the issues prevalent in his society and subsequently prescribed an ideal order. The key question is: what type of state does his philosophical system deem efficient, and what mechanisms does he advocate for it? It is asserted that, in Avicenna's political philosophy, the state thrives on the governance of the just and prophetic leadership. On one hand, measures grounded in Sharia laws and civic participation are instituted to prevent societal members from the perils of deviation, oppression, and injustice, serving as a deterrent. On the other hand, moderation and equilibrium in society are established through the application of justice. This article employs a philosophical method, both probative and argumentative, to demonstrate Avicenna's intellectual prowess concerning the efficacy of government based on the tenets of his political philosophy. The research findings highlight that the efficiency of the state hinges on preventing corruption in society, the state, and the political system. Moreover, state effectiveness results from the implementation of strategic policies fostering justice and balance, along with the enforcement of laws that contribute to prosperity in both the present world and the hereafter. Lastly, the efficiency of the state is contingent upon contemporary management practices rooted in experiences, expert opinions, and current requirements.

In spite that Iran's law has undergone changes throughout the history, its connection with jurisprudence is as strong as in the past, as it refers to jurisprudential rules in searching and processing legal rules. Due to the fact that voluntary activities in libraries are new topics, therefore, in the legal examination of it, the mentioned rules will definitely be referred to, but how to apply these rules in legal examinations in general and in the examination of voluntary activities in libraries in particular, has not been studied so far. The present research tries to show that jurisprudence rules can be used in legal examination only with a certain framework.

The required data was collected using the library method and analysis with jurisprudential and legal logic and balanced use of rational perceptions. The scope of legal studies is limited to Iranian law and the scope of jurisprudence studies is limited to Imami jurisprudence.

The activity of the "rule of beneficence", was concluded that voluntarily activities in libraries means that a person who undertakes such an activity cannot be blamed for the results of these activities, since his work is beneficial. The "rules of action" indicates that since the person has denied the right of receiving salary with his own will, the library will not be responsible for the denial of salary entitlement.

Application of the two mentioned rules in the legal review is not absolute and includes religious and rational framework. Its religious framework is derived from the relevant rational that if these two rules cause harm, they are not attributed to the religious legislator. The rational framework is the result of rational perception that does not allow the application of these two rules to have unfair results. Therefore, it cannot be considered responsible for a person conducting voluntary activity in one hand and the library organization on the other hand in the legal review of voluntary activity in Iranian libraries, referring to the above jurisprudential rules. The lack of a framework for jurisprudential rules in their legal use, especially in new matters such as voluntary activities in Iranian libraries, causes their implementation without any restrictions, while this application and lack of restrictions may not be intended by the Sharia and customary legislators. It is not intended by the parties for voluntary activities in libraries and may cause violation of Sharia, moral, human and rational principles. If the mentioned framework is taken into consideration, we will not have any shari'a and moral inconsistency in the use of jurisprudential rules in legal review. Iranian law researchers believe that all dimensions of jurisprudential rules are predetermined and no longer require research. But the fact that, this is not the case, and an important matter such as how to use them and their frameworks has not been researched so far. The present research is the first research regarding the application of jurisprudential rules in Iran's legal reviews and the legal review of voluntary activities in Iranian libraries. Therefore, the continuation of research in this direction is strongly suggested.

4In today's world, the enemy, especially relying on various tools in the virtual space, constantly seeks to achieve its sinister goals, including weakening the significant issue of Islamic hijab in Islamic societies. The Islamic Penal Code of the Islamic Republic of Iran, rooted in the Islamic faith, designates this important and religious duty as part of the religious obligations and obligates its recipients to adhere to this principle. The current conditions in the country indicate multiple efforts by the enemy in this regard, and unfortunately, many sisters have fallen for foreign deception and will be incited to pursue these sinister goals. Non-compliance with Islamic hijab in the present circumstances initially raises the question for the judges as to whether the actor has committed this act merely out of emotion, or whether it was, in fact, a deliberate act with a previous intention and for the purpose of encouraging others of the same gender to engage in similar actions. This issue has created differences of opinion among judges, especially resulting in contradictory rulings Regardless of the validity of the reasoning of either proponents of the two viewpoints, it seems that in choosing the type of punishment and, consequently, determining the penalty, the prevailing conditions in the country should also be taken into account, and making an absolute decision in this matter appears inappropriate.

