جستجوی مقالات مرتبط با کلیدواژه « قواعد فقهیه » در نشریات گروه « فقه و حقوق »

The environment is a gift from God and has very positive effects on human life; the concern for environmental protection has led to the formulation of a legal system called "Environmental Law", which itself proves the necessity of research on this vital issue. It does not have the cultural and ideological perceptions of human societies, but simply and clearly, the rules and foundations, elements, and goals of such a system can be found in religions, beliefs, and divine and human cultures, especially the comprehensive and universal religion of Islam. From all the verses, hadith, rules, and foundations of Islamic jurisprudence, it is possible to propose the presumption that in this divine religion, the environment is considered one of the values that can be protected, and any action against the environment is limited unless it considered as a nessasery action. This research, which has been done based on descriptive-analytical methods and based on library sources, led to the conclusion that from the point of view of Islamic jurisprudence, to prove the necessity of preserving the environment, in addition to numerous verses and narrations regarding the preservation of some environmental components such as Water, soil, air, animals and plants and the wisdom can be referred to several jurisprudential rules such as the Lazarar, Ehteram, Etlaf, Edalat, and the Zemaneyad. This research is trying to investigate the main issue based on these rules.

voluntary interruption of obligatory (compulsory) prayers according to the well-known view of the jurists -rather their Ijmāʿ (consensus)- is forbidden. Sometimes ṣalāt (prayer) -in absolute terms- and sometimes obligatory ṣalāt (prayer) are the subject of ruling. In the meantime, issuance a fatwā to interrupt praying (ṣalāt) is permitted only if necessary. It has been cited to the Qur''an, news and the consensus of jurists to prove this ruling. It is necessary to evaluate the evidence of this rule due to the widespread and important nature of this secondary matter (subdivision, branch), which in a more general form has become a jurisprudential rule based on the prohibition of the annulment of worship duties (‘Ibadah worship, religious ritual practice), and also it is necessary to evaluate it due to the evidence of the consensus of jurists on this issue. All the documents of the mentioned consensus seem distorted based on the results of this research, which has been written in a descriptive-analytical method, and there is no reason for this rule -except the documented consensus of the jurists

Due to the secrecy and widespread criminal applications of Haarp technology, the criminal policy of governments in this regard has remained silent and has not been criminalized, but because these applications are more in line with the complete violation of human rights, accordingly criminalization. It will be of great importance to human societies. One of the ways in which governments can criminalize these practices is by invoking the rules of jurisprudence. The main purpose of this article is to investigate the criminalization of criminal applications of Haarp technology with reference to the rules of jurisprudence. The research method in this paper is descriptive and analytical and the data collection is library. The findings of the study indicate that criminalizing Haarp's criminal activities is the best way to prevent it, and because the holy Shari'a of Islam has rules and regulations for all actions, the legislature can rely on those rules to To criminalize it. The rules of no harm and no harm in Islam, negation of the mustache and rule of obligation to repel possible harm as the most important jurisprudential rules, can help governments to criminalize the criminal activities of this technology.

The Islamic legal rules are divided into two parts: “documentary to text (manṣūṣ)” and “adoption of texts (iṣṭiyādī)”. In the latter group there is no Qur’anic or narrative text that embraces all the provisions of the rule. Instead, jurisprudents have extracted them from a collection of verses and narratives, which they, as a whole, prove the provisions of the rule. The present study is aimed at investigating the compatibility of the Roman principle of good faith with Imamiyya jurisprudence and the feasibility of the extraction of good faith rule in Imamiyya jurisprudence. Some scholars, referring to some samples of the principle of good faith in the jurisprudence, especially in contracts, believe that this principle exists in jurisprudence. In this study, we critique this view and conclude that extraction of the principle as a general rule from the texts is not possible.

The religious jurisprudence laws are one of the issues of religious rules and principles which can be researched from two aspects: the first aspect is that the available laws should be restudied or some new rules should be researched and the second aspect is that from the outside viewpoint the religious jurisprudence law should be researched and the philosophy of the laws should be compiled. The important problem in the second aspect is which issues should be researched from the viewpoint. In this article, with an emphasis on the religious jurisprudence and rational theology sources and the use of their methods, the researcher has primarily tried to compile a set of the important issues of the philosophy of religious jurisprudence laws and according to the domain of the article he has secondarily made an effort to investigate the issues briefly and raise his proposed hypothesis on the issues and at the same time to prove the hypotheses with considering the conditions of content of the article.