جستجوی مقالات مرتبط با کلیدواژه « the » در نشریات گروه « ادیان و عرفان »

The purpose of the study is to determine how political and constitutional institutions functioned inside the Kingdom of Morocco and how well that knowledge was shared throughout the political system there. Morocco adopted a parliamentary system after gaining its independence in 1956, making it one of the first Arab nations to pursue the path of democracy. According to the Moroccan constitution, the form of government is a democratic parliamentary constitutional monarchy. However, the constitution grants the king exclusive and protective powers, with all powers ultimately remaining in his hands, despite the presence of parliamentary institutions, including parliament, administration, and elections. Our study employed a descriptive approach to analyze and present results. Through our examination of administrative and political institutions in the Moroccan legal system, we identified several key findings. Foremost among these is the observation that the Moroccan political system exhibits significant control over administrative authority, legitimizing governance through a blend of modern and traditional methodologies. We have derived several significant recommendations from our study, with the most noteworthy being the suggestion for further research in the realm of the king's powers as outlined in the constitution. Such research aims to uncover the strengths inherent within the constitutional monarchy institution.

Personal status encompasses a set of characteristics and circumstances that distinguish an individual within society and determine their legal standing. In Islamic countries, personal status is intricately linked with religion, as these countries were historically governed solely by Islamic law until the late nineteenth century. Subsequent to this period, gradual changes in the legal frameworks of Islamic countries occurred, following distinct trajectories that persist to the present day. The focus of this research is to explore the development of quasi-personal status systems in Islamic countries, examining the foundations and evidence upon which they are based. It appears that personal status is grounded in epistemic principles and specific evidence, resulting in diverse systems across different nations. Investigating the evolution and transformation of jurisprudential and legal ideas related to personal status, alongside an examination of pertinent evidence and foundations presented by scholars of jurisprudence and law in this regard, may foster a convergence of perspectives. Consequently, closer alignment of laws could be achieved by incorporating these approaches. This study delves into the buildings and documents underpinning the personal status systems of Islamic countries. Through a descriptive analytical approach, it becomes apparent that these systems are built upon epistemic and methodological foundations, as well as distinct pieces of evidence. Additionally, there are notable commonalities evident across the personal status systems of Islamic countries.

Research on adapting the relationship between the judicial authority and the Ministry of Justice delves into the dynamic between two distinct entities: the judicial authority, tasked with safeguarding the rights of individuals and serving as a mechanism for upholding the public interest through the attainment of justice and equality; and the Ministry of Justice, historically involved, as per previous laws, in the affairs of the judicial authority. This examination extends to the legislative frameworks established by prior constitutions and legal systems in countries like Iraq, Egypt, and Morocco. In this study, we scrutinize constitutional and legal intricacies, exploring how various countries, such as Egypt, Morocco, Iraq, and other Arab and non-Arab countries, have embraced democratic principles that counter systems concentrating power in the hands of a single individual, as such systems fulfill the overarching objectives of legal frameworks—justice and equality—through ratification of constitutional laws in countries. We approach these themes analytically, with a focus on examining the legal and constitutional provisions of Iraq, Egypt, and Morocco.

A half-decade of Naser al-Din Shah Qajar’s era was profoundly significant for commitment to law and the emergence of modern legal institutions. These institutions, particularly the "rule of law," played a pivotal role in the rise of demands for a constitution, its legislation, and the establishment of a modern legal system. Mirza Hosein Khan Sepahsalar, a prominent political figure of this era, made significant contributions to the establishment of modern public law institutions. The central inquiry of this research is: What was Mirza Hosein Khan Sepahsalar's vision in creating these institutions? This study employs a descriptive-analytical approach to explore one of the most crucial topics in the history of public law: the evolutionary trajectory of the rule of law and its associated systems. The key finding of this research is that Mirza Sepahsalar is regarded as the pioneer in recognizing the importance of institutionalizing the rule of law and one of the earliest architects of public law in Iran. He stands unmatched in laying the groundwork for the rule of law by defining rulers' conduct through legal frameworks in the history of Iranian public law.

After the two revolutions, faith and ideology assumed positions, whether negative or positive, influenced by various factors. This research posits that the political-legal landscapes in the Islamic Republic of Iran and the secular French Republic are shaped and polarized by religious knowledge. The hypothesis advanced in this study is that the two revolutions, occurring in 1789 and 1979 respectively, one contrary to religion and the other compatible with it, had a significant and comparable impact on public law. Within this realm, understanding the polarizing role of governmental legal obligations in either reinforcing or diminishing the burden on a loyal citizen helps elucidate the boundaries of this effect.