The fourth principle of the constitution is to guarantee the rule of Sharia in Iran's legal system. The automatic supervision of the Guardian Council on the approvals of the Parliament in advance shows the importance of proportionality between Sharia and the law. The annulment of a government regulation due to its contradiction with the Sharia is beyond the jurisdiction of the Court of Administrative Justice. It is enough to state clearly that "if it is not against the law, it is not against Sharia" and the final decision is left to the Court of Administrative Justice. The correct analysis of this sentence shows the basic judge's view on the concept of law. Despite the strong disagreement among jurists about the nature of the law and its sphere of influence, in cases where it is written. The Shura's reference to the approved laws indicates that the later law It is a declaration of non-contradiction with the Sharia as a government ruling. Refraining from expressing an explicit opinion, especially in matters that are a product of the modern world, such as taxes, social security, etc., is not compatible with the dynamics of jurisprudence. Transparency in the declaratory judgment is considered one of the important principles of the proceedings, which provides the possibility of persuasion and preventing the re-approval of the illegal provision.

One of the important challenges of Muslim societies in the face of Western modernity is the situation of women and femininity because the role and position of women in a society is considered as one of the criteria for measuring the growth and development of countries. The text of the Qur'an came out, one of the most prominent of which is Nasr Hamed Abu Zayd Qur'an, a well-known Egyptian scholar whose research we analyze in this article. The main question here is the relation between gender and politics in Islam from his point of view. With a descriptive approach, documents based on the study of the most important works attributed to him and the use of analytical research methods with the aim of producing an excerpt from his political thought have been presented. The findings of this article indicate that from Abu Zayd's intellectual point of view, there is an equal  relationship between femininity and masculinity in the political vision of Islam. Their hegemony over women's political and social rights has increased.

Law as one of the most important concepts of Iran's constitutionalism was considered by all the thinkers of that era. Akhundzadeh, as one of the intellectuals, noticed this concept and thought about it. His discourse on the law consists of several parts. First, the importance of law and its necessity in Iran. Second, pay attention to the point that until some preliminary actions are done as required by the law, we cannot hope that the writing of the law will bring us the results we want. Akhundzadeh took the side of the law in an important action regarding the relationship between the law and the Sharia, and in this respect he was distinguished from his contemporaries. He believed that the law and the Sharia have two different theoretical bases and it is impossible to compare them and make the Sharia the basis for writing the law or consider both as the same. In his critical review of Mirza Yousuf Khan Mostashar al-Dowleh's book he specified his positions regarding these two concepts. In this article, an attempt has been made to examine Akhundzadeh's view of the law and its relationship with the Sharia by relying on his works.

One of the lesser-known areas in the "experience of political modernization in Iran" is the efforts that were made in the field of "law writing" in the Qajar era, before the establishment of the National Assembly. These efforts, on the one hand, were based on the expanding idea of legalism, and on the other hand, they helped a lot in its development. The present research, taking into account the analysis of critical discourse, and emphasizing the discursive "texture" of legalism, while paying attention to its "constitutional" type, seeks to know the approaches of this type of law writing in relation to Sharia. The findings of the research show that two important approaches were intended. One was the "positive" approach, which was discussed most of all in one word, and the other was the "negative" approach that Akhundzadeh followed in response to the writing of this treatise, and it was in complete agreement with his attitude. In the "positive" approach, Sharia is presented as an important rule for a better understanding of law writing, in which no law will be written, unless there is a clear relationship with Sharia, and of course in that modern law, which is based on European "constitutions". and Shariat was a category that was considered as its confirmation. At the same time, the negative approach basically considered the law writing on this basis to be incorrect and unhelpful for the society and the government and rejected it altogether.

