فصلنامه فقه و تاریخ تمدن
سال هفتم شماره 26 (زمستان 1389)

The Fame of the Qaznavid Kings in the history of Islam is largely due to the conquests made in India, beginning from Sabuktebin and reaching its culmination during King Mahmood and Mas’oud’s kingdom that continued during the reigns of their successors. This paper deals with how certain new elements along with the early old components were developed, due to the change in political and military conditions of the Qaznavids’ neighbors as well as the riots and rebels and disorders within the Qaznavid kingdom., which made India a vital land contributing to the survival of the Qaznavid dynasty. The article then proceeds to discuss three factors influencing the transformations and developments in Qaznavid monarchs. First, the paper deals with studying the appearance of powerful local dynasties in India and their unifications to get rid of the yolk and domination of the Qaznavids that caused the Qaznavids to start a new wave of attacks and encroachment supon the Indian Muslims. Second, the paper seeks to study the factors that made the Qaznavids to consider India important to conquer, and third, the paper continues to investigate how the Qaznavids had to retreat to India due to the military force of the Saljoughids, the Aqazs and the Quorians and why the territory was considered as their last resort and front and how the Qaznavids were defeated and overthrown by Moezeddin of Qour in 582 LH.

Birth plan is one of the problems which has been under discussion and argument among the jurisprudential assemblies since old times and there have been different views on its legal order.Although most jurists have not disagreed on the principle of birth plan, the different ways of its performance may have different jurisprudential injunctions and viewpoints.This article seeks to investigate the jurisprudential judgment methods to prevent the formation of fetus. For this matter, the paper begins with studying various manners, including physical, hormonic, chemical and mechanical acts as well as different views of professionals and authorities in this concern.Then the paper goes on to examine the method of deposal covered in the books of jurisprudence and tradition.Finally, the article discusses the order of lawful act(ebaha) and permission of the method accepted by most of the Islamic jurists and scholars, which results in the agreement of the legal permission, except for certain negative consequences or due to the prohibition of certain manners.

The perspectives of Islam are based upon the rules and principles, which are unique in comparison with other divine religions in greatness and in expansion. On this basis, the honor and respect of the family has been the basic center of the society and the principles of 10 and 21 of constitutional code are the explanation of this general rule.Regarding this point, the richest parts of law in Islam, since the birth time, is the question of children protection and basic guidance of the retarded and idiots as well as the feeble-minded until they reach maturity.This paper is concerned with studying, first, the well- being and sound individuals, which is opposite to the weak of understanding groups, and second, the paper attempts to investigate the non-exceptional case of people in both groups under the law, whether under the jurisprudential view of sects or the civic code in Iran. Then, the present article proceeds to consider six cases of the Hajar instruments under the Imamiyyeh’s view as follows: childhood, madness, retardedness, foolishness and childhood that cause idiotness and abandonment. The shi’ite jurists consider growth and maturity and development the fact of coming out of retardedness and abandonment. Under the civic code, the acceptable age to reach maturity is nine years old for girls and 15 years old for boys. Some Sunnite castes, according to certain traditions, consider the age of maturity 15 for both girls and boys. Most shi’ite and Sunnite jurists agree on the financial conditions of the foolish and idiots, and consider their occupational actions valid by the permission of their guardians and parents.

One of the most interesting and solvable rules for the unbelievers and infidels converting into Islam is the’’ Rule of Jabb’’ It is a symbolic sign of Divine blessing and mercy to forgive the profanes’ sins and punishments of their previous time when converting into the religion of Islam. This rule is one of the popular jurisprudential rules, including the following:Beliefs: the words and deeds, having bad effects in Islam, when committed before accepting Islam and where the unbeliever’s creed had had no blames on them, are ignored and forgiven when accepting Islam. Conditional Cases: If an action is the condtion of another action in Islam, when the remover of condition is at the time of unbelief, is not included in this rule and is necessary for the condition to be acquired. Titles: Titles and some additions made at the time of disbelief are not involved in this rule and those titles and additions still possess their power and influence.

The old history of Iran, with its rich culture and civilization and procecuting crimes as well as its relevant departments, has undergone many ups and down. The Mads, the Achamenids, and the Sassanids had their own judicial laws. At the time of the advent of Islam, the Holy Qur’an formed the constitutional code, so justice and practicing justice and the principles of equality for exerting the divine limits (Hudud) and plunishments became one of the most significant Islamic questions. Therefore, the position of judgment manifested itself as the highest position of securing justice and security. Although the judicial independence became disordered by the arriving of the Turks in Iran. Long steps were taken to organize the case of establishing juastice. Thus some persons acted as judges or as the judges, in turn, had some associates to help them in exerting judicial affairs. This paper is interested in studying the common things and in comparison with those in pre-Islamic periods. It is supposed that the contemporary judgment and passing judgments were affected by those in the pre-Islamic eras, especially in the Saljoughid period.

This paper is an attempt to present the book or the article of Mesmar-al-shi’a, as one of the dissertations or treatises written by Muhammad-b-Muhammad Nu’man called Sheikh Mufid, who was able to finish it by 389.The term Mesmar-al-shi’ a means celebrations and enjoyments of the shi’as indicating the good taste of the dear writer.The present article also seeks to offer the readers some enlightening materials concerning the presentation of the book and some interesting views in that concern through referring to other related sources.

This paper is an attempt to study the basics and principles of the council, supervision, and the guardian council, including the Guranic verses as well as traditions versions and the ways of living of the Holy Prophet (PBUH) and his Household.For this purpose, the paper proceeds to consider three jurisprudential titles of the appointed judge by the leader, deputy, and vice leader, and professional supervisor by the leader.Finally, the article seeks to investigate the evolution of various political thoughts, and the views of the shi’itie jurists in that concern in two respects as follows: the jurists in the constitution period, who were among the founders of the primitive aspect of the organ such as sheikh Fazl-al-lah Noori, Tabrizi, Ayat-al-lah Na’ eimi, and in the contemporary period, the head of whom is Holy Imam khumaini(R.A.).

The collection of Four-Books of shi’a, as one of the most distinguished writings and works in the history of shi’a and as one of the truest and highest levels of knowledge in various skills and arts in science, including the skill of Hadith science, has been valid and true, and reliable to all the shi’ite scholars in all times. In this regard, there is no doubt, but the question is whether all the traditions and versions in that collection are valid and true. According to the studies made, all the traditions and versions in the shi’a Four-books are valid and reliable in narration and recounting and nobody can count them invalid without having a valid document. However, there is no doubt of existing contradictory items of news and traditions accused of exaggeration and overstatement in this concern. Although the latter is rarely found in the two books of Sheikh Tousi, it is true in those of Kulaini and Saddough. There = fore, no book is complete and perfect in complexities and problems, including the flaws in document and text. This paper seeks to study the advantages and disadvantages of the collection respectively from Al-Kafi’s book, Al-Faghih’s book and Tahdhabin while considering the editing and correcting of the four books and finally making some suggestions in this concern.