AbstractThe study aimed to identify the most important basic and administrative institutions in Jordan, to define its political concept in its theoretical framework and its importance in Jordan, and to identify the interactive role in Jordan, while highlighting its impact on the channels of political participation in Jordan. The study relied on the analytical and historical descriptive approach, by collecting information, facts and political facts about the most important basic and administrative institutions in the Hashemite Kingdom of Jordan and arranging them from their primary and secondary sources through official documents and published literature, and then analyzing and interpreting those facts and information to be a basis for understanding the problems in a logical way. Analyzing and interpreting them with the aim of understanding current conditions and planning for the future. Jordan (The Hashemite Kingdom of Jordan) is an Arab country located in southwest Asia, in the middle of the Middle East, located in the southern part of the Levant region, and the northern part of the Arabian Peninsula region. It is bordered by Syria to the north, Palestine to the west, Iraq to the east, and Saudi Arabia to the east and south. It also overlooks

The judiciary settles disputes between litigants, rendering rulings that either prove the plaintiff's claim or find no right for them against the defendant. Unlike a fatwa, which offers general rulings in Islamic law, the judiciary addresses specific external issues that spark arguments and quarrels. For example, a judge might rule that certain money belongs to Zaid, or that a particular woman is the wife of so-and-so. These rulings are binding for all parties involved, even if one or both of the litigants are mujtahids. Disputes may arise due to differences in fatwas, such as when heirs contest lands or a wife and child claim inheritance while others challenge their rights. In such cases, the judge's ruling takes precedence, even if it contradicts the fatwa cited by one of the disputants. The judge undertakes various matters to deliver a verdict, including prosecuting the accused, gathering evidence from confessions and testimonies, and other steps essential for uncovering the truth, detailed in their respective contexts. This process also involves ruling on determinate punishments (ḥudūd) and discretionary penalties (taʿzīrāt), as well as executing or suspending sentences within the court's authority. Additionally, the judiciary handles financial matters like endowments, distraint, guardianship of absentees and minors in overseeing their property and coordinating their affairs, each detailed in their appropriate sections.

One major issue concerning the history of the Ahl-e Haqq sect, or Yarsanism, is its religious origin. Various hypotheses have been proposed, including its origination in ancient Iranian religions, Christianity, Hinduism, and (Shiite or Ismaili) Islam. Some scholars of Ahl-e Haqq have suggested that this religion is eternal. This article addresses the following question: How can these diverse views lead to the truth? Using descriptive-library methods and extensive field studies, the article critiques and examines different hypotheses before proposing a new perspective: the historical core of Ahl-e Haqq was shaped by a group of prominent mystics from various sects and creeds who practiced unique rituals in the Perdivar area. Importantly, the diverse intellectual and cultural backgrounds within Ahl-e Haqq do not justify attributing its entire origin to a specific sect or approach. Cultural exchanges and mutual influences are present in all intellectual traditions. Due to the intellectual and doctrinal backgrounds, as well as myths rooted in ancient Iran, many figures within Yarsanism can only be traced in historical sources by comparing events and figures with Ahl-e Haqq myths and legends

Reason is a defining characteristic of humanity, distinguishing people from other creatures and earning them the title of the noblest of beings. Some philosophers and mystics argue that reason conflicts with actions that lack concrete material benefits, while others view it, alongside Sharia, as a criterion for truth and revelation. Sanāʾī, a prominent mystic of the sixth century AH, explores the role of reason in his renowned work Sayr al-ʿibād ilā al-maʿād, depicting its place within the stages of spiritual journey. Employing a descriptive-analytic method, this research examines Sanāʾī’s portrayal of reason. The book occasionally presents reason as unknowable, with the rational soul, depicted as the master and leader of spiritual wayfaring, requesting to introduce itself. It reveals itself as a child of Universal Reason, the first creature of God, urging Sanāʾī to transcend animal nature and ascend from the bestial world to the angelic realm. Ultimately, in this work, love is depicted as Sanāʾī’s constant companion, though subordinate to reason. It can be inferred that reason, after a journey of transformation, evolves into love.

In their sermons, Jesus Christ and the apostles often cited material from the Old Testament, aiming to convince the Jews that Jesus was the fulfillment of its prophecies. References to the Old Testament are numerous in the Gospels and other New Testament texts, but identifying their exact sources can be challenging. Some citations do not appear in the Old Testament at all, while others are cited differently, showing no clear match between the citation and the source. This discrepancy has sparked a significant debate between Christian exegetes and Bible critics. Critics argue that these differences indicate distortions within the Two Testaments, while Christian scholars seek to explain these discrepancies and defend the accuracy of the New Testament’s references to the Old Testament. However, critics often reject these explanations. This article scrutinizes these references and examines the responses from Christian theologians. The central question of this research is whether all of the New Testament’s references to the Old Testament can be found in the current version of the Old Testament. The research method is library-descriptive.

