جستجوی مقالات مرتبط با کلیدواژه « فقیهان شیعه » 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.

political oust and protest are types of opposition and struggle against the established political system. In the first one, the dissident chooses isolation and seclusion and seeks to weaken the ruling political system by non-participation and political silence. In political protest, opposition is expressed by action with the intention of endamage the political system. Examining the jurisprudential point of view of Shia jurists - especially Moḥaqeq Nāini- regarding the jurisprudential rule of political oust and protest is the problem of the present research.This article through descriptive – analytical way and library information says that the Shia jurisprudents until the constitutional movement have made a distinction between the just rulers and cruel ones in the issue of political protest and oust. Although the Shia jurists theoretically consider political protest and oust towards cruel ruler to be justified; But their practical way has focused more on political oust. They have not mentioned political oust in relation to just rulers; At the same time, they considered the political protest unjustified. In addition to the fact that Nāini clearly considers political oust as a kind of struggle against the established government; He has also included political protest in his jurisprudential thought. From some of Naini's jurisprudential opinions, it can be concluded that he confused the issue of "Advice to the Muslims" with political protest, and as a result, he considered political protest justified even against a just ruler, while the subject of political protest - in the sense that was expressed - is the cruel ruler.

Analysis of Sheikh Mofid's views on the works of Shiite narrators, especially Sheikh Saduq, is the main subject of this article. The author, considering the difference between the method of work and the audience of the two groups of Shiite scholars, enumerates five points for the method of the narrators that the works of theologians and jurists differ from the narrators in these respects. The main sources of the article are the works of Sheikh Mofid.

One of the important features of science in the Islamic thought is its utility. This feature, originated from the Quranic verses and the traditions, has affected all the elements and kingpins of the science in the realm of the Islamic civilization. Variety of educational environments, ease of the formation of educational environment, placement of the schools in the crowded parts of the cities such as bazaar and access to scholars are among the consequences of this feature of science. The religious scholars’ attention to the society’s needs and making their scientific reservoir in accordance with social behavior in their own arrangements with people and the elite groups and the authorities or even accepting political positions by them can all be put in this framework. Scientism of the Shiite jurists in the 7th and 8th centuries in the territories of Iraq and Iran shows that those jurists have followed populism in domains such as conventionality in issuing fatwas, paying attention to the wishes of the Shiites in various regions, paying heed to the scientific wants of the non-Muslims, writing suffrages, and writing biographies of martyrs.