جستجوی مقالات مرتبط با کلیدواژه « مصلحت » در نشریات گروه « علوم قرآن و حدیث »

The most Imami jurists have insisted on expediency in possessions of the compulsory guardian on incapables' properties, even some have claimed consensus on it. The jurists, following the most Foqahā, have considered the influence of the compulsory guardian's possession conditional on compliance with expediency. In the civil law, the influence of the compulsory guardian's possession in the property of the incapables' properties is conditional on compliance with expediency. On the other hand, some jurists have not set any condition for the compulsory guardian's possessions, but considered it to be absolutely valid. In this research, using a descriptive-analytical method and by collecting library information, while rereading the words of jurists and examining evidence from verses, narrations and consensus, it has been proven that both sayings are incomplete: in the theory of the unconditioned guardianship, the verse and narrations cited in terms of the implication to the claim are confused, in the theory of expediency, the proofs presented are also incomplete: the cited verses and traditions do not imply the claim, the claimed consensus is also incomplete because there is no stablished consensus on this issue and the quoted consensus in terms of realization is doubtful, so this consensus is a documented or at least there is a possibility of documentary about it, so it is not a proof, As a result, the compulsory guardian's possessions in the incapable's properties is neither absolutely valid nor conditional on the existence of expediency, but the mere absence of the corruption is sufficient.

The central role of expediency (Maslahat) in Shia argumentative jurisprudence (Feqhe Estedlāli) is not hidden from anyone, to the extent that many jurists consider rulings sequences (Tābe') of benefits and detriments (Masāleb wa Mafāsed). One of the important areas of influence of expediency-oriented jurisprudence is the area of ​​newly emerging issues of medical jurisprudence (Feqhe Pezeshki), which can overcome the challenges facing this field. The function of expediency in the conflict between keeping the patient's secrets and respecting the important and emphasized interests of the Shari'a is one of the issues that requires proper reflection and research in this field. It is an issue that has not been seriously addressed in the field of medical jurisprudence. In this article, relying on the descriptive-analytical method and using the inferential and ijtihad style, the conflict between expediencies is analyzed to identify the cases that have more important criteria than protecting the privacy of the patient, cases such as preventing the spread of the disease, consultation about the characteristics of people, pre-marital tests, witness in courts, preventing crime, doctor's defense of his practice, educational and research purposes.

The rules and regulations of all countries are established based on specific values and goals, and what distinguishes them is the principles, aims and structures; The different human views on these titles cause fundamental differences in the actions and behavior of people and governments. The rules of the Islamic Republic of Iran are also based on Islamic principles; now this question arises, why some rules of Islam and IRI’s laws about children are contrary to reason? For instant, in case of killing a child by his father, according to the Islamic law, the father cannot be executed; but utmost, this father, who was the murderer, can be convicted to prison for 3 years up to 10 years, based on the general aspect of the crime. The current research was done based on the descriptive-analytical method and citing library sources. The findings of the research prove that the execution of father for killing his child, although it seems reasonable apparently, but as a matter of fact, this case is excluded based on real expediencies and disadvantages; Because if the laws related to children are carefully checked, it will be reached that in the Islam point of view, unlike other communities, the humanistic view (anthropocentric) in the establishment of such rules is rejected, and the best ruling in this matter is not to retribute the father; insomuch it causes survival of family relationships and helps the community growth.

As a necessity in any society, the pecuniary interest is certain and inviolable. In addition to the emphasis of the Holy Law on supporting disabled and disabled people who do not have the ability to protect their property and know the interests of their affairs; Intellectuals, social reformers and legal scholars are also aware of the importance of the issue in every society and pay special attention to the proper implementation of protection for the imprisoned. Due to the fact that the management of the property and interests of minors, madmen, non-reshid persons, etc. has different aspects and includes many examples. Sometimes it happens, however, guardians, legal guardians, judicial authorities involved in financial affairs, etc., in financial and non-financial affairs, come across cases where two interests are placed against each other, to determine which of the conflicting matters From the Shari'a, moral and legal point of view, it is against financial gain; There is no specific rule. In this regard, there are shortcomings and abridgements of the laws, and the decisions of guardians, guardians or legal guardians may be contradictory in different cases, which is not compatible with justice. In this research, we will analyze the issue by examining the "expediency of prisoners in Quranic studies and law".

