جستجوی مقالات مرتبط با کلیدواژه "requirements of time" در نشریات گروه "علوم اجتماعی"

 In today’s context, due to the evolving methods of responding to criminal phenomena, there may be instances where the execution of certain legal judgments is temporarily halted by Islamic authorities in order to prioritize higher interests or prevent more significant harms. The Islamic ruler, equipped with two essential institutions—the “secondary ruling” and the “governmental ruling”—can temporarily suspend some judgments or modify their execution methods. Within this framework, the element of “temporal context” grants flexibility to the evidences used for proving crimes, aligning with the realization of dynamic and contemporary jurisprudence. This very aspect underscores the importance and necessity of conducting research that considers temporal context in the application of explicit crime proof evidences.

 The present research employs a descriptive-analytical and documentary methodology. It involves defining the subject matter, consulting legal scholars’ opinions, and analyzing legal principles to arrive at conclusions.

 The research findings indicate that in Islamic legal rulings, including penal judgments, the concept of “temporal context” encompasses the genuine and rational needs of human society in each era, significantly influencing all aspects of legal rulings, especially penal laws and criminal policy. Consequently, the utilitarian approach in Islamic criminal law, particularly the utilization of modern evidences for proving crimes while adhering to temporal requirements, serves as a necessary and opportune perspective. On the other hand, replacing such an approach with traditional legal oaths presents its own challenges.

Individual inference (ijtihad) is a faculty through which the jurisprudential authority (mojtahid) attains understanding of the sharia decrees. In this process the jurisprudent cannot consider himself in isolation of his society, for in such a case, the outcome of his efforts will be nothing but some rigid decrees devoid of any scholarly and practical logic. Hence, a jurisprudent, in inferring decrees or revising his own viewpoints that may lead to alteration of his previous decrees, must inevitably take the requirements and needs of the society as well as the requirements of time and space around him into consideration. This consideration can lead to a rational decree and consequently can win practical commitment of the faithful. This issue not only is not in contradiction with the eternality of Islamic commandments but also is totally different from blind following of Sharia of the society.

The present paper is an attempt to study the viewpoint of Islam towards the Protected People (Ahl Zima). In the light of the notion of time and space, attempts have been made to restudy the decrees of protected people based on Shia jurisprudence. In accordance with the Constitution of the Islamic Republic of Iran, the term Protected People refers to non-Muslims who follow the Divine Books (Jews, Christians and Zoroastrians), who are protected by the Islamic Government on the basis of the Tribute Agreement. Although they enjoy certain citizen rights in accordance to traditional reading of Islamic teachings, they used to face some limitations because of rejection of domination of infidels over Muslims, which included payment of tribute, prohibition of construction of new religious sites, prohibition of advocacy of Muslims, limitation in some transactions and differences in amount of blood money (compensation). However, relying on the notion of time and space, Imam Khomeini believed that the said decrees are revisable. Since inference of decrees are based on their exigencies and detriments, taking into account the regional and international exigencies can be a criterion for inference of many decrees at this stage of time. Hence, by taking into account the requirements of time and space as well as peaceful coexistence of the Muslims with the People of the Book, the decrees on the People of the Book are revisable. In fact, the subjects related to the decrees pertaining to the Protected People have undergone change and hence the said decrees are changeable.