List of Articles Mohammad Jafariharandi

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  1 - The realm of the ruling interference in the implementation of religious rulings
  zahra kolbadynjad mohammad jafariharandi Kazem Rahman Setayesh
  10.30495/jijl.2022.54691.1362
  AbstractThe realm of the ruling interference in the implementation of religious rulingsIn the realm of devotional rulings at first it seems that their implementation is merely a personal matter; Because the consequence of doing or not doing it depends on the person's ac More

  AbstractThe realm of the ruling interference in the implementation of religious rulingsIn the realm of devotional rulings at first it seems that their implementation is merely a personal matter; Because the consequence of doing or not doing it depends on the person's actions. But with all-round thinking, it becomes clear that in the implementation of some of the rules of worship, the Islamic ruler must intervene or due to an incident, and the intention of the obligated person is not sufficient, but in addition to the intention of the necessary ruler to intervene with his intervention. It can be said that Friday prayers and elementary jihad are considered in this category. This article, by reflecting on the jurisprudential opinions, separates the rules of worship from the perspective of the ruling, and concludes that: although in the implementation of the rules of worship, the principle of personality and intention is required, but in some cases, the implementation of this Judgments will not be possible or sufficient without the intervention of the ruler in essence or in breadth; However, the intention of closeness of the obligee is also raised, and vice versa, it is possible that the worship - the main element of which is the intention of closeness - is performed by the ruler, even if the performer has no intention of closeness. Manuscript profile
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  2 - The Jurisprudential Criterion of Changing the Hadd of Theft to Ta’zir for Children, While Considering the Effective Social Factors in Committing a Crime
  Mostafa Hassanpour Mohammad Jafari Harandi (Corresponding Author) Tayebeh Arefnia
  10.30495/jijl.2022.69081.1572
  In the Islamic legal system, young age is considered one of the factors that mitigate criminal liability, and jurists consider puberty as one of the common conditions of obligation. As a result, a child who has committed a crime which has caused hadd (punishment) is not More

  In the Islamic legal system, young age is considered one of the factors that mitigate criminal liability, and jurists consider puberty as one of the common conditions of obligation. As a result, a child who has committed a crime which has caused hadd (punishment) is not considered to be deserved to Hudud or Qisas (punishments or retaliation in kind). In the penal regulations of Iran, the lack of criminal liability of minors has been explicitly accepted, but at the same time, in crimes with non-ta’zir punishments, educational and punishment measures have been established for them, which in the last part is against the principle of lack of criminal liability of minors. In this regard, in addition to paying attention to the explanation and matching the opinion of experts in the field of Sharia with the minors penal regulations in the field of converting the hadd of theft to Ta'zir, the effective causes of children's delinquency can be checked and evaluated. Most of the studies and researches that are carried out on the axis of social structure, focus on correcting the behavior and thought of this particular group and analyze the effective factors in the deviation or guidance of this age group. Perhaps the most important reason for the special attention of specialists and experts to this issue is the effective role that children will play in the future structure of society. Manuscript profile
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  3 - Position of Enjoining the Right and Forbidding the Wrong in Islamic Theology and Jurisprudence
  Mohamd Jafari harandi
  At the beginning of the call of the prophets, religious teachingswere communicated differently and proportionally. However, afterthe institutionalization of any religion, religious scholards used toclassify the teachings establishing new disciplines with giving aspecil More

  At the beginning of the call of the prophets, religious teachingswere communicated differently and proportionally. However, afterthe institutionalization of any religion, religious scholards used toclassify the teachings establishing new disciplines with giving aspecil title to each of the classes. Two disciplines gasined muchimportance in the teachings of the religion of Islam.One is thetheology dealing with explanatiomn of Islamic doctrines, provingthe theories, and refuting spurious arguments. The other isjurisprudence dealing with the quality nof the behavior of thebelievers.The issues of these two disciplines have sometimes baesdon requirements mixed together and somre thological material haveincorporated jurisprudence. Enjoining the right and forbidding thewromng has a special position in this field. This is because it hasfoubnd a close relation with jurisprudence and little by littleconsidered as a jurisprudential issue.It has been discussed next toprayer and fasting whuich have mainly an individual aspect.However, this issue can be put into practice when the Imam of theMuslims assumes the reins. So it should be discussed consideringthis point. Manuscript profile
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  4 - Separation of Expropriation whitout Necessary to Divorce Sermon
  Mohammad Jafari Harandi
  One of the reasons for separation of couples is “expropriation”,which happens when the wife gives some property to the husbandbecause of dissatisfaction to get separated from him.The question is that, whether in such case it is a religious duty forhusband to More

  One of the reasons for separation of couples is “expropriation”,which happens when the wife gives some property to the husbandbecause of dissatisfaction to get separated from him.The question is that, whether in such case it is a religious duty forhusband to comply with the condition of releasing his wife? Andwhether this separation should be done by court? And finally,whether the separation is automatically done after the parties agreedon the property should be exchanged or it is necessary to readdivorce sermon?Jurists didn’t pay much attention to the first question and about thesecond one, the popular opinion is that it is not necessary to go tothe court. And in antecedent jurists’ opinion about the thirdquestion, it is not necessary to read divorce sermon and most recentjurists believe it is necessary. Here the assumption of the need to goto court and no need to read divorce sermon is proved. Manuscript profile
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  5 - Usury in State Loans
  Mohammad Jafari Harandi
  The usury is prohibited in Islam. This prohibition be aimed at ofreal persons; because they have not any religious obligation;therefore the prohibition and obligation do not aim at them andbecause of the government is a legal person its bargains topicallyare out of proh More

  The usury is prohibited in Islam. This prohibition be aimed at ofreal persons; because they have not any religious obligation;therefore the prohibition and obligation do not aim at them andbecause of the government is a legal person its bargains topicallyare out of prohibition of usury and in addition the governmentproperty including cash belongs to the people and considers ascommon property and when the government loans it to the people infact loans peoples property to themselves and therefore if it takesany gain there is not any problem. Manuscript profile