نشریه قرآن، فقه و حقوق اسلامی
پیاپی 15 (پاییز و زمستان 1400)

Breathing the divine spirit into fetus is a subject to which many injunctions of the law are allocated. Some of the injunctions have both monetary and penal aspects. According to the Article 716 of IPC, blood money for abortion depends on breathing the divine spirit into fetus. Also, according to the Article 720 of IPC, the calculation of blood money for the organs of fetus or the injuries sustained by fetus depends on breathing the divine spirit into fetus. The Islamic jurists do not allow abortion after breathing the divine spirit into fetus; therefore, it is important to determine the exact time of breathing of the divine spirit into fetus based on Islamic jurisprudential sources. The stages of development of fetus have been described in the verses of the Suras Al-Mu'minun and Al-Hajj. The Islamic traditions also provide some information about the time of breathing of the divine spirit into fetus. According to the words ascribed to the famous jurists of two Islamic sects, the divine spirit is breathed into fetus at the fourth month of pregnancy. However, according to the theory of the present article, for determination of the time of breathing of the divine spirit into fetus, one cannot trust on the reports of the embryologists for two reasons. On the view of the legal proofs, the divine spirit is breathed into fetus at the fifth month of pregnancy which is consistent with the language of the verses and Islamic traditions

Promotion of good and prevention of evil is the most important command of the legislator in the area of public supervision among Muslims. From the early Islam up to the present time these two essential religious obligations have played a crucial role in dynamism and mobility of Islamic society towards ideals. One of the research requirements in the area of promotion of good and prevention of evil is to study these two religious obligations with regard to other overlapping topics like inviting to the goods, avoiding the ignorant, and so forth. The present article, using a descriptive-analytical method, focuses on the verse 199 of the Sura Al-A'raf “wa a'raza 'an al-jahilin”. Meanwhile, it studies the applicability or inapplicability of the concept of promotion of good and prevention of evil in relation to the Quranic interpretation of avoiding the ignorants based on the view of the exegetes and jurists. Considering the two different approaches of analyzing the promotion of good and prevention of evil, the research findings show two different results If legislator has a vocative taste in the promotion of good and prevention of evil, because avoiding the ignorants is not vocative, it does not mean it, but if these two obligations are canonical, considering the fact that the criterion of the legislator for making them obligatory is to establish the good and eliminate the evil, the criterion also exist in avoiding the ignorants and will be relevant to these two obligations

Although the criterion for deserving arbitrary punishment in the Penal Policy of Islam is the informed opposition to the divine obligatory rules (religious obligations and unlawful things), a number of institutions have been anticipated in the area of judgment like forgiveness by the ruler and situational repentance. One of these institutions which has been frequently referred in the Quran and Hadith is “excommunication of the evil acts”. Although it has been considered as an example of repentance or the same as it by a number of experts, it seems to be a different institution. It is a grateful-reductive institution based on which the lesser sins of the wrongdoer will be ignored if he/she avoids mortal sins. Takfir is considered by some of the experts to be related only to the otherworldly punishments. However, it has been considered by a number of jurists to be applicable to the worldly punishments. Although in the area of the worldly punishments, it is a subject limited to the arbitrary punishments, the question is that which group of arbitrary punishments are subjected to takfir; verbal or actual?The present article reviews this subject by a descriptive-analytical method. The results show that takfir is an action-controlling strategy in order to return the criminal to the path of justice, to prevent committing severe crimes, and to boost the spiritual level of the society. Furthermore, this is a comprehensive and independent canonical institution with a common criminal function beyond the time which is not specific to the afterworld. It also includes giving up the punishment of those who commit lessor sins. Of course, it does not include the importunate criminals who deliberately commit the lessor crime, as well as the verbal punishments, and the punishment specified for public-right crimes. Finally, this is completely different from the institution of repentance in terms of circumstances, perpetrator, type of sin, and function

In some of the legal texts about the principles of legitimation, “stipulation of a contract” is a contract which does not make an unlawful thing lawful or does not prohibit a lawful thing. Different views have been proposed by the jurists about the meaning of “the condition of prohibition of lawful thing”. Becouse of some intricacies in this regard, it is difficult to provide a clear interpretation of the condition of prohibition of lawful thing. The present article tries to provide a proper meaning of prohibition of lawful with the language of legal proofs. This has been done through consideration of the Quranic root of this term, explanation of the origin of this term within the Quranic verses, and paying attention to the traditions related to the prohibition of lawful while making a comparison with the Quranic verses, as well as making a comparison between them and evidences related to the condition against the Book and Sunnah. Next, it tries to evaluate and criticize the important views of the jurists in this regard. Accordingly, the condition “against the Book and Sunnah” and the condition of “making an unlawful thing lawful and prohibition of a lawful thing” are consistent with each other and cover the permissible things too. In fact, the condition of giving up every permissible act which is characterized as lawful before composing the contract and its stipulation, is an example of a condition of making a lawful thing unlawful, specifically about making benefit of the blessings and lawful desires

Considering the different readings of the words of the Holy Quran and the readings of Ahl al-Bayt about furush of readings, the main question arises here as to what is the place of the readings of Ahl al-Bayt among the readings and how they can be achieved? The content of Hadith of Thaqalayn and other narrations indicate that Ahl al-Bayt have authority in recognition of the right reading like knowing the Holy Quran sciences. Therefore, the validity of the extant Mushaf - which has been formed in the process of unification of the Mushafs - and invalidity of inconsistent readings is because of the fact that, besides Consensus, it has gained the approval of Hazrat 'Ali (A.S.) and the definitive reading of Infallible Imam has priority over the other readings which are consistent with Mushaf. Afterwards, the consensus among the readers indicates the reading of Ahl al-Bayt; because if the reading on which they have reached consensus was against the revealed Quran, they would have taken position against it. If the definitive reading of Ahl al-Bayt and the reading on which they have reached consensus are not available, the nearest reading to that, which is the reading of Hafs from 'Asim, will be accepted. The present article uses library and analytical method to explain the authority of Ahl al-Bayt over the reading and their methodology.

The political discourse of the recent years speaks of elections as a trust. The public votes and whatever is specified by the means of election is a trust at the hands of the ruling government. The present research, referring to the view of the Holy Quran, tries to answer the question as to whether it is simply applied as a metaphor in order to illuminate the mind of the addressee to understand the meaning or it is a real application. It also aimed at answering the question as to whether in the view of the Holy Quran, the Islamic government and the affairs assigned to it like the process of election and consequently public vote and the result of the election are real, divine trusts? The present article, using a descriptive-analytical method, makes it clear that in the view of the Holy Quran, the ruling and the affairs assigned to it like election are trust and that the Islamic government has not a forcible and possessive authority, rather they are trusted to it and the Islamic government has the responsibility to preserve the trust and its results