جستجوی مقالات مرتبط با کلیدواژه « فقه شیعه » در نشریات گروه « علوم اجتماعی »

A recent, relatively common conception of the expediency in the Islamic Republic's governance experience is the secular one. According to this conception, the formation of the expediency requires going beyond the existing capacities of Shia jurisprudence and recognizing the common secular reason in the governance. Contrary to this approach and in response to it, this article argues this concept arises from a problem expressible in a jurisprudential framework: the separation between the domain of the government and the domain of interpersonal interactions, the refusal to infer relations regarding the government from legitimate contracts in the domain of individual interactions, and ultimately the priority of the first over the second in the cases of conflict. So, the regulation of property limits, environmental protection, and in general, the preservation and protection of the interests of Islam, cannot be inferred from the rights and powers related to interpersonal relations; Rather, the government in this sense is a condition for the realization of rights related to interpersonal relationships. Therefore, this conflict can be formulated in the form of conflict between private and public rights and the priority of the latter over the former, considering the purposes of Sharia; The distinction between public and private right is necessary for the concept of government, which neglecting it leads to the refusal to infer the government and its affairs from jurisprudential evidences and ultimately leads to a secular interpretation of government.

Transition from jurisprudence to law is impossible without clarification of the “manner” of shift from one to the other. However, before such transition, the “possibility” of turning jurisprudence into law, or in other words, establishment of a conventional legislation institution, must be first approved in the Sharia law. It is significant, knowing that in the political system of the Islamic Republic of Iran, Majlis or Iranian Parliament is responsible for legislation but in view of jurisprudence, legislation by the Majlis should receive jurisprudential endorsement. The principal question of this paper is about the possibility of conventional legislation institution in Shia jurisprudential literature. The most important theoretical obstacle to legislation is the theory of “comprehensiveness of jurisprudence”. However, if the hypothesis is interpreted through the eyes of ijtihad, we will find out that not only jurisprudence has no inconsistency with conventional legislation, but also it emphatically endorses such legislation. Thus, comprehensiveness of jurisprudence is no obstacle to translation of jurisprudence into law and establishment of a legislation institution. In this paper, we have tried to review this issue with an analytical method and library studies with an emphasis on Imam Khomeini’s views to open a window toward placement of the concept of modern law in Shia jurisprudential literature in terms of specific interests and meeting the rights of the nation. Since, discernment of specific interests is an ultra-jurisprudential issue, it falls beyond the power of religious decrees and state orders.

Just as the lack of resources on the history of Ithnā'asharī Shiite jurisprudence makes it difficult to research and write about it, so does the history of Ismāīlī jurisprudence suffer from such a lack. Even more, speaking about Ismaili jurisprudence and its history with regard to their secret activities, especially before Fatimid rule is more difficult, in a way that this has led to the fact that the Ismāīlīs are sometimes accused of disregarding the jurisprudence and appearances of the Shari'a, which of course is not true of all the Ismaili sects (apparently only the Nizari are so).
Professor Mohammad Vaezzadeh Khurasani is one of those who have paid attention to this issue and with a historical perspective that he learned from his professor, Ayatollah Boroujerdi, chose the subject of his presentation at the Sixth Iranian Research Congress held in Tabriz in 1975 as "relationship between Shiite jurisprudence And Ismaili jurisprudence.
In this article, the author, using the manuscripts of Professor Vaezzadeh, presents a report on his research and makes some points about the book Daā'im al-Islam and Qāḍī Nu'mān, which he hopes will open the door to research in this field.

One of the major issues concerning the theocratic and non-theocratic religious communities is designated as blasphemy that targets religious sanctities, which has evolved into a challenging discussion in international and predominantly Islamic societies due to the rising trend observed in recent decades. Contrarily, there is not adequate discussion in jurisprudential and legal research circles that appropriately addresses the issue. Accordingly, it is deemed necessary to define and demonstrate the components of this crime, as well as the criteria dictating the execution of punishments for blasphemy in terms of jurisprudence per available sources of Islamic religion, all given that the Iranian and Saudi Arabian laws are fundamentally derived from Islamic jurisprudence. With these considerations in mind, a comparative study of blasphemy per core international human rights instruments is also deemed necessary. In Iranian criminal law, profanity targeting the Prophet (PBUH) and other divine prophets (PBUH) is considered as blasphemy or sacrilege towards the prophet(s), denoted as Sab-oul-Nabi. Similarly, if this blasphemous behavior targets the infallible Imams and Fatima (PBUH), it is once more regarded as Sab-oul-Nabbi (PBUH), both punished by the death penalty. Nevertheless, mere profanity towards the infallible prophets and Islamic personages that does not bear any blasphemy is punishable by the discretionary custodial sentence, denoted as ta'zir. In Saudi criminal law, the death penalty is executed only for those who commit blasphemous acts and blasphemy that target the Prophet Muhammad (PBUH) and other divine prophets (PBUH).

Right of inheritance is a branch of private law with a longer history than other majors. It is impossible to distribute inheritance without identifying the degree of succession. In the meantime, French law contains one of the oldest and ordered written rules on inheritance. Some of the jurisprudential arguments on inheritance have similarities with the French law. In this paper, descriptive-historical method has been employed, and, relying on Imam Khomeini’s viewpoints, attempts have been made to study the degree of succession in distribution of inheritance in two independent Islamic legal systems that have both been established based on the Holy Quran. We have compared and contrasted the two with the French law to identify the roots of differences in Shia, Sunni and French inheritance laws.

