نشریه قرآن، فقه و حقوق اسلامی
پیاپی 4 (بهار و تابستان 1395)

The view of exegetes and the great Islamic jurisprudents on the meaning of wife's disobedience in the Quran 4: 34 and the matter of physical punishment returns to two general theories: wife's disobedience is interpreted by a group of exegetes and Islamic jurisprudents as the wife's denial of sexual duties, while it has been interpreted, in its general meaning, by another group as the wife's denial of marital duties. Based on these theories the husband, after giving advice and keeping away from his wife, can prevent her from disobedience through physical punishment. The present text aims at criticizing the above-mentioned interpretations and presenting a new exegesis based on which disobedience is meant the wife's betray lower than adultery. As a result, allowing the husband to physically punish her wife is not related to the wife's disobedience or minor violations of marital rights, but it pertains to the woman's disloyalty and violating God's right.

One of the women with whom marriage has been prohibited for every man in the Quran is stepdaughter. This prohibition is stated in the Quran with the phrase “Prohibited to you are … your stepdaughters who are in your care being born of your wives you have been in to” on the condition that the man, in addition to marriage contract, has done intercourse with the mother of the stepdaughter. There may be different instances of intercourse like reluctant intercourse, intercourse in sleeping or unconsciousness, intercourse from behind, and so forth. The present research aims to show whether intercourse from behind or other types of unusual intercourse can be considered the instances of “you have been in to” in order to rely on generalization? For this reason, studying the Arabic literature and lexicographers' information, the meaning of “being in to” has been analyzed first. Next, the findings of the research have been taken as criteria for evaluating the Islamic jurists' relying on the same verse. Finally, it has been found that the phrase “you have been in to” in the Quran applies only to the consummation of the marriage but not all kinds of sexual contact. Therefore, it can not be generalized to all kinds of sexual contact. Withdrawing the generalization also leads to the conclusion that “prohibition of marriage with some stepdaughters”, although reputed in Imamite Islamic jurisprudence following Allameh Helli, is not provable based on generalization; although, there are other jurisprudential methods other than relying on generalization to prove this judicial decree which can be studied.

Considering the point that today the countries sign criminal extradition agreements in order to avoid criminals' escape from justice and law, and to return the criminals back to their homelands for trial and punishment, it seems obvious to discuss the subject of criminal extradition. Applying the criminal extradition rule to IRI and the existence of such rule in Iran (enacted before the Islamic revolution) and the Guardian Council's proclamation on illegality of most criminal extradition bills adds up to this necessity. The present text aims at answering the question as to whether the holy verse “and God will not grant the unbelievers any way over the believers” (Quran 4: 141) can be considered a hindrance to signing the agreement on the extradition of the Muslim criminal to non-Muslim countries? Studying the concept and specifying the limits of discussion using a deductive method and the evidences to the above-mentioned verse, the author has proved the elementary rules conformation of the verse with criminal extradition rule (putting emphasis on extradition of a Muslim criminal to a non-Muslim country) and has analyzed the confirmatory problems of Nafyi sabīl verse to extradition of a Muslim criminal.

The exact understanding of orientalists' views on the Quranic teachings and scientific criticism of them is an undeniable necessity for the Muslims. The present research attempts to quote, analyze, and criticize Firestone's viewpoints on holy war verses. Firestone's researches on holy war verses indicate his considerable study of Islamic sources. The central point of his view on holy war is his drawing attention to the controversies among the verses on allowing or forbidding war and the different methods of dealing with enemies of Islam proposed in the Quran. Not paying attention to the context of the verses, ignoring the grounds of revelation of the verses, and not using the words of Infallible Imams are the main reasons of Firestone's maintaining that there is controversy among holy war verses.

The present research discusses the translation and analysis of the article “Retaliation” in Encyclopedia of the Quran (Leiden). The article deals with the matters like the meaning of “retaliation”, the proportionality between the crime and the punishment, and the ways of indemnification for murder or physical injury. There is a special position for retaliation in the Quran and Islamic jurisprudence. The word usually means retribution in the Noble Quran. Retaliation is a subject criticized by some researchers of the Quran, Islam scholars, and lawyers for its being against the human rights and they attempt to use it as an instrument to question and cast doubt on the explanatory religion of Islam, while ignoring the preventive dimension of retaliation from committing murder. The Quran 2: 179 “And there is life for you in (the law of) retaliation” is the most obvious sentence to explain the above-mentioned dimension which prevents the murderer, in the case of paying attention to the prescribed punishment, from committing the crime, as a result of which both the life of the person against whom the crime has been committed and the life of the criminal himself and finally the life of the society will be ensured. The most important problem of the article is it's discussing the aforesaid matters about retaliation without paying attention to the relation between the ayas and the juridical rules.

Explanation of the divine book is a great responsibility of the Sunna to the Quran. But there are many controversies about the allocation of book to the Sunna. All religious scholars in particular and the people in general agree on the allocation of book to the definite Sunna, but there are different views on allocation of book to a tradition with a single transmitter. Since in the view of some scholars a particular reason is the indicator and interpreter of the general ones, they consider giving the intention in two stages of speech in the form of two general and particular propositions as a completely customary and acceptable matter. While others do not consider it reasonable and believe that there is no reason to generalize evidences of authenticity of a single tradition to a single tradition given for definite evidence. The present research aims to study in detail the arguments for these two main views.