Shiite jurists have articulated two types of orders and expediency: fixed and variable. Fixed orders have a permanent expediency that does not belong to a specific time and place. Variable orders have a mutable expediency and appear at any time and place in a manner commensurate with it. These orders are also called "Velaee" or governmental orders. Most Shiite jurists have not accepted the position of expediency in deriving the Shari'a law. On the other hand, the same jurists have expressed various views on expediency in the position of implementation and obedience. The expediency that is dealt with in the legislation and legislative system is the same expediency in implementation or obedience. The subject of expediency requires a wide-ranging discussion and is beyond this short text. In this article, we have only mentioned the necessity of expediency in legislation, the authority for determining expediency, the criteria of expediency, proving expediency (whether expediency in the legislative position should be definite or doubtful) and its practical process in society

The purpose of the present study is to identify and explain the documentaries about public interest in Shi’ite political Fiqh (jurisprudence) using a descriptive-analytical method. In this regard, the generic and particular documentaries about the principle of public interest involving the Qur’anic verses, traditions, Sirah (biography of the Prophet), and so on were surveyed. Furthermore, with a practical outlook on the principle of public interest, its regulations in politics were discussed. The results showed that common sense with emphasis on the purposefulness of Shari’at (religious guidelines of Islam), holds that the goal of Godly legislations is to provide public interests; and that Islam as a religion responding to all individual, social, and political issues, cares about changeable rules as well as material and spiritual interests and corruptions, in addition to the fixed rules. Besides, the study of documentaries about public interest determined its firm relation to the performance of Islamic government in solving political, security, and economic problems.

This article tries to provide a suitable solution to solve the doubts raised by researching verses, narrations, rational reason and scholars' practice. Given that the rulings are expediency and corruption, the prediction of crimes is mandatory, because the role of punishments is to maintain the moderation of the individual and society through the preservation of values. The preference of typical interest over personal interest, the purposes of punishment and criminal justice requires that in hodud such as punishments, circumstances, time and place and characteristics of each offender in determining the punishment is not effective in a broad sense. This issue is not incompatible with criminal justice; it is justice because justice means putting everything in its place. Therefore, it is not necessary that considering justice in different types of crimes to be similar; Because the justice that the holy shari'ah has commanded means the observance of the rights that Islam recognizes, and refining of oppression is the avoidance of trampling on the rights that God Almighty considers valid.

In this research, which is carried out with a quality study and an analytical approach, at first, prudence is briefly touched upon and then with an analysis of the most evident example of prudence in Sūrat al-Yūsif (A.S.), i.e., the incidence of embedding the king’s cup in Benjamin’s load and conforming legal criteria to it, while responding to peripheral misconceptions, new findings have been achieved; firstly, the most important congestion (tazāḥum) in this incidence – which is misconceived by most interpreters – is specified. Secondly, by applying the components involved in this incidence, including accusing Benjamin of theft to the criteria of moral action, the misconception of moral blameworthiness and using immoral means in this prudence is rejected. Thirdly, four strategies for discernment of prudence have been enumerated and then by applying systemic thinking to the management of the incidence, the comprehensive systemic outlook as Yūsif’s (A.S.) macro-strategy in discernment of prudence has been introduced.

Imam Hasan’s reconciliation with Movie in the year 40 is a defining moment in the early history of Islam. This event changed the structure of Islamic governments from caliphate to monarchy. Therefore, historians and hadith scholars have placed this issue at the center of their attention and investigated the reasons behind it from the perspective of their own religious or political stances. The current paper first studies the philosophy of this reconciliation up to the seventh century with reference to Sunni and Shia writings. It then takes a critical analytical stance toward narratives and historical accounts. Finally, the current research concludes that Shia and Sunni scholars looked at this reconciliation from different perspectives and offered differing analyses and reasons. The current article finds that both Shia and Sunni scholars concur that Imam Hasan’s reconciliation emenated from Imam’s decision to protect the interests of Muslims. However, sunni and Shia historians single out different backgrounds for this major decision

One of the central issues of progress model relates to area of politics; political jurisprudence claims it can resolve many of problems in this field. In the Islamic Republic of Iran Regime model, political jurisprudence should be made possible to undergo further consideration because it is arena of newly emerged issues and events. Jurisprudential inferences overseeing political action can help determine situation of a Muslim individual in political life. This, on one hand, necessitates explication of indexes of Iranian-Islamic model of progress. The present article has postulated the indexes concerned by the supreme leader of the Islamic revolution in order to standardize the religious necessities of political life in the international and internal areas. On the other hand, it has paid attention to capacities of political jurisprudence in order to provide necessary tenets for directionality of the subject model. The article has hypothesized that the Shiite political jurisprudence has the ability to present religious necessities pertinent to political life based on the Iranian-Islamic model of progress. To confirm this, analytic-descriptive methodology has been applied. As a result, in addition to “tradition-centered” ijtihad, “intellect-centered ijtihad shall be emphasized and individual-centered jurisprudence shall be transitioned to society-centered jurisprudence.

