نشریه مطالعات تقریبی مذاهب اسلامی (فروغ وحدت)
پیاپی 51 (بهار و تابستان 1398)

This article studies the Criminal effects of committing theft by Juvenile and discusses the opinions of Islamic jurists including Imamis and Sunnis about execution of Hadd Islamic punishment of theft on underage people, the way of their punishment, the purpose of their punishment and its outcomes. The research findings are: 1) according to all jurists, if the underage person committed theft for the first time he will not be punished by Hadd. 2) If the crime repeats according to educational goals of Islam’s Criminal policy, the judge who is familiar with children’s issues and pedagogy should have full authority to choose the best way for punishing the child. Thus, the judge according to the expediency of the child and benefits of society and also due to prevent the repetition of theft can forgive underage person or use other methods including traditional methods.

The promise to sell the human body organs is a legal practice in which, a person, during his lifetime, promises to sell his body organs and receives a payment in accordance with the terms and conditions agreed upon. This paper, through attributive method, seeks to answer this question that “what is the decree of promising to sell the human body organs in the viewpoints of Shiite and Sunnite jurisprudents, and which solutions the advocates of prescribing this action should provide to the challenges ahead?” To answer this question, this paper examines the concept, context, and foundations of human ownership of organs and the promise to sell the human body organs, and then examines the opinions of jurisprudents to solve the objections raised by the opposition. Regarding the possibility of such transactions, some jurists have challenged the possibility of carrying out such obligatory acts such as organ transplantation, harassment, mutilation, and ultimately rejected such deals. In this paper, the opinions of Sunni jurisprudents have been accepted and solutions from the Sunni jurisprudents have been expressed to reject these challenges. As a general rule, promise to sell human body organs is permissible according to majority of jurisprudents of the Islamic denominations, but due to cases such as human dignity and the possibility of harmful injury, it is not possible to forcibly commit to fulfill the obligation in the event of violation of the provisions of the contract and it must inevitably be ordered to disengage Contract based on commitment.

The term Ta'abbud means the precepts are unreasonable and the term Ta'aqqul means that the percepts are reasonable. There are two theories concerning the texts to be based on Ta'abbud (Worship) or Ta'aqqul (Reasoning): first) the texts are based on Ta'abbud, therefore, they have a narrow interpretation. Second) they are based on Ta'aqqul, therefore they have a broad interpretation; according to the principles of jurisprudence, in issues about worship, the rules are based on Ta'abbud and in issues other than worship the rules are based on Ta'aqqul. One of the examples of the rules based on Ta'abbud is the worship of God, and of the examples of the rules based on Ta'aqqul are transactions. It should be noted that the jurisprudents have not made any explicit reference to Hudud regarding this issue. This research has been conducted based on the library research and a descriptive-analytical method aimed at identifying the implications of tangible and conceptual judgments and the implications of this division and their comparative analysis from the viewpoint of the Five Islamic Denominations. The findings of the research show that in issues about worship, the rules are based on worship and in issues other than worship the rules are based on reasoning.

The article studies blasphemy against the holy prophet of Islam comparatively in Iranian, Afghan penal law systems and in the rules of Islamic sects. The subject that in the above mentioned penal law systems and Islamic sects' rules is common, is the definition rendered regarding blasphemy against the holy prophet as using improper language including insult to the holy prophet of Islam (peace be upon him). Unlike Iranian legal system which introduces the crime of blasphemy against prophet as a crime with the Punishment of Hudud (punishable by lashing) under the Islamic penal code of 1392, the Afghan legal system comprises no crime titled under "Blasphemy against Prophet" in its penal Code. The title under this code is the general one i.e. "Blasphemy of the Sacred in Islam". The punishment prescribed in the Iranian Penal Law for committing blasphemy is execution of the blasphemer which is compatible to the rules prescribed in different Islamic sects but the Hanafi Jurisprudence. Committing blasphemy has not been mentioned in Afghan Penal Law directly, but the punishment prescribed for "Blasphemy of the Sacred in Islam" is 2 to 5 years of imprisonment. The other commonality of Iranian and Afghan penal law is the way which blasphemy can be committed. In both legal systems the blasphemy is committable orally, in writing, in the real or cyberspace.

Throughout the history of mankind, peace has always been one of the aspirations of the Men. However, individuals and communities' perceptions of the notion and indicators of peace are very different based on their cultures and diverse epistemic foundations. In the West, Kant Based on his own anthropological and epistemological concepts and the humanism school, has a minimalistic and pragmatic comprehension of peace within the framework of ethics and democracy; While from the viewpoint of Imam Ali in Nahj al-Balaghah, a justice-centered and monotheist conception of peace is presented that delivers much more consistent and more complete conception of peace in comparison to Kant's conception of peace. In this study, through using a constructivist approach to the concept of peace, an attempt is made to define this concept in both the Alavi and the Kantian perspectives, to analyze their views in a comparative method. The present study finds that although the concept of peace within the Kantian discourse is different from that of Imam Ali in terms of epistemic and ontological basis, but they overlap with each other in terms of their cosmopolitan attitude.

The school of Islam, whose laws are inspired by revelation, with a comprehensive approach, and taking into account all the rights and characteristics of women, have considered a high status and honor for women. Undoubtedly, there are differences between men and women, but at the same time, there is a balance between the rights and interests of women and men, which are in line with the dignity of each of them. In recent decades, the issue of women has been taken into account as a global issue in international affairs such as the "Convention on the Elimination of Discrimination Against Women" and "Document 2030", which, in their essence, create a kind of total homogeneity between men and women - without any exceptions - and it is based on gender, and in this case, it is imposing obligations on governments and nations. This paper examines and analyzes the text in the library and field studies, seeks to adapt the material to the international treaties, with the view of Islam and Quranic verses about women's rights. In the course of numerous investigations, legal rights such as: the right to development, the economic rights, the political rights, the social rights, etc., are considered to be indispensable for women, while these treaties include only one dimension of the existence of a woman, as well as his gender dimension. These documents consider women's employment a major factor in preventing women's dependence on men and family, and has affected maternity and paternal obligations and reduced the female's place to a sexual partner, and that the term divorce has been shown as a humanitarian approach instead of a disproportionate phenomenon. However, according to the divine verses, the provisions of these declarations and documents of the International Women's Rights Office are in clear contradiction and a kind of disrespect and cruelty to women, and even to men, which will destroy the family and the community.

Aliens have used several methods to scatter the unity of the Ummah and Making disagreements among Muslims. The present article aims to explain the activities of foreigners in forming divisions among Muslims and instigating nationalist sentiments as well as providing solutions to deal with them. Nationalism is the primacy of ethnicity and nationality, and it provides grounds of division among Muslims The article's method is analytical-descriptive and the most important  proceedings of foreigners to scatter the Islamic Ummah, including the promotion of nationalism among Muslims, the extinction of religious teachings through development of secular activities, creation and promotion of fabricated sects and Cultural invasion of aliens against Islamic Ummah are among the findings of the article. Some solutions of these divisive actions are: highlighting the role of religious scholars, the idea of ​​establishing an Islamic government for unity, strengthening the spirit of Muslim unity and strengthening the self-knowledge and self-confidence of Muslims.