جستجوی مقالات مرتبط با کلیدواژه « فقهی » در نشریات گروه « علوم انسانی »

According to a narration of the Holy Prophet and the consensus of the jurists of the two major denominations (of Shi’a and Sunni), "gharar" (risk-taking) is known as one of the reasons for the invalidity of transactions. But what is the nature of gharar?
Despite its importance, there are few researchers who have studied its truth and definition; This research has tried to determine the nature of gharar by gathering different views on the definition of gharar and providing a detailed analysis of its application in jurisprudence. This research has been able to compile the sayings of the jurists in description of gharar and by providing an analysis of its application in jurisprudence, to determine the genus and nature differentia of gharar, "sale", "barters" (mu’āwiḍāt), as well as the point of view of jurists about the differentia of gharar in cases such as "impossibility to measure" or "non-safety of annihilation before deliverance" or "leading to the conflict" or "complicated and confused things" or "having risk" or "Something that its attainment is unknown" or "something that its access or its amount is unknown" or " deserving to be avoided by custom" or "its attainment being unknown". From the point of view of this research the jurisprudential definition of gharar according to the practical method of jurists is as follows: "Every exchange and anything related to it in which the existence, occurrence or value of one of the two substitutes is unknown." The result of this research will be used in the more precise implementation of the rule in jurisprudence issues and will be cited as a dynamic rule.

Islamic heritage reflects the teachings of the Holy Prophet Mohammad in biography (Syrah) and narrative books. One of the most prominent Sunni narrative references which reflected the holy prophet's teachings is Bokhari's Sahih (translation: credible). Bokhari has attributed a considerable number of narrations regarding Fiqh and faith to the Holy Prophet in this book. Hence, the goal of this study is to evaluate Bokhari's narrations about Islamic beliefs and Fiqh in this book. The importance and necessity of such a study increase considering the credibility of Bokhari's Sahih amongst the Sunnis as the most credible and reliable book after the Quran. This study examines Bokhari's historiography considering the deeds and actions he attributed to the holy prophet regarding Islamic Fiqh and Faith through library research and the descriptive-analytical method. Based on the findings, the narrators and the implications of Bukhari's hadiths and the predicates presented therein, their conflicts with other predicates recited by him, other historical reports, Quran, and other widely accepted beliefs of the Muslims bring his historiography into question. We demonstrated our evaluation by examining Bukhari's Fiqh and faith narrations containing notions such as the holy prophet deeming idles sacred before his prophecy, doubting his prophecy, learning about the Judgment day's events from the Jews, being influenced by the Jews in fasting in the Ashoora day (10th of Moharram), and not observing the Islamic rulings and laws.

According to the Holy Quran, God has set his Prophet an excellent role model, so Islamic scholars have tried to record narrative predicates about the teachings of the Holy Prophet (peace be upon him). One of the most prominent narration references of the Sunnis that has recorded the Holy Prophet's teachings is Sahih (of) Bukhari. Since there are so many interactions in the realm of Beliefs and Fiqh attributed to the Holy Prophet (peace be upon him) by Bukhari in this book, this study aims to assess and evaluate his narrations about Islamic beliefs and Fiqh as recorded and reported in this book, based on the methodological criticism of historiography. This issue is of paramount importance considering the position of Sahih Bukhari amongst Sunnis as the most reliable and credible book after the Holy Quran since it is one of the oldest inclusive narration books (a.k.a. Jawami) of Sunnis and one of their primary references. The vast number of narrations recorded and the inclusiveness of the subjects make this even more paramount. None of the studies done on the subject of Sahih Bukhari have ever criticized Bukhari's historiography or reviewed the narrations attributed to the Holy Prophet (peace be upon him) using a historical method.  

Using the library research approach and descriptive analysis, this study tries to assess and evaluate the quality of Bukhari's historiography considering the actions and interactions he has attributed to the Holy Prophet (peace be upon him) regarding the realm of Islamic beliefs and Fiqh.
The present study evaluates ten samples chosen from historical predicates mentioned in Sahih Bukhari, projecting an overall image of his historiography. 