Discussing expediency and systematizing it as a rule and a specific title can have a significant impact on the issuance of a ruling. In the Shi'ite view, government orders are partial orders and instructions, the position of general rules and regulations, and the order in which Shariah is enforced. That the legitimate leadership of a society according to the right of leadership - which has been delegated to him by God Almighty or the Infallible One - and issued in the community's best interest. In Sunnis' view, the purpose of maintaining a system of government orders based on the nature of the expediency means Protecting the five purposes of the Shari'ah is wisdom, self, generation, property and religion. There are several types of expediency that are here referred to as 'marseille'. The purpose of issuing a government order is that public interest must be respected. The government decree on its purpose is to preserve the system, which is one of the greatest interests of human society. In this research, we have tried to explore the implications of what is the preservation of the system in government-related rules of interest and what is the position of Farragin.

The verdict of hijab and chastity in the meaning of observing the appearance as well as controlling and protecting man from sin and haram has been emphasized in the holy Quran. In the contemporary societies, however, the nakedness is regarded as a sign of development and human identity has turned into physical identity. This has led many intellectuals and elites to seek for institutionalizing hijab and chastity and providing solutions to solve the uncertainties caused by it. Among the theories that its utilization relying on the content analysis approach can be influential in the explanation of logic behind hijab and chastity and ways to deal with it, is the theory of credit perception proposed by Allameh Tabataba'i, which is based on recruitment, justice and community, and personal and social interest. Accordingly, recruitment and social justice will lead to the provision of public goods, and the obligation to protect hijab and chastity as well as balance in society.

Islamic Republic of Iran is a discipline based on religious democracy that supervises the implementation of Islamic laws in the political domain which is after presenting a successful example of the unification of Islam and democracy, in addition to scientific and practical scheming of the presence of “republic” in power structure. The role of people in selecting the deputies for the legislatory power and passing essential laws to the interest of the Islamic discipline, is a higher issue than the public Vilayah (supremacy) of Faqih (the jurist) which actualizes the Islamic discipline, regardless of legitimizing it. Participation of women in various political domains and the possibility of the presence of the Dhimmis in the Islamic government at the power structure is another aspect of adaptability of Islam and democracy in the example of Islamic Republic of Iran which, in addition to applying Islamic parameters to control the power such as piety of the governors, uses the presence of people as supervisor for the functionality of the government in practicing the role of ordering to the good and preventing from the evil for correcting the government’ affairs.
Key Words: Democracy, Interest, The Religious, Exterior Control of Power.
Republic of Iran on Basis of Imam Khomeini and Basic Law Viewpoints
Abbas Heidari1 Hamid-Reza Gardashti2
Abstract Islamic Republic of Iran is a discipline based on religious democracy that supervises the implementation of Islamic laws in the political domain which is after presenting a successful example of the unification of Islam and democracy, in addition to scientific and practical scheming of the presence of “republic” in power structure. The role of people in selecting the deputies for the legislatory power and passing essential laws to the interest of the Islamic discipline, is a higher issue than the public Vilayah (supremacy) of Faqih (the jurist) which actualizes the Islamic discipline, regardless of legitimizing it. Participation of women in various political domains and the possibility of the presence of the Dhimmis in the Islamic government at the power structure is another aspect of adaptability of Islam and democracy in the example of Islamic Republic of Iran which, in addition to applying Islamic parameters to control the power such as piety of the governors, uses the presence of people as supervisor for the functionality of the government in practicing the role of ordering to the good and preventing from the evil for correcting the government’ affairs.

Exploring the question of goodness and badness, Martyr Sadr has aimed to explain the meaning of goodness and badness and their status in the station of realization and affirmation and typology of statements of goodness and badness. According to his view, interpretation of goodness and badness as “expediency and aftermath”, “deserving reward and punishment”, “deserving praise and blame”, “desire and instinct” is not correct but the authentic meaning of goodness and badness is the moral necessity which - regardless of the realm of conventions - has had actuality in the tablet of reality and is other than cosmic necessity. According to him, the difference between essential and canonical goodness and badness is substantial and is not limited to the quality of ascription. He has criticized some of justice-oriented ('adliyyah) theologians for proving essential and rational goodness and badness and regarded the two propositions of “justice is good” and “oppression is bad” as assertoric propositions. According to him, the propositions of goodness and badness are indemonstrable and are among certainties and Muhaqqiq Isfahani’s argument for their being among conventional proposition is not valid. Beside its strong points, Martyr Sadr’s view has some weak points which have been dealt with in the present article.