This descriptive-analytical research was conducted with the aim of investigating the Shiite jurisprudential changes in women's rights and freedom and the effect of time and place on these changes; thus, jurisprudential sources, including original inferential ones during last forty years, were examined. After reviewing them, it was determined that there was no research that had examined the subject of this research. The findings of this research demonstrate that the open door of Ijtihad, the use of secondary and governmental orders, and the use of reason and custom in Shiite jurisprudence have caused to happen positive and considerable changes in women's rights and freedom. By examining Shiite jurists' Fatwas, according to women's current life, positive changes in some issues such as inheritance, blood money, women's right to leave home, freedom and independence in marriage, the right to divorce, all kinds of political participations, and novel issues about Hijab are visible and women have had more rights and freedom by them. This research concluded that from this point of view, women have had different legal orders compared to the early jurisprudence.

Jurisprudence and Politics in Contemporary Iran, by Dāwud Firahi, was published in two volumes by Nei Publication in 1392. This book, on the one hand, addresses the relationship between religion and democracy and, according to the author, seeks to “assess the position of democracy in the religious society, relying on the knowledge of jurisprudence”; and on the other hand, it explores this issue in the Islamic political jurisprudence system, especially Shi’a political jurisprudence. Hence, it seeks to illustrate the evolution of Shi’a political jurisprudence in the matter of governing, and its relationship with democracy from Constitutional Revolution to Islamic Republic. After introducing and mentioning some of the positive aspects of the book, the writer outlines some considerations regarding the methodology and content of both volumes of the book.

Tourism, as the most widespread service industry in the world, is of particular importance, Therefore, many countries in a close and close competition seek to increase their profits and revenues from this international activity. Our country, with the date of several thousand years of tourism attractions among the first 10 countries, is the most attractive tourist attraction in the world and is ranked fifth in terms of biodiversity and diversity of natural attractions. Of course, the importance and economic role of tourism should not lead to neglect of other dimensions, especially after cultural dimension, the tendency of the world to seek the easiest and most effective way for cultural dialogue to highlight the role of tourism in many cultures through history and civilizations, while maintaining emotional and human ties to each other with a broader view of other cultures and the political relations of civilizations are more balanced on the basis of the UN economy and understanding. From religious aspect, it should be said that in islam the importance of contemplation is emphasized. The holy quran has shown the importance of tourism and tourism in detail and has asked them to look at the ground and think about the monuments of the past and take advice from their ancestors. There are many hadiths about the prophet and the innocent imams about the journey and travel, which shows the desirability of tourism from the viewpoint of jurisprudence and it can also be used in jurisprudence.

Jurisprudential Re-reading of Enjoining Good and Forbidding Wrong and Carrying out Hodud (Limits) is the latest work of Mostafā Mohaghegh Dāmād, published in 1396 by the Islamic Science Publishing Center. The author has written the present article with the aim of introducing the book. After mentioning the importance of the book, he briefly reviews the content of the five sections of the work: “Good and wrong definition”, “the decree of enjoining good and forbidding wrong”, “the conditions of enjoining good and forbidding wrong “, and “carrying out Hodud”. Also, he has briefly explained about the seven last attachments of the book.

Today, with the developments in the urban lifestyle, women’s sports is considered to be an important issue that contributes to their physical health, vitality of spirits, proper fulfillment of their role as a mother and a wife, and better upbringing of the next generation. In Islam, any legitimate act that strengthens individuals’ body and soul and, in general, increases vitality and vigor in society is accepted and approved. Therefore, the main aim of this research is to study the nature of women's sports based on the Islamic criteria and in accordance with the dignity of Muslim women. Referring to the field of Islamic Fiqh and searching in Shiite jurisprudential sources, the present study explains and investigates women's sports issues and its general principles. The research results show that according to the biography of the wise and the principle of acquittal, sport is allowable for women, and this is confirmed by the verses and narrations about body's health and well-being. Sports is permissible insofar as it does not harm women and does not entail the practice of illegal acts.

Communication scholars have investigated the role of media in various aspects of social life. The function of information has an important role between different function of media. In Iran media try to assess desired functions of media within normative Fiqh orders as well as religious advices. However the main issue in religious media is how to use theories and normative framework for making policy in media. This framework has been based on religious teaching and it will be priority in media programs. This article tries to investigate the normative principle in information. Normative theories as well as emphasizing Islamic normative and reviewing religious texts and narratives of Imams have used. Then by studying some concepts about information in religious teachings in Shia Fiqh, some of the main guidelines in information have been obtained.

Encyclopedia of Law which has been reprinted many times is well known to students and researchers of law. However، this series is open to criticism and for consideration for certain reasons. However، criticizing the form or style of the book is not intended here. In this article، the above said book is analyzed from two points of view: reflective and criticizing. 1. Regarding documents of Islamic jurisprudence and usul، juratory rules، …; 2. concerning the writer’s criticism to some opinions and comments of jurists and usulin. In other words، in this article، it is tried to criticize some of unscientific and incorrect standpoints of the writer in the domain of juratory thought from the view point of shiite jurisprudence.

This article attempts to classify the opponents’ views on women’s participation in the Iranian judiciary system. It starts out by describing women’s status within the judiciary system. The article then proceeds, following such a description, by presenting a sketch on transformation of the status of women in the post-revolutionary Iranian judiciary system. For the writer it is an opportunity to study the evidence (documents) as submitted by the opponents of women’s inclusion within the judiciary system. Finally, the article reaches the conclusion that neither Verses and the Traditions (Hadith) nor other reasons put forward, such as the weakness of women, none constitutes solid grounds for denying women’s inclusion within the judiciary system, i.e., to hold the position of a judge.