A prominent view on the semantics of ambiguous words in the Quran is the spirit of meaning theory. Initially proposed by al-Ghazālī, this theory was further defended by intellectuals such as Mullā Ṣadrā, al-Fayḍ al-Kāshānī, Imam Khomeini, and ʿAllāma Ṭabāṭabāʾī. Javadi Amoli’s works pay particular attention to this theory, applying a set of Quranic and exegetical principles to both ambiguous and unambiguous words. This article seeks to uncover the Quranic foundations of the spirit of meaning theory and analyze its implications for understanding Quranic words based on Javadi Amoli’s principles. Key principles explored include the manifestation of Quranic revelation, its gradation, universality, and perpetuity. The article examines the theory's implications in areas such as graded understanding, exegetical interpretation, applied understanding, and the rejection of figurative or metaphorical explanations of God's transmitted attributes. Using a descriptive-analytic approach, the article concludes that this theory plays a crucial role in achieving a deeper and more accurate understanding of the Quran compared to rival theories.

In Zoroastrian scriptures, the transfer of the divine (īzadī) farrah from one king to another created a chain of farrah-holding humans who, through this farrah, undertook the guardianship of the people, the administration of their affairs, and the establishment of light throughout the universe. When Muslims conquered Iran, the divine farrah retained its discursive formulation but found new expressions in various texts. In Ismailism, given the unique temporal and spatial circumstances, a chain of perfect humans emerged with responsibilities similar to those of farrah-holding humans, namely protecting people against misguidance. Considering the theological elements in the discourse of divine farrah—where rulers, confirmed by Ahura Mazda, exercised a kind of guardianship (wilāya) and ritualistic character, transferring Ahura Mazda’s grace to the people—this issue represents a major commonality between the farrah discourse and the concepts of guardianship and perfect humans in Islamic literature. Thus, there was a gradual conceptual development of the theory of guardianship and the perfect human, connecting the ancient Persian (Khusruwānī) wisdom and Iranian mystics up to the seventh century AH regarding political rule in Iran. Using the comparative method, this article analyzes the Iranian and Islamic religious-mystical strands to unveil their similarities and differences

A significant issue in both Shiite and Sunni jurisprudence is whether legal actions, such as transactions involving property (e.g., sale and purchase), conducted by discerning minors (al-ṣaghīr al-mumayyiz) are valid and enforceable. Some scholars argue that such transactions are valid under certain conditions, while others contend that the legal actions of discerning minors are invalid and unenforceable. Given the explicit texts from Quranic verses and hadiths, and the lack of consensus over invalidity, it is not justifiable to categorically dismiss the validity of minors' transactions. In this article, we argue for the validity of transactions conducted by discerning minors based on the Quranic verse of "ibtilāʾ" (testing). According to the evidence, the verse suggests that cognitive maturity alone is sufficient for minors to engage in legal transactions, and that puberty is merely an indicator of such cognitive development rather than a prerequisite. Therefore, minors do not need to have reached puberty to engage in legal transactions. Furthermore, the notion of discerning minors as interdicted individuals is based on the concept of wardship. With the ward's consent, such interdiction can be lifted, and their transactions can be deemed valid. This article supports the validity of transactions conducted by discerning minors.

War and peace are fundamental concepts within human society that have long captured the interest of scholars and thinkers. Numerous definitions of these concepts exist, but religious perspectives hold particular significance as they can guide the behavior of believers. This article analyzes the logic behind the verses on war and peace in the Quran and the Old Testament, using theoretical and library-based methods to explore the subject. The primary objective of this research is to elucidate the rationale behind the verses on war and peace in the Quran and the Bible. Findings suggest that the Ten Commandments in the Bible, particularly the commandment against murder, hold fundamental significance and closely align with Quranic teachings. Additionally, the Quranic verses emphasize the importance of avoiding conflict and maintaining peace. Further analysis reveals that other parts of the Old Testament present a different perspective on war and peace compared to the Ten Commandments, and this perspective also diverges from the logic found in the Quran. Overall, it can be said that the war verses in the Old Testament tend to be more violent, absolute, and at times, perceived as immoral, with peace often aligned with the interests of the Jewish people. In contrast, the Quran emphasizes war as a means of defensive preparation and deterrence to prevent enemies from initiating conflict against Muslims, with an overarching priority on maintaining peace.

