List of articles (by subject) New issues
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Open Access Article
1 - Analysis of the theory of the limits of Mohammad Shahrour
shirin RajabzadehIn his most important work, Al-Kitab wa Al-Quran, Mohammad Shahrour, a contemporary modernist from Syria, has presented new issues and theories in the field of Islamic sciences. By criticizing traditional jurisprudence, he has explained his theory of limits under two ne MoreIn his most important work, Al-Kitab wa Al-Quran, Mohammad Shahrour, a contemporary modernist from Syria, has presented new issues and theories in the field of Islamic sciences. By criticizing traditional jurisprudence, he has explained his theory of limits under two new terms, "endurance" and "being a Hanifi", and based on that, he has presented novel opinions in the field of rulings. Shahrour believes that human beings and beings in the universe tend to change and deviate (being Hanifi) and need God to guide them to the straight path (endurance). In addition to the above-mentioned book, his jurisprudence opinions are mentioned in the book "Syntax of New Principles for Islamic Jurisprudence". This article seeks to analyze and analyze his theory of limits by descriptive-analytical method to obtain the answer to this question: Why and how did Mohammad Shahrour introduce the jurisprudence theory of limits? The result of the research showed that the theory of limits of consciousness is influenced by his mathematical mind, which with the help of mathematical and geometric functions considers the possibility of curvature of the straight path in six states and explains the types of limits of Islamic law in the same framework. Shahrour believes that the verses of Hudud are the basis of legislation and the verses of rituals are the basis of individual piety. He considers twelve conditions for legislation in the contemporary period, such as: understanding the Arabic language, considering the scientific background of the present age, contemporary economic and social laws, and so on. He believes that in order to understand the problems of inherited Islamic jurisprudence, which is not appropriate to the knowledge and conditions of the present century, it is necessary to find a solution by recognizing the causes of this crisis. Manuscript profile -
Open Access Article
2 - Violation of custom with custom in jurisprudence and law
zahra yusefi mesri seyed abogrhasem naghibi faezeh moghtadaeeThe map of custom in deriving rulings is very serious, so that we can claim that many of the differences in jurisprudence are the result of customary statements. Therefore, the understanding of the Shari'ah evidences for the next generations depends on their understandi MoreThe map of custom in deriving rulings is very serious, so that we can claim that many of the differences in jurisprudence are the result of customary statements. Therefore, the understanding of the Shari'ah evidences for the next generations depends on their understanding of the custom of the time of issuance, and according to this understanding of this issue, they analyze the Shari'a evidences and attack it at the same time.Regarding custom, it has been discussed in the past among the books of jurisprudence and principles such as Sharia al-Islam, Jawahar al-Kalam, Arwa al-Wathqa, Kifayeh al-Osul, Fawaid al-Asul, etc. In the present era, books have been written separately in this field. And has been examined. But what is different in this research is the conflict between custom and custom, which is not addressed in books and articles. In this research, first the meaning of custom and its types are briefly discussed, then we dealt with the main issue of the conflict between custom and custom and the preference of each of them. That is, when and where general custom takes precedence over specific custom. Or when practical custom is preferred to word, we have brought the criterion of preference here.Keywords: conflict, custom, preference, preference Manuscript profile -
Open Access Article
3 - A Comparative Study of Trickery, Examples and Ways to Deal with it in Imamiya Jurisprudence and Iranian and French Law
Babak Mohammadi Ghahfarokhi Davoud Nasiran (corresponding author) Masud ShiraniA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in orde MoreA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in order to acquire rights for the unjust in ways that are against the nature of the law, and in the term of French law, it means a shrewd act in which, by using the hidden defects of the law, a person seeks to perform a seemingly legal act. These different definitions have caused differences in examples of trickery and of course the solutions to deal with it. The present study is carried out through a descriptive-analytical method and tries to answer questions such as "What is the trick, examples and solutions to deal with it in Imamiya jurisprudence, Iranian and French law?" Examples of trickery in Imamiya jurisprudence are divided into three categories: Examples of real positive and legitimate tricks; examples of real negative and reprehensible tricks; Examples of formal tricks. Examples of tricks in Iranian and French laws can be divided into two parts: examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imamiya jurisprudence, there is no countermeasure for permissible tricks, but two solutions are proposed for haram (forbidden) tricks including the moral solution that means piety and the jurisprudential solution which means ruling on being haram (forbidden). The solutions to deal with trickery in Iranian law are the theory of motive or direction; the theory of good faith; the theory of preventing the abuse of the right; the theory of public order; the principle of compliance of the contract with the intention; the base of the arms; the principle of Sad Zaraye (avoiding doing harms), the principle of “Yu’amil al-Mukalaf bi Naqiz Maqsoudah”. Regarding the solutions to deal with trickery in French law, it is possible to refer to the strategies including implementing the laws of the European Union, establishing various institutions to fight trickery and fraud, identifying points covered by the law by digital technologies, determining case and subject laws, determining the punishment in the criminal laws. Manuscript profile -
Open Access Article
4 - Feasibility study of the development of hereditary factors
seyedhamed hoseini Amirreza Dehghani nia shirin shahiThe present study has addressed the issue of whether it is possible to develop the causes of inheritance due to the role of will in hereditary factors or not? The answer to this question is expressed by explaining the role of will in hereditary factors and examining the MoreThe present study has addressed the issue of whether it is possible to develop the causes of inheritance due to the role of will in hereditary factors or not? The answer to this question is expressed by explaining the role of will in hereditary factors and examining the abolition of characteristics and texts that are in conflict with the development of hereditary factors, whose development has been proposed through two perspectives. The first view is obtained by the absolute view of voluntariness and the principle of voluntariness in actions in such a way that we can make the condition of inheritance in contracts that are the result of agreement of wills, and the second view introduces the Ḍimān Jarirah Guardianship as a contract of protection and responsibility and considers this guardianship as a cause of inheritance that has no characteristics, so its characteristic can be revoked. So, there are some cases that are examples of this guardianship, such as adoption and child contract derived from gamete donation. In all these cases, there is a kind of support and responsibility. Therefore, in the absence of kinship relationship, it will be possible to include the condition of inheritance in them. Manuscript profile -
Open Access Article
5 - Investigating relationship between the combination of fatwa and leniency in ijtihad
Abdolvahab Salimipour Mohammd Adel Zieaei Naser MarivaniTalfiq (integration) is defined as a combination of the different views of religious scholars which is not fully consistent with the exact views of any of them. It is aimed at facilitating religious assignments. Therefore, Talfiq enjoy commonalities with Taysir (facilit MoreTalfiq (integration) is defined as a combination of the different views of religious scholars which is not fully consistent with the exact views of any of them. It is aimed at facilitating religious assignments. Therefore, Talfiq enjoy commonalities with Taysir (facilitation) as a tenet in Islamic tradition and under rules such “removal of constrictions” and the “Yosr rule”. On the other hand, however, Talfiq may take place to relieve the religious obligations of an obligated person or actually lead to such a thing. .Some religious scholars believe that integration over a Fatwa is allowed in case of necessity since it leads to openings as well as removal of constrictions. Others have considered a wider application for Talfiq, arguing that it is allowed not only when necessary, but also when needed. It is evidenced upon Taysir (facilitation) and removal of constriction that could be applied to the relevant obligator. It seems that Taysir and Talfiq overlap each other, because every case of Talfiq is not necessarily considered as Taysir, and every case of Taysir is not necessarily categorized under Talfiq, although all cases of Talfiq ensure Tatsir in practice and especially in contemporary Fatwas. Manuscript profile