This study concludes that Bukhari's approach is narrative historiography, one of the oldest and most prominent manners for recording history. Bukhari has mentioned various narrations regarding historical events and news using this method. There are different reasons to believe that Bukhari has chosen his narrations and narrators selectively and biased and has presented a false picture of the Holy Prophet's (peace be upon him) beliefs and Fiqh teachings.The findings of this study regarding the contents of Sahih Bukhari show that the book focused on the subjects of beliefs, Fiqh, history, ethics, and interpretation (of the Holy Quran), and Bukhari has narrated parts of the Holy Prophet's (peace be upon him) sayings using the ascribing method. In this study, the faith narrations are about the Holy Prophet's (peace be upon him) activities before his Prophecy when facing idles and afterward regarding His Prophecy and when facing the Jews.Eventually, Bukhari's performance regarding the belief narrations focused on his reports about the pre-prophecy period of Prophet Muhammad's (peace be upon him) life, the beginning of his Prophecy, and during it. Bukhari attributes admiring idles and offering sacrifices for them before prophecy to his Holiness. The portion of Sahih is dedicated to the pre-prophecy period and the beginning of the prophecy is relatively modest. Narrations mainly focused on the description and interpretation of the Prophet's teachings during his Prophecy, the inclusiveness of which in the realm of beliefs and Fiqh is abundantly clear. Based on the narrations mentioned by Bukhari, we could point to predicates such as Jews influencing his Holiness and their command over his Holiness, the Jews bewitching his Holiness, and his holiness' admitting that prophets before him were superior to him.The findings of this study about authenticity show that some narrators of historical reports in Sahih Bukhari were related to Jewish scholars and their reported narrations. In some cases, the nature of the relationships persuaded them to recite Ka’b al-Ahbar's sayings instead of those of the Holy Prophet’s (peace be upon him). One of those narrators reported even ‘Isra'iliyyat’ and was well known for it. As for content, there are some discrepancies between reports of Bukhari and those of other historical narrations or other historical events. Some of the historical predicates presented by Bukhari are in conflict with the Holy Quran or even common sense, all of which take the author to believe that Bukhari’s account of the Holy Prophet’s (peace be upon him) beliefs and Fiqh issues is incorrect.

According to most experts of the environment, a major part of the environmental crisis in Iran is due to the failure of some environmental laws and regulations, which has created a conflict of interest in the implementation of environmental laws and regulations. In the meantime, in the light of the content of Article 2 of the Environmental Protection Law, some government organizations are considered as one of the main interested parties in the conflict of interests in the implementation of environmental protection laws against the national interests of the country since they are themselves in charge of environmental protection and are permanent members of the High Council for Environmental Protection and are the highest oversight and decision-making authority as well as the undisputed power of policy-making in all aspects of environmental affairs. In this descriptive-analytical study, the most appropriate, least costly and fastest solution for this crisis, which is caused by the failure of some formal environmental laws, is examined, including Article 2, which has provided the basis for selective and discriminatory implementation of laws and regulations. Thus, according to the jurisprudential rule of "La Zarar (no harm)", which is also the content of Article 40 of the Constitution, by reviewing the content of Article 2 of the Law on Environmental Protection, the position of the Supreme Council for Environmental Protection has been upgraded from an internal administrative council to a supranational council. The result is the elimination of conflicts of interest in the implementation of environmental laws and regulations and the proper management of the environmental crisis in the country.

Islamic heritage reflects the teachings of the Holy Prophet Mohammad in biography (Syrah) and narrative books. One of the most prominent Sunni narrative references which reflected the holy prophet's teachings is Bokhari's Sahih (translation: credible). Bokhari has attributed a considerable number of narrations regarding Fiqh and faith to the Holy Prophet in this book. Hence, the goal of this study is to evaluate Bokhari's narrations about Islamic beliefs and Fiqh in this book. The importance and necessity of such a study increase considering the credibility of Bokhari's Sahih amongst the Sunnis as the most credible and reliable book after the Quran. This study examines Bokhari's historiography considering the deeds and actions he attributed to the holy prophet regarding Islamic Fiqh and Faith through library research and the descriptive-analytical method. Based on the findings, the narrators and the implications of Bukhari's hadiths and the predicates presented therein, their conflicts with other predicates recited by him, other historical reports, Quran, and other widely accepted beliefs of the Muslims bring his historiography into question. We demonstrated our evaluation by examining Bukhari's Fiqh and faith narrations containing notions such as the holy prophet deeming idles sacred before his prophecy, doubting his prophecy, learning about the Judgment day's events from the Jews, being influenced by the Jews in fasting in the Ashoora day (10th of Moharram), and not observing the Islamic rulings and laws.

