نشریه آموزه های فقه عبادی
پیاپی 1 (بهار و تابستان 1399)

Prayer (aৢ-ৢalƗh) recitation (Qira'at) is one of the non-rukn (nonelemental) wƗjibs (obligatory, wƗjibƗt) and in addition to al-FƗtiতah and the other chapter (Surah), it also includes tasbƯতƗt al-arba‘ah, Basmalah (in the name of Allah, the All-Merciful, the Ever-Merciful) and saying Istiazih (I seek refuge in Allah from the cursed Satan). One of the rules for reciting (Qira'at) of the salah (prayer) is jahr (loud) or ikhfƗt (silent) reciting it. It is obligatory on men and women to recite the al-FƗtiতah and the other chapter (Surah) of the noon (Dhur) and evening (Asr) prayers, and tasbƯতƗt al-arba‘ah in a silence manner (ikhfƗt), and it is obligatory on the men to recite the al-FƗtiতah and the other chapter (Surah) of morning, Maghrib, and IshƗ (early at night) prayers on men in a loudly manner (loud, jahr). In a descriptiveanalytical way, this article examines the criteria of jahr (loud) and ikhfƗt (silence) of recitation (Qira'at) from the point of view of Imami jurists and has reached the conclusion that the criterion of jahr (loud) and ikhfƗt (silence) of recitation (Qira'at) is conventionality. Not making somebody to listen to others or revealing the substance (essence) of sound or not making somebody to listen and revealing the (substance) essence of sound together. Also, the minimum sound in jahri (loud) prayers is listening to the person who is present next to the worshiper, and the maximum sound should not be louder than usual. And the minimum sound in ikhfƗti (silent) prayers is that the worshiper hears his own voice and the maximum sound is that it does not reach to the minimum of jahr of the worshiper in the jahriya prayers.

There are two important points of view due to the simultaneous of Tawaf and congregational prayers, which based on one prospect suspending the five daily prayers in Mataf in some reasons is permissible including: the possibility of Tawaf during the day and night, unlike salat (praying) which has a limited time, the superiority of prayer, especially congregational prayer in comparison with other wƗjibs (mandatories, wƗjibƗt), knowing the performance of Tawaf during congregational prayers as an insulting, the narrations which are indicating in permissible in order to participate in the congregation, because of absoluteness of the mosque (al-Masjid) word on all parts of the Masjid al-Haram and the main function of the Masjid al-Haram is for prayer (Salat) and not for Tawaf, consensus, usages of the Muslims and etc. The reasons for this view have problems. On the other hand, it makes it difficult for people such as patients, women, the elderly people, etc. Therefore, the second view is correct, which states that it is not permissible to break the Tawaf for holding congregational prayers in Mataf. This view is supported by reasons such as: the primary emplacement of the House of God for Tawaf, the necessity of the priority of Tawaf over prayer (Salat) due to the rule of prior, abomination and prohibition of performing prayers on the roads including Mataf.

Friday prayers (ৡalƗt al-Jumuޏah) are very important among the acts of worship (rituals), as evidenced by the narrations (about two hundred) and treatises that have been written about Friday prayers. The jurisprudential subject of Friday prayers (ৡalƗt al-Jumuޏah) are considered as a subset of government, because in the age (era) of occultation (Ghaybah), there is a close relationship with Velayat-e Faqih (Authority of the jurist) and religious government. Among the various subjects of Friday prayers (ৡalƗt al-Jumuޏah), this article is going to research and explain the role of Velayat-e Faqih (Authority of the jurist) in relation to Friday prayers (ৡalƗt al-Jumuޏah) and the answer to this question, whether the leading of Friday prayers (ৡalƗt al-Jumuޏah) in the era of occultation is considering as the affairs and positions of the government or not? In this regard, results have been obtained. The position of Friday Imamate is one of the affairs of the Imamate of the Imams, not the position of them. The leading (Imamate) can be delegated, and the Imams (p.b.u.t) have entrusted this position to others in a special and general way, and the solution to the conflict between special and general installation is that the special position is prevailing at the time of the extended authority of the guardian jurist (vali-ye FaqƯh) and the general installation is prevailing at the time of authority negation, and in the end it has been proven that the guardian jurist (vali-ye FaqƯh) has duties towards Friday prayers (ৡalƗt al-Jumuޏah), including, he must organize an organization to identify, install, dismiss and supervise the Friday Imams (leaders).

