جستجوی مقالات مرتبط با کلیدواژه "ادله فقهی" در نشریات گروه "فقه و حقوق"

One of the marriage laws in Islamic jurisprudence pertains to the compatibility of the spouses' religious beliefs. In accordance with this principle, esteemed jurists do not deem a permanent marriage between a Muslim and the People of the Book, or a permanent or temporary marriage with an unbeliever, as permissible. The central inquiry of this research is: "If an individual from the People of the Book or an unbeliever embraces Islam, is their existing marriage still valid, or are they required to separate from their spouse?" While contemporary jurists advocate for the continuity of marriage with People of the Book, they endorse separation in the case of an unbeliever. Through the conducted analyses, an alternative perspective of significance emerges. This study, employing a descriptive-analytical approach and drawing upon evidence, interpretation of narrations, and the viewpoints of ancient scholars, explores innovations in this matter. The research findings demonstrate a preference for the selected perspective over the prevailing contemporary fatwa, as it aligns more closely with the language of the narrations. Although Iranian laws do not explicitly address this issue, Article 167 of the Constitution mandates reference to valid jurisprudential opinions from qualified jurists. It is evident that, relying on authoritative jurisprudential sources or fatwas endorsing the continuation of marriage between a Muslim woman and a person of the People of the Book or an unbeliever, there will be no legal or jurisprudential obstacle to this viewpoint.

One of the most heinous atrocities some people have committed against their fellow Muslims is the assassination of Muslims. This article discusses the Shi'a and Hanafi jurisprudence through a library and documentary method, which results in: The Shiites and the guile of the laws of moharebeh can be applied to the issue of terrorism in the present age. The verses 33 and 34 of Surah Ma'eda are the most explicit verse of the Holy Quran regarding the fight against terrorism, which the Shiite jurisprudent has used as a prohibition against jihad and jihad. That this theory is in line with the theory of jurisprudence. Investigating the Jurisprudential Basis of the Assassination of Muslims from the perspective of jurisprudential jurisprudence indicates that terrorist acts are blameworthy and criminal behavior, because what stands out in jihad is fighting the war and adhering to its rules, not killing or killing innocent people. Take the assets, surprisingly. In jurisprudence, however, it is not a clear title for a terrorist act, although it is more consistent with moharebeh and rhetoric on the basis of the type and outcome of the behavior.

"Money laundering" refers to fraudulent transfers that make illegitimate and illegal income appear legitimate in order to avoid detection and confiscation. The range of crimes of this complex and organized phenomenon is usually national and international, which has negative effects in various dimensions of society. The Islamic government, in line with the economic education of the society, needs special measures to fight this crime at the national, regional and international levels. This research, in a descriptive-analytical way, follows the obligation of the Islamic government to remove the effects, damages and negative consequences of money laundering in the direction of the economic education of the society. Since money laundering leads to profiting from illegal incomes and leaves a lot of economic, social, political and security effects and damages in the Islamic society, this research is based on the evidences and popular rules: "La Zarar: no harm ". Preservation of the system", "sanctity of system disruption", the requirements of the provisions of Malik Ashtar's covenant, the requirements of the Mustafizah narration " کلکم راع و کلکم مسوول عن رعیته " as well as intellectual and narrative-  The book “Quran” and  traditions “Sunnah”, as well as the rational and legitimate way of life and the principle of  'Iad Motaqeba guarantee", emphasizes the obligation of the Islamic government in the direction of the economic education of the society to deal comprehensively with the manifestations and examples of money laundering.

The issues of urban and urbanization jurisprudence are new and challenging in the field of jurisprudence. The rapid development of cities and urban communities, the growth of the quantitative and qualitative level of urban life, and consequently facing new topics that are intertwined with urban life advocates jurisprudence in order to respond to the questions and issues of urbanization in accordance with the new issues and needs of urban dwellers in the construction of jurisprudence and sharīʻah. The place of memories in urban society in terms of identity and economy and their effective role is one of the urban issues that can be addressed. On the other hand, taking care of these places requires the enactment of laws that sometimes conflict with the individual jurisprudence of the citizens. Also, spending money from the public treasury to maintain these places, which are sometimes related to non-Islamic historical and civilizational periods, is itself questionable regarding the issue of whether it is legitimate to spend public funds to maintain these places or not. The jurisprudential view of this issue is very important in the Islamic urban society and the correct analysis of the jurisprudential principles can be the solution and response to many challenges, conflicts and questions in this field. This study uses a jurisprudential analysis from the perspective of evidence to prove the need to maintain the place of memories in urban communities.

Warlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psychologically and medically able to bear the punishment, so it remains to be seen whether, given the importance and severity of these two crimes, mental, psychological and medical disabilities can to be considered as just agents of punishment? This fundamental question provides the basis for independent research. Well-known jurists do not consider Muscat as a punishment for some mental illnesses such as insanity. However, the well-known arguments in this regard seem to be insufficient and are in conflict with some other arguments. Despite the innovation, the Islamic Penal Code and the Code of Criminal Procedure also have shortcomings. Therefore, the research hypothesis is that psychological problems, including insanity, which are confirmed by specialized doctors, can be the cause of the fall or conversion of the perpetrators of warlords and corruption on earth. The research method is descriptive-analytical using library resources.

Despite the prohibition of the production,use of nuclear weaponsin international law,Imamiyyah jurisprudence is also forbiddenit. Because it is a serious threat to humanity. The preservationof human life is one of the most important cases that the legislatorhas paid attention it,believes using any weapon that endangersinnocent people,will lead to mass destruction,is forbidden.The Supreme Leader,as the greatest leader in the Islamicworld,prohibiting the production,use of nuclear weapons haveopened a new chapter in the field of jurisprudence. Thus,given theemergence of WMDs,and especially nuclear weapons,the only wayto get a verdict for this type of weapon,it must be matched withthe weapons of the Imams (AS) era. Therefore,the main questionof the study is whether the Supreme Leader’s fatwa against the developmentof nuclear weapons has a religious basis or it is merely agovernment decree which is issued on the basis of Taqiyyah? DoesShia jurisprudence sources approve it? We assume that basis of theSupreme Leader’s fatwa comes from explicitly accepted Islamic,Shiite principles not politically,expediently,or based on taqiyyah.The Shi’a jurisprudential principles adhere to the prohibition of producingand using nuclear weapons.So,This fatwa is not a governmentdecree that governor has ruled for expediency.

Civil law has known each of the rescissions transferable to heir after the death of praepositus. This opinion has been attributed to jurisconsult's consensus but recent research will show that claim of being consentant of this judgement conflicts with disagreement of well-known jurisconsults in rescission of inheritance 1.Husband for wife, 2.Condition for alien, 3.primogeniture for except of big son, 4.session of sale with death of one of the parties of contract. Since the main way of validity and nullity deliberation of juridical issue is studying itsevidence so it should be studied juridical scope of evidence in inheritance option so that standpoint of twelve shiite muslims law acquires and presents from evidence in it. Recent article wants to do this and it has done it with the method of inference from valid sources of twelve shiite Muslims law and on the strength of library method. This subject-matter is important finding of this research.