According to the Holy Quran, God has set his Prophet an excellent role model, so Islamic scholars have tried to record narrative predicates about the teachings of the Holy Prophet (peace be upon him). One of the most prominent narration references of the Sunnis that has recorded the Holy Prophet's teachings is Sahih (of) Bukhari. Since there are so many interactions in the realm of Beliefs and Fiqh attributed to the Holy Prophet (peace be upon him) by Bukhari in this book, this study aims to assess and evaluate his narrations about Islamic beliefs and Fiqh as recorded and reported in this book, based on the methodological criticism of historiography. This issue is of paramount importance considering the position of Sahih Bukhari amongst Sunnis as the most reliable and credible book after the Holy Quran since it is one of the oldest inclusive narration books (a.k.a. Jawami) of Sunnis and one of their primary references. The vast number of narrations recorded and the inclusiveness of the subjects make this even more paramount. None of the studies done on the subject of Sahih Bukhari have ever criticized Bukhari's historiography or reviewed the narrations attributed to the Holy Prophet (peace be upon him) using a historical method.

Using the library research approach and descriptive analysis, this study tries to assess and evaluate the quality of Bukhari's historiography considering the actions and interactions he has attributed to the Holy Prophet (peace be upon him) regarding the realm of Islamic beliefs and Fiqh. The present study evaluates ten samples chosen from historical predicates mentioned in Sahih Bukhari, projecting an overall image of his historiography. Discussion of Results and

This study concludes that Bukhari's approach is narrative historiography, one of the oldest and most prominent manners for recording history. Bukhari has mentioned various narrations regarding historical events and news using this method. There are different reasons to believe that Bukhari has chosen his narrations and narrators selectively and biased and has presented a false picture of the Holy Prophet's (peace be upon him) beliefs and Fiqh teachings. The findings of this study regarding the contents of Sahih Bukhari show that the book focused on the subjects of beliefs, Fiqh, history, ethics, and interpretation (of the Holy Quran), and Bukhari has narrated parts of the Holy Prophet's (peace be upon him) sayings using the ascribing method. In this study, the faith narrations are about the Holy Prophet's (peace be upon him) activities before his Prophecy when facing idles and afterward regarding His Prophecy and when facing the Jews. Eventually, Bukhari's performance regarding the belief narrations focused on his reports about the pre-prophecy period of Prophet Muhammad's (peace be upon him) life, the beginning of his Prophecy, and during it. Bukhari attributes admiring idles and offering sacrifices for them before prophecy to his Holiness. The portion of Sahih is dedicated to the pre-prophecy period and the beginning of the prophecy is relatively modest. Narrations mainly focused on the description and interpretation of the Prophet's teachings during his Prophecy, the inclusiveness of which in the realm of beliefs and Fiqh is abundantly clear. Based on the narrations mentioned by Bukhari, we could point to predicates such as Jews influencing his Holiness and their command over his Holiness, the Jews bewitching his Holiness, and his holiness' admitting that prophets before him were superior to him. The findings of this study about authenticity show that some narrators of historical reports in Sahih Bukhari were related to Jewish scholars and their reported narrations. In some cases, the nature of the relationships persuaded them to recite Ka’b al-Ahbar's sayings instead of those of the Holy Prophet’s (peace be upon him). One of those narrators reported even ‘Isra'iliyyat’ and was well known for it. As for content, there are some discrepancies between reports of Bukhari and those of other historical narrations or other historical events. Some of the historical predicates presented by Bukhari are in conflict with the Holy Quran or even common sense, all of which take the author to believe that Bukhari’s account of the Holy Prophet’s (peace be upon him) beliefs and Fiqh issues is incorrect.