The recitation (Qira'at) of the Qur'an from the beginning of the revelation has been emphasized by the Qur'an itself, and the Qur'an has attracted (gotten) the attention of believers with various titles to it. After the revelation, the commentators and jurists of both religions (Shia and Sunni) have been considered in Islamic religions. However, what is mentioned here is not the absolute recitation (Qira'at) of the Qur'an or the recitation (Qira'at) of the Qur'an in prayer (aৢ-ৢalƗh), but what is important is the ruling on reciting the Qur'an outside of the state of prayer, which most jurists and commentators consider it as a recommendation, but in the author’s opinion, based on the jurisprudential and interpretive principles, the ruling used in the verse is obligatory for recitation (Qira'at). This means that those who are obliged (the mukallafs, obligators) to recite the Qur'an, in addition to the frequent (repetitive) recitation of al-FƗtiতah (the Opening or Praise Chapter) and the other chapter (Surah) or part of the Surah in prayer (aৢ-ৢalƗh), have another duty as obligatory recitation. (The main issue of the research). After obtaining this conclusion; in this case, the recitation (Qira'at) of the Qur'an which is outside of prayer (aৢ-ৢalƗh) should be considered as an obligatory independent worship, and by relying on the narrations at least fifty verses per day must be recited and in addition, the branched rulings which are based on it, should be also considered. (Research Information) All of this is due to the logical process of inferring rulings from jurisprudential verses.

The realization of endowment (waqf) is conventional in property and concrete objects, but there is disagreement about the endowment of benefits and rights. One of the cases in which there is disagreement is the endowment (waqf) of a part of the actions of a temporary or permanent freeman. This discussion, as far as has been examined is not explicitly seen in the words of the Imami jurists. Its non-expression among Imami jurists may be due to its apparent contradiction with the conditions in which they have considered for endowment (waqf).

But since the extent of endowment (waqf) issues has expanded today and many new examples have been introduced or defined for it, it is necessary to re-review the endowment (waqf) subject and its conditions.

Therefore, the present article is going to analyze the issue of “endowment (waqf) of the action of the freeman” temporarily or permanently.

This research clarifies that according to the definition of endowment (waqf) that can be provided according to today’s conditions, this type of endowment (waqf) is correct and is one of the examples of correct endowment.

However, Imami jurists have long agreed on the sanctity of looking to a foreign woman (non-mahram) by the sexual excitement (pleasure); however, a narration with a correct document in the legacy of the Imamiyeh narration has been narrated from Imam AlƯy ibn MnjsƗ ar-RiঌƗ (Ali ibn Musa al-Ridha) “Alayhi al-Salam” that at the beginning of the matter, it is permissible to look at non-mahram by sexual excitement (pleasure) in an illusionistic manner. This narration, which has been narrated by Ali ibn Suwaid, is among the most important traditional documents, which the Imami jurists have committed widespread authentication and contravention. The present study in a descriptive-analytical research, after examining the document of narration, has re-read its content and by following the written jurisprudential heritage, it has come to the conclusion that inferring any meaning of the narration except permitting the intention of looking without sexual pleasure and lust is not appropriate (incompatible and impossible) with the rule of Shari'a, obvious dogmatic and necessity of religion and inconsistent. In addition to the fact that the final result of the research was in line with other influential Razavis in the issue perfectly, and the apparent conflict of the narration (report) of Ali ibn Suwaid with some other narrations can be justified

The rules of ritual (worshiping) jurisprudence are the general Shari'a ruling (Islamic Canonical Law) in which the purpose of the most important of the person (obligee, obligator) who is being bound to that rule is other worldly, or complies the mukallaf (obligee, obligator) with the motive of the mandate and the intention of nearness is considered as a condition for its validity. The researcher of jurisprudence obtains some rules of ritual jurisprudence from Quranic explicit texts. Like the rule of negation of distress and constriction, which is documented in the verse “And AllƗh has not placed any difficulties (constriction, hardship) upon you in religion”. The researcher of jurisprudence also selects some jurisprudential rules from the narrations. Among them are the rules of “No doubt for the person who is obsessed by lots of doubts” and “No need to repeat the prayer except in five cases”. Also, by following the works and opinions of the jurists in the chapters of prayer (aৢ-ৢalƗh), purity (৬ahƗrah), fasting (Sawm, Siyam, Rnjzeh or Rǀzah), zakat (zakƗh that which purifies wealth) khums (literally ‘one fifth’), i‘tikƗf, Hajj and induction (inductive reasoning) of cases and examples, some rules of ritual jurisprudence can be achieved. Rules such as “each worship is conditional on intention” are obtained through the induction and additional of the similars and the equals. Therefore, rule selecting in ritual jurisprudence, in addition to the texts (explicit texts) of verses and hadiths (narrations), is formed through the inference of the ruling on the similars and the equals.