Although the necessity of examining the fundamentals of belief of poets and writers in order to reach the depth of content of their works seems obvious, but in the contemporary period, less attention has been paid to this issue, and therefore literary researches have often found a uniform and monotonous state, which means that often in the form is summarized and if they paid attention to the content, it was without paying attention to the religious roots of the poet and his worldview. In the meantime, even the rhetorical, musical, and linguistic purposes that were emanated and influenced by the poet’s attitude toward himself, society, and the universe, have been ignored, as if they were not original or not worth investigating. As a result, they cause unreal judgments, which added to the darkness instead of light. For this reason, in this article, we have tried to show the influence of the religious roots of two great poets, Sanaei and Molavi, in order to better understand their works, hoping that it will be a step to get away from the world of illusions and fantasies and get closer to the land of truths and lights

The present study tries to compare the texts of Avicenna and Motahari on the relationship between practical wisdom and Sharia with descriptive-analytical method. In general, the opinions of two thinkers in the two areas of the origin of practical wisdom and the confirmation of the rulings of practical wisdom and Sharia by each other or their conflict can be examined and evaluated. Avicenna has adopted a dual opinion regarding the origin of practical wisdom. On the one hand, he points out the place of intellect in practical wisdom in the discussions of psychology and on the other hand, in his treatise Ayun al-Hikma, unlike his other works, he states the Sharia the origin of each three types of practical wisdom. But the analysis of Avicenna's philosophical foundations shows that he considers practical wisdom to be derived from the theoretical power of human intellect. Shahid Motahari also believes that practical wisdom is derived from human intellect and that God does not command unseemly things; It is because they are inherently ugly. In addition, both of them believe that the rules of practical wisdom and Sharia cannot be opposite to each other; Because both of them follow the same goal.

One of the fundamental principles of the Baktashi Order is the concept of the four spiritual gates: sharia, the path (tariqa), knowledge (maʿrifa), and truth (ḥaqīqa). These gates hold significant importance in the diwan (poetry collection) of Yunus Emre, who is considered a pioneer of Baktashi literature. Yunus Emre's profound yet accessible language, combined with the spiritual impact and widespread presence of his poems in Baktashi takyas, motivated us to undertake a comprehensive exploration of his perspective on the four Baktashi gates. To accomplish this, we employed a library-based approach, coupled with analytical methods. According to Yunus Emre's perspective, the culmination of Sufism is achieved by traversing these four gates. He asserts that Sharia serves as the legal gateway, providing a framework for the truth. Tariqa, or the path, represents a unique connection with an enlightened guide or master. The gate of knowledge signifies the stage of the heart and love. Lastly, the gate of truth represents the highest level of humanity, at which pure divine unity is grasped

 Herat was formerly one of the important centers of Islamic thought and power withinthe Khorasan school. This city has been the place of emergence of great scientists and thinkers throughout the history. During the period of Timurids (14th century C.E.), connection of thought and power eventually led to the emergence of the political school of Herat. Abdur Rahman Jami, as the leader of this school, played an undeniable role in the growth and excellence of Herat's political school. Jami was an intellectual mentor who made the interaction of mysticism and politics possible for the first time in the history of Islam. The Timurid power system and court was soon influenced by Jami's thought and crystallized in the behavior and actions of political agents in the context of the society .This article seeks to answer the question of what constituted Jami's political thought that helped shape the political school of Herat? This article, with the goal-legitimacy framework of "John Murrow" and Quentin Skinner's interpretive hermeneutic method, aims to examine the most important concepts produced by Jami's thought thatentered into the political system of his era by him and his students.