The existence of women's hijab in front of non-mahram men is agreed upon by all Islamic religions. But its limits and size are discussed by jurists. Most jurists agree that the use of hidden ornaments for women in the presence of non-mahrams (both in public and in private) is forbidden and also in their view not only the use of tools such as necklaces, rings and Bracelets, which are traditionally called ornaments, are forbidden under the gaze of non-mahrams, but wearing clothes with impressive colors is also considered a kind of adornment, even if it covers the whole body. Islamic Penal Code: Anyone who publicly pretends to commit a forbidden act in public and in public places, in addition to the punishment of the act, shall be sentenced to imprisonment from ten days to two months or up to 74 lashes. It is not a punishment, but if he violates public decency, he will only be sentenced to imprisonment from ten days to two months or up to 74 lashes. Appear in public and in public, from imprisonment for ten days to two months or from pen Of course, according to Article 22 of the Islamic Penal Code, if the judge decides, he can turn the imprisonment and flogging of the accused into a fine.

One of the most important issues in any society goes back to the field of family. Throughout history, family as the most important and main social unit has always performed important duties towards society. For divorce is one of the components affecting family instability, its study is very significant. At the same time, the study of the family in today's societies shows that families face many challenges, including child abuse, spouse abuse, domestic violence, and the family disintegration phenomenon which are all some of the most important factors in the occurrence of social harms. Divorce is a social phenomenon for which several factors are involved including lack of mutual understanding of each other's behavior, not giving sexual submission, unemployment, addiction, etc. To reduce and prevent this social harm, Islamic jurisprudence and status law have provided solutions such as arbitration, mediation, peace and reconciliation, and advice, each of which in turn are effective in strengthening family ties. The present study presents the most important legal jurisprudential solutions, including arbitration and mediation, to prevent the social problem of divorce.

At the moment, Iran needs an urgent development of its infrastructure but the government's financial resources are not high enough to afford such expenses and on the other hand, the mismatch between the short-term resources of banks and long-term expenses of projects, has made it inappropriate to finance long-term needs through banks. In this regard using the private sector's resources through the capital market can be a good solution for this problem. The main objective of this research is to design and juridical study of Ju'alah securities to finance infrastructure road transport projects in capital market of Iran. By applying the Delphi method or experts survey, the juridical aspects of the newly designed Ju'alah securities to finance infrastructure road projects were studied and two operational model for it were approved by experts in which: (i) the contractor builds the project for certain amount of money that the government should pay. This model is suitable for Build, Transfer and Lease (BTL) contracts and alike, (ii) the contractor builds the project for the right to operate it for a specific time period. This model is suitable for Build, Operate and transfer (BOT) contracts and alike.

ccording to many proponents of restorative justice, mediation is the oldest and most effective method used today in many parts of the world and is different from other methods. In a sense, mediation can be considered the cornerstone and foundation of restorative justice. And in a desirable human society, to resolve conflicts and disputes as well as to respond to violations of norms, the use of non-judicial tools such as ethics and custom is more compatible with human dignity and appealing to them is a priority. Mediation between litigants) in legal litigation and criminal litigation have the aspect of copyright (and mediation between judge and criminal - or intercession) in criminal matters (two non-judicial solutions to settle litigation, as well as modern societies). They realize the importance of this resource and use it as a tool to resolve conflicts. The Islamic Criminal Law System, with its basic criminal policy principles, is considered as one of the advanced legal systems against criminal phenomenon and the way to respond to it. Therefore, the main issue under discussion is what is the position of the new discourse of restorative justice in the criminal law of Islamic jurisprudence, on how to respond to the consequences of crime? The main motive of this research is to open a new page. Regarding the applied structure, the theory of restorative justice in Islamic jurisprudence is based on studies conducted in authoritative jurisprudential sources and analytical descriptive methods. Finally, it should be added that the study of the principles and executive structure of a set of restorative jurisprudential institutions and rules Explaining the position of the theory of restorative justice in Islamic criminal jurisprudence is one of the most important notes Edges of this research are considered.

Barter contract is the method of conditional import of goods or services for exporting them and their exchange instead payment of foreign exchange. Based on new international trade agreements، barter agreements are not included in the jurisprudence discussion; however، there is the same legal entity for the nature and description of barter trade in jurisprudence and domestic law. This article، with study in same legal entity، also refers to the jurisprudence which justifies this problem and concludes that one of the contracts listed in article 10 of the civil code is sufficient for necessary and validity of the contracts. On the other hand، with regard to the nature of barter contracts، it can be referred that descriptions such as common purpose، a composite contract، necessity، unconditional and valuable consideration as the same descriptions in barter contracts.