مجله دراسات فی العلوم الانسانیه
سال بیست و نهم شماره 4 (شتاء 1444)

Undoubtedly, one of the most important legal and judicial challenges in Islamic countries’ criminal law is the duality of Sharia and Law. Despite the Constitutions’ emphasis of the vast majority of Islamic countries that Islam is the official religion and the foundations of Islamic Law are the main source of legislation, in practice, except in a few Islamic countries, including Iran, there is no sign of Islamic Law.
   In criminal laws and regulations of countries such as Egypt, Iraq, Syria, Jordan and Lebanon, not only can no trace of Islamic Sharia be found, but also in them can be seen a serious conflict with the principles of Islamic Sharia, especially the Qurchr('39')an and Sunnah. In this regard, explaining the reason and investigating the most important causes of duality is the main purpose of this study.
   Findings of research in this article show that important and influential causes on the duality of Sharia and Law in Islamic countries are the occupation of some Islamic countries, the influence of intellectual and secular currents in the criminal law system, the globalization of criminal law and inattention to Haqq Allah (what is due to God/God’s right) and contentment with Haqq al-Nas (what is due to men/people’s right).
   This research which using descriptive-analytical method and using library resources, explains the reasons and consequences of the duality of Sharia and Law in Islamic countries.

Jihad is a significant, fundamental basis of conviction in the Islamic World,whose implementation is based on fatwas and opinions,cited by the religious authorities to legitimize the action. Thus, views of the religious scholars had direct influence on social and historical developments,as issuing of a fatwa is tantamount to either a license or a roadmap to do a certain job.Today,Jihad has different dimensions to the extent that some may take it as assassination and terrorism, not the implementation of Godchr('39')s command. Some may also consider it as an obligatory order that must be implemented at the discretion of the scholars.This study simply seeks to clarify the borderlines and concepts of Jihad based on precise realization of the issue, divine verses of the Holy Quran and the Prophetchr('39')s manners,i.e.Prophetic Biography.It goes without saying that the opinion of Shiite and Sunni scholars are different on Jihad. Therefore, I have made a comparative study of the opinions of Shiite and Sunni scholars. Among the Sunnis,the author has referred to Muhammad Saeed Ramadan al-Buti and Yusuf al-Qaradawi,and among the Shiites,Allama Sheikh MuhammadMahdi Shams al-Din and the great Mufassir or commentator of the Qurchr('39')an,Allama SeyyedMohammadHussein Tabatabai were taken as the reference. The comparative study concluded that Shiite scholars had set limits to Jihad restricting it to a self-defense.However,SunniUlema had taken it as a necessity in any circumstances.Therefore,according to Shiite scholars, elementary Jihad is allowed only in the presence of the Infallible Imam,and among the Sunnis,the denial of the boundary between elementary and defensive jihad is raised.

Conceptual metaphor can be considered from modern linguistic theories that are concerned with metaphor in terms of meaning and connotation. This is fundamentally different with metaphor theory in classical literature. The new theorists see that the aesthetic of the metaphor is not confined to rhetoric and literature only, but also to meanings and connotations as well. In the related context, "Janson" and "Lykaf" are considered among the vanguard theorists in the field of conceptual metaphor who view the metaphor from a semantic perspective. In this research, and based on the descriptive-analytical method, we have studied the meaning of life in the poetry “Baland Al-Haidari”. And one of the most important findings that we reached in this article is that Al-Haidari mostly carries a pessimistic view that sometimes turns into absurdity. However, his poems may be interspersed with poems that carry a spirit of optimism in their folds accompanied by a glimmer of hope. Then Al-Haidari used the conceptual metaphor as a tool to express his viewpoint on the life that he lived with his flesh and blood. It can be said that the conceptual metaphor in Baland Al-Haidari's poetry stemmed from his bitter and tragic experiences in the reality of his life.

The novel, with the tools of language, represents the real world, so the word takes the place of lens, revealing different  aspects of society. The study of the narrative text in its cultural, social, political and historical format and its role in the formation of cultural identity for society helps to search about the emplicit pattern behind the apparent text and its technical esthetics. The purpose of this study with an analytical and descriptive approach and based on critical approaches for cultural criticism and its procedures by focusing on the parallel cultural pattrens behind the linguistic construction of the text in the novel "The Country Night" by Janan Jassim Hallway is presenting a perception about cultural patterns in their aesthetic and ugly dimensions. A esthetics lead to cultural awareness, but the ugliness are the systemic defects hidden under the mantle of the aesthetic as one of the cultural tricks that lead to cultural blindness. The obvious cultural habits of the war discourse in this novel are the dignity, honor, and defense of the eastern front of the Arab world, as opposed to the harsh and hidden cultural practices of the regime.The fictional character (Abdullah), like any Iraqian, feels no identity in his life in front of repressive behavior. Even the place in the story changes from a happy place (a place for children to play) to a sad place (a place of execution) to shows the dominance of cultural practices created by state violence in Iraqian society.

In the general context, the damages are divided into pecuniary and non-pecuniary (moral) damage. In principle, the pecuniary damage does not constitute a special difficulty, whether for evaluation or judgment by the court. But the difficulty arises when talking about moral (non-pecuniary) damage. This damage is imperceptible from a material point of view, and there are no adequate criteria for assessing it. Pain, defamation, and other examples related to non-pecuniary damage vary in magnitude and impact from one person to another.
To discuss this problem, we decided to study contiguous Legal systems with the aim of reaching a logical solution. Among the findings of this study is that the legal systems in Iran, Iraq, and Qatar granted the judge discretionary power in assessing compensation. However, at the same time, this authority determined that it presented the criterion of the circumstances as a guideline that the judge should refer to in order to assess the non-pecuniary damage. These legal systems differed among themselves regarding the obligation of the judge to take into account the seriousness of the defendant’s fault when evaluating.

The poetry of alienation and nostalgia is one of the topics addressed by poets, ancient and modern, and it is embodied in the feeling of anxiety, discontent and social isolation and the accompanying sad and sincere emotions. This phenomenon has many manifestations in the souls of poets, as each of them expressed it according to his point of view and his circumstances. Among the poets who tasted the bitterness of alienation and expressed the feelings of sadness and pain in their souls, is Mahmoud Hassan Ismail, the contemporary Egyptian poet whose language of sadness, alienation and nostalgia became clear in his poetry. This article aims to study the manifestations of alienation and nostalgia in Mahmoud Hassan Ismail's poetry and how they are distributed in his poems and their role in arousing emotions and feelings according to the descriptive-analytical method. The importance of this research appears in observing the extent of the injustice done by the British occupation towards the Egyptian people, led by the hard-working peasants, as a result of inhumane acts that prompted them to present the fruits of their efforts to the tyrannical colonialism. One of the most important findings of the article is that the poet has excelled in expressing his feeling of internal and external alienation by drawing a tormented conscience and a bleeding heart, but the intensity of his pain and alienation gradually eases by turning to his Lord through mystical meditations. The poet also yearned for the land, the homeland and the beloved