Undoubtedly, one of the most important legal and judicial challenges in Islamic countries’ criminal law is the duality of Sharia and Law. Despite the Constitutions’ emphasis of the vast majority of Islamic countries that Islam is the official religion and the foundations of Islamic Law are the main source of legislation, in practice, except in a few Islamic countries, including Iran, there is no sign of Islamic Law.
   In criminal laws and regulations of countries such as Egypt, Iraq, Syria, Jordan and Lebanon, not only can no trace of Islamic Sharia be found, but also in them can be seen a serious conflict with the principles of Islamic Sharia, especially the Qurchr('39')an and Sunnah. In this regard, explaining the reason and investigating the most important causes of duality is the main purpose of this study.
   Findings of research in this article show that important and influential causes on the duality of Sharia and Law in Islamic countries are the occupation of some Islamic countries, the influence of intellectual and secular currents in the criminal law system, the globalization of criminal law and inattention to Haqq Allah (what is due to God/God’s right) and contentment with Haqq al-Nas (what is due to men/people’s right).
   This research which using descriptive-analytical method and using library resources, explains the reasons and consequences of the duality of Sharia and Law in Islamic countries.

One of the necessary results of religious pluralism is the issue of tolerance, and a pluralistic person goes towards tolerance in the implementation of the social rules of religion. While believing in pluralism, Ibn Arabi is committed to the implementation of Sharia in all matters. He believes that the thought of pluralism has elements that believers and wayfarers must accept in order to ultimately reach the truth, but true pluralism is worthy of a perfect Man and everyone has their own share of this pluralism. Ibn Arabi takes two ways to achieve tolerance compatible with Islam. One is the design of a type of mystical worldview that shows that every belief is somehow related to the truth and after the implementation of divine hudud in the hereafter, the name of the Most Merciful includes everyone. The other is to draw a kind of practical behavior that is consistent with the acceptance of various beliefs. Therefore, Ibn Arabi tries to lead the society towards tolerance while maintaining the rules of Sharia.

The constitution of many Islamic countries, including Iran, requires that all laws be based on Islamic rules. To comply with Islamic rules, religious sources and fatwa [religious decree] of religious scholars should be followed. The question, therefore, is which fatwa is the criterion by which legislative compliance with Sharia [Islamic law] can be achieved? Several theories have been expressed, such as the most knowledgeable scholar’s fatwa, the most famous fatwa, valiye amr [supreme leader]’s fatwa, and the most effective fatwa. This paper presents an alternative view, namely the theory of choice of fatwa for legislation. According to this theory, compliance with Sharia can be achieved by using any fatwa so long as it is issued by Shi'a jurists. Thus, enacting laws according to the fatwas of the mujtahids [Islamic jurists] will secure compliance with the Sharia. Based on this thesis, it is not necessary to enact laws according to the fatwa of the most knowledgeable scholar, or the most efficient or famous fatwa. Supporters of this theory are such prominent figures as Muhaqiq Naraqi and Sahib Javahir. In this research, the arguments for this theory have been stated and its problems have been resolved as much as possible. The adoption of this theory will offer a choice of fatwa in the legislative process, as well as a choice of fatwa by the judge in cases of non liquet. A law or judicial decision is considered to be contrary to Sharia when it is inconsistent with the consensus opinion of Shia scholars. The research method in this study is descriptive-analytical.

One of the most important concerns of Sanai is confrontation between reason and religion and their commonalties. Sana'i's varied opinions on reason and Sharia have led some to consider him a theologist, and some have called him a religiously devoted poet. In some cases, he has even been considered anti-rationalist. Seemingly, the main reason for these varied reactions to Sana'i’s views on these issues is his consideration of the various aspects of reason and religion. The main question is what reason and sharia meant to Sana'i and under what conditions he preferred reason to sharia and sharia to reason. In this article, adopting a library type of research, we try to explain the contradictions in his statements on this topic. The conclusion is that Sana'i did not see any conflict between rationality and religiosity. He rather considered the two to be complementary at a level that transcend linguistic expression.