The issue of esotericism (adherence to esoteric interpretations of religious texts or taʾwīl) versus literalism (or Zahirism, which is the strict adherence to the literal meanings of religious texts) has long been a subject of debate among various Islamic schools of thought. This debate has led to significant disagreements and objections among scholars. These disputes arise from differing interpretations of the term “taʾwīl” (interpretation) as used in the Quran and other sources, concerning whether it is synonymous, distinct, related, unrelated, or identical in meaning. Without addressing this question, it is challenging to provide a comprehensive analysis of the concept of “interpretation,” which has contributed to divisions among theological and philosophical schools. This article uses an analytic-descriptive approach to contextualize the issue of “taʾwīl” within the relevant disciplines and to clarify the semantic network of the term against its related concepts. It argues that “taʾwīl” refers to a type of interpretation derived from the context of the speech and its implicatures—meaning what is implied by the speech rather than its literal meaning. Therefore, the term “taʾwīl” encompasses both literal and implied meanings.
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Numerous literary and social research studies explore the theme of homeland attachment and the emotional connections Persian poets have with their native lands. Saadi and Hafez, two eminent Persian poets, often express their fervent love for their hometown of Shiraz, reflecting their deep longing for it. In contrast, while Rumi does not focus extensively on his earthly hometown, he demonstrates a form of attachment to Khorasan through his significant spiritual works in Persian. This article presents, for the first time, a comparative evaluation of homeland love in the poems of Saadi and Hafez, highlighting their emotional connection to Shiraz, and contrasts this with Rumi’s perspective. It examines the relationship between earthly and mystical (spiritual) homelands in their poetry. By tracing expressions of homeland love in the works of these three poets and exploring their life stories in relation to both earthly and mystical concepts of homeland, this research employs evaluative inquiry to offer new insights into their perspectives on homeland attachment.
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One of the central doctrines of Buddhism is “anattā” or “non-self,” which serves as a key critique of the Hindu intellectual system. From this perspective, there is no independent self; instead, what we consider the self is made up of five aggregates. In fact, a person's nature is based on the idea that the “individual” is a constantly changing combination of these five skandhas. According to Buddha, the focus should not be on existence itself, but on the manifestations or phenomena that arise from existence. This concept of self is also referred to as the “process self,” meaning a self constructed from a series of ongoing, interdependent processes that are not fundamentally different from other constantly changing processes. Additionally, according to the middle path doctrine, “non-self” is seen as something between the extremes of being and non-being—neither an absolute being nor an absolute non-being. Therefore, it can be said that Buddha did not advocate for the complete negation of the self, but rather for a different kind of existence, that of the “non-self.” This article employs a descriptive-analytic method and draws on the teachings attributed to Buddha in the “three baskets” rather than later Buddhist literature to analyze and explain the concept of “non-self.”

The Cult of Mithras (Mihr) is an ancient religion that originated in Iran. Evidence of this cult's presence can be found across its historical realm, from east to west. Over the past two decades, scholars from various fields have focused on this cult. Due to the lack of documented sources and conclusive empirical evidence, researchers have proposed different hypotheses about the cult's origins and its spread to other regions, each meriting investigation. This article examines these hypotheses alongside the existing evidence related to the Cult of Mithras. Understanding the origin of this cult is crucial for revealing the roots of Western Mithraism, which is undoubtedly connected to its Eastern counterpart. To achieve this, we consider three types of evidence: historical, archaeological, and theoretical. By analyzing these sources, we can trace the origin of the Cult of Mithras to Indo-European ethnicities in eastern antiquity. These groups, after merging with Persian culture, moved westward, forming a religious bricolage. Along the way, they absorbed various cultural influences, eventually developing into the recognized form of Western Mithraism.

A central theme in the typology of traditional Islam is its treatment of constant and variable elements within the religion. Given that Sharia laws possess intrinsic advantages and disadvantages in various actions, and considering the significant influence of temporal and spatial contexts on these elements, a secondary question arises: What is the scope and boundary of constant and variable rulings in traditional Islam? Can distinct domains be identified for constant and variable elements, and are specific boundaries discernible between them? How much variation can constants accommodate? This research aims to assess the Prophetic hadith, “Muḥammad’s halal is halal forever until the Day of Resurrection,” and its implications by examining the approaches of three traditional groups using a descriptive-analytic method. The study reveals that the traditional conservative group tends to uphold a rigid view of constant elements and a more flexible view of variable elements. In contrast, the traditional teleological group, with its broader perspective on variable elements, supports a more flexible approach to constants and an expansion of variables. These differing perspectives offer new insights into how Islam can proactively address contemporary challenges and modernity.

Śaivism, or Shaivism, is a branch of Hinduism with roots tracing back to ancient India. This religion notably developed and expanded under the influence of mystics known as Nāyanmārs in southern India. This period marks a significant turning point for Shaivism. Many foundational theological and philosophical concepts of Shaivism can be traced to the humns left by the Nāyanmārs, including their ideas on divinity and God. Despite extensive research, little is known about the concept of divinity and related issues in Hinduism. Therefore, this article aims to investigate the hymns of these saints, exploring their perspectives on the concept of God, God's anthropomorphic and apophatic attributes, monotheism, the eternity of God, and God's grace. Through an analysis of these hymns, we delve into these issues.