نشریه مصباح الفقاهه
سال دوم شماره 3 (بهار و تابستان 1399)

Islamic scholars have paid special attention to "martyrdom operation" (Istishhad) and according to the jurisprudential basis, they have stated the authority and conditions of it. They, also, have considered this Jihad a valuabletype of jihad and martyrdom. Martyrdom operation is a kind of defensivejihad that is done when there is no other way or there is a more importantinterest like protecting Islam; as in "preventing loss", the evidence of protecting Islam has priority, rationally, over the evidence of protecting the life. Theauthority for this type of operation is issued with the necessity for it and withthe permission of a Sharia ruler. Martyrdom operation is different from suicide operation against innocent people, or in other words, suicide withoutreligious evidence; Because the martyrdom operation is carried out with theintention of proximity, its purpose is to preserve the Islamic regime and thehonor of Muslims, and has all jurisprudential and moral conditions whit it;unlike suicide operation, which is carried out against religious rationality,aims to hit Muslims, and in many cases, civilians, women, and children aremartyred; Therefore, the prohibition evidence of suicide does not includemartyrdom operations

According to the jurisprudential rule "LaZarar", sports that cause significantphysical injury are prohibited; in other hand, exercise is needful for humansociety and injuries are part of it; therefore, we need detailed research on thelimit of authorization and prohibition of sports injuries, so we can promotedoing sports, even high-impact types. It’s forbidden to injury and sheddingsomeone's blood, unjustly; but the jurisprudential principle about the bloodvengeance (Qisas) is to precaution; If there is any doubt about the retaliationof the offender, we should refer to victim (Majni-aliyeh) assent that he hadgiven before the crime and prove that the offender is innocent, then this rightof retaliation is inherited after the victim's death. It is the same for the BloodMoney (Dieh); like the surgical waiver of liability. This right of retaliation isfirst for victim so he/she has possibility to revoke it. The right of receivingthe blood money is also first for the victim, then avenger of blood inherit itafter the victim's death; however, with the victim's assent to crimes, this rightis also revoked. In analyzing this subject, there are two foundations; Analysisof jurisprudential rule and its allocation. Assuming that there are forbiddeninjuries, some of them are excepted from this jurisprudential prohibition,through allocation or not included at all.

Verse 3 of Surah Noor (the verse of adultery) is one of the important documents that is used by twelver jurists for the eternal prohibition, in the topicof marrying an adulterer. Jurists and interpreters have two positions as towhether the above verse indicates prohibition in this topic or it's just for declaration. According to the structure and context of the verse, some believe:Although the context of the verse is a declaration, it shows a religious lawand signifies the prohibition of marrying an adulterer. The others believe thatthe verse only expresses the objective fact that the guilty seeks the sinful andthe good seeks the pure; according to the context of words of the verse andhadith arguments. Examining the arguments proves that the verse declares amoral and natural rule and does not signify the religious law of prohibition

Confession is one of the evidence for substantiate the claim. It's the topic thatinclude "denial after confession". According to the evidence, the jurists havenot considered a same role for "denial after confession" in all punishments;in some cases, such as the "punishment of stoning to death", they all say thedenial can waive the punishment and in other cases there is disagreementabout that waiving, such as in the punishment of murder, theft, and lashes. Inthis article, by examining the evidences of accepting or ignoring that denial,we search for some rules that can be cited in uncertain cases. Among that, wealso examine the weaknesses and strengths of the Article 173 of the new Islamic Penal Code in order to make suggestions about it. One of the strengthspoints of this law is that it put the punishment for murder near the punishment of stoning to death, in accepting the denial; one of its weaknesses isnot to separat the punishment for theft and other punishments, while thepunishment for theft should be out of lashes punishments in accepting thedenial and should join the punishment for murder and the punishment ofstoning to death.

Inferring the criterion and the cause of religious laws along with inferringthe laws themselves are one of the tasks of jurisprudence and it's necessaryfor understanding the religious texts and laws. To achieve this, well knowing the cause (Ealla) and the reason (Hikma) of religious laws is necessary,but it is not easy. Overlooking this, is behind disagreement between juristsin different topics of jurisprudence. The sale is the most common and important contract and has occupied the major part of jurisprudential and legalissues. Thus, in comparison with other contracts, people ask more about it,which is obvious in hadith from Imams and expressing the cause in them. Inthis article, after explaining the terms, we mention the method of expressingthe cause in Arabic. Then we examine the method of "expressing the cause"in traditions about the Sale and the jurists opinion about it. The most common method is use of two letters, "PHA" and "LAM", and one kind of sentence called "Jomla Esmia". There is also disagreement between jurists as towhether those clauses in traditions are the cause or the reason, so we coulduse them in the same cases

It is important to study the aspects and characteristics of advertisement, froma jurisprudential view. Although the history of advertisement is back to firsttrades by human and before Islam, but some of ads ways, like using bellmanfor sale were used at the beginning of Islam and the Prophet (PBUH) didn'tforbid it. In this article, by examining the evidence of legitimacy of advertisement, we review the jurisprudential and religious sources and get the possible obligation, prohibition, and reprehensibility of it. The important resultof this article: certainty of the evidence of legitimacy and permission of commercial advertising, in itself, and from a religious point of view; its secondaryprohibition in cases such as concomitancy with forbidden acts, promotingluxury life, encouraging extravagance, creating false need... The article usedlibrary method and descriptive-analysis way with extracting data from publicand legal sources of advertising.