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

Changes in human societies have created various needs that, if not met, would cause distress and constriction. Islamic jurisprudence has therefore paid special attention to meeting the needs of people. Throughout history, this effort is seen in all religious schools, despite differences in their attitudes. However, Sunni jurists have paid more attention to it than Shi'ites, and subsequently, it is more apparent in their fatwas and judicial decrees. One area of focus in meeting needs (ḥᾱjᾱt) is the substantiation of claims in general and the substantiation of crimes in particular. Using the library and analytical-descriptive method, this research proves that since proof is something that makes the truth obvious, seemingly through accepting indications as proof and the legitimacy of inferring religious laws based on the availability of needs, which has been a common way between early jurists in different jurisprudential matters, the possibility of extending it to criminal cases is valid as well, especially if the most proofs or the only ones are based on people's needs. Therefore, relying on needs for permitting the use of new strategies and methods of proving a crime, such as image, voice, and so forth, not only does not contradict the purposes of Shari'a, but is also compatible with actualization of justice. Obviously, in addition to utilizing traditional evidence, new cases have a complementary role, and if they are not available, they have a substitute role as required; also, they can be cited as legal reasons when there is no doubt in the authenticity of describing them to people.

Context in jurisprudence is one of the topics of debate. In this paper, an attempt has been made to investigate the effects and applications of context (Siyaq) in jurisprudence.

This paper applies a descriptive-analytical design using the library method.

Ethical considerations:

 In this article, the texts’ originality of, honesty and trustworthiness have been observed.

The Findings indicate that context is one of the important methods to discover the meanings of words, especially in the verses of the Qur'an. The words of the Qur'an alone and separately from the sentences and verses have a special meaning, but a same word gets a special meaning when it is placed in the form of sentences. Lack of attention to the meaning of a word in preceding and following phrases and sentences is like removing one of the letters of the word, which distorts the meaning. And it can be used as one of the important rules in the development of the inference of Sharia rulings.

Paying attention to context leads us to understand other meanings beyond words and phrases because context is to take help from all the evidence surrounded by the text to discover the purpose of the speaker. It is for this reason that the jurists have always paid attention to it in their understanding and inference, and have sought help from it in their jurisprudential perceptions in an affirmative or privative manner.

The fact that the men are in charge of women is expressed in ayah 34 of the surah An-Nisa by Allah. But it is controversial whether by rijal (men) and nisa (women) it is meant the gender of men and women or as to the context of the ayah it is only meant the husband and their wives. Naturally, according to the first possibility, it is more probable that the women can take charge of positions entailing guardianship. While, according to the second possibility, the content of the ayah is allocated to the family domain but not beyond that and its generalization of the content to non-family affairs needs some external efforts. The present article attempts to examine the single words (mofradat) of the ayah and to consider the context and the causations mentioned in the ayah in order to reach its confirmatory denotations and to examine and study those aspects by referring to which one can generalize the content of the ayah from family domain to all social aspects. It is worth noting that the present article considers only the abovementioned ayah which has been considered and discussed from the past. Naturally, the other ayahs of the Holy Quran and their related evidences need further discussion.

Context, which is the result of companionship and homogeneity of words and sentences, due to its capability to illustrate layers of sense in a vast space, unlike the meaning of word and sentence, becomes important. Such capability is caused by some evidences and circumstances surrounding the words and certain metaphorical communications, in addition to the characteristic of singulars and the arrangement thereof. A collection of these features and a combination of evidences leads to an appearance which is the origin of context and, in turn, it becomes a cause for realization of different types of contextual appearance including lexical and non-lexical, in addition to their subtypes. Such types are preceded by determination of the basis concerning limitation of the nature of context from the wideness and narrowness perspectives. Since the selected opinion in this regard is the inclusiveness of textual evidences in addition to verbal evidences in the field of context, the authors will consider different types of contextual appearance. The result of this typology may, in practice, help in the course of inference and prepare the ground for widening the meaning of precepts.

Context, as the mental framework and format of speech and the place where evidences are realized, plays a role in understanding the intention of speech and is arranged in the form of either previous or future attached and connected verbal evidences. Detached evidences are considered as attached evidences if applied in the speech of a speaker like the divine lawgiver whose habit is to apply evidences separately and rely on them; hence, attachment in his words constitutes detachment. Textual evidence, due to its closeness and connection to the speech, is considered as attached evidence; even one may say the former is of the latter’s type or identical to it. The intention and termination of the speech, although helpful as an essential element in this regard, lack the necessary capacity to be included into the definition, since they fail to cover all instances of context conveyance including instances not intended by the speaker such as implicit conveyance. In addition, a definition of context which does not include previous verbal evidences or contextual evidences is a strict definition which is in contrast with its wide cases of application. On the other hand, consideration of detached evidences in all speeches even in the divine lawgiver's is an extended and defective definition of context.

Applying legal texts of other countries in order to develop our law is vital and as a result, translating such texts is important. A correct and scientific translation must be done in accordance with some rules and principles. These principles are divided into two categories: general principles and particular principles. We could say a translation based on these principles is a ((meaning-based)) translation, which is kind of an ideal translation. A law professional translator should not only have sufficient lingual knowledge in both source and target languages, but also have sufficient mastery over legal knowledge in order to translate the general and technical words based on their context and the intended meaning based on such principles.

`Usuliyun (scholars of principles of jurisprudence)`s interpretations regarding the nature of the suitability context (qarineye monasebat) are different. They ultimately consider it as a customary context. However, a general common sense is not criterion.; but occasionally, the nature of a context depends on the common sense of the pious people (motesharre`a). `Usuliyiyun have applied suitability of context in order to prove an implication for any description(wasf), and for discussion of the derivation (moshtaq), as well as for eliminating ambiguity (ijmal) from the evidence and determining the collective duty (wajib kifayi). As for the proof of the multiplicity of desires, the proof of maintaining status que (istiṣḥab), the preference of one to another in the form of conflict (tazahum), eliminating a type ambiguity from the hadiths of rofe`a al-qalam and la zarar and some of inferred legal rules, the scholars have occasionally used that context. In all of these cases, authenticity of a context is based on refining the customary appearance. Many examples can be found that resolving religious problems ultimately depends on a kind of making customary appearance of legal texts. Because of breaking down absoluteness of an evidence and eliminating from it, being a context as a context of suitability has a basic role in the mentioned examples.

Article 37 (A) of Islamic Penal Code of the Islamic Republic of Iran (2013) referes to «one or two degrees of decrease in incarceration». The wording of the article makes two interpretations of the word «decrease» possible; according to the first interpretation، the word has a general meaning and contains both «reduction and substitution». The interpretation is based on three arguments، i. e. legislative intent، context (internal criminal co-text) and the rule of interpretation in favor of the accused. While criticizing the first interpretation، the present essay supports the second interpretation with reference to the semantic meaning، legislative history، purpose of legislation، and various contexts. According to the second interpretation، the word «decrease» in this article only means «reduction of the punishment»; hence، the substitution of another more proper punishment for incarceration will not be possible according to article 37 (A).

The main issue in the context of Pzhvhh explain and evaluate the application of a principled theory of Sheikh Ansari (1281 AH). He Fqaht accreditation process context، the proposition Drastnbat Sutra of religious and theological arguments and criticism Legal Decisions in principle is made ​​use of. Sheikh Ansari in the context of credit terms such as sutra clearly documented، does not conflict with the strong unity of descent. Context of words، sentences and verses from a variety of explanations and arguments in the context of the following verses of Sheikh Ansari is traceable Ahkam. Limiting the range of meaning، including explicit citations omitted and applications in the context of Sheikh Ansari is considered.