• Home
  • تاریخ فقه
    • List of Articles تاریخ فقه

      • Open Access Article

        1 - Social aspects in juridical school of Hillah
        mahboobe hosseini ozra entekhabian mohsen razmi
        How are the social aspects of a school depicted at a historical juncture, and what role can jurists play in these aspects? In order to reach the answer to this question, in the model of juridical school of Hillah, with a descriptive-analytical approach, it examines hist More
        How are the social aspects of a school depicted at a historical juncture, and what role can jurists play in these aspects? In order to reach the answer to this question, in the model of juridical school of Hillah, with a descriptive-analytical approach, it examines historical reports and jurisprudential and principled propositions. This essay first depicts the social phenomena that stood in front of the jurists of the Hillah school; Phenomena such as the Mongol War, popular uprisings against the Mongols, saviorism, tribalism, the multiplicity of religions and sects, the political and economic geographical location of Hillah, and the background of the social status of the Hillah jurists. Then he observes the scientific and practical works and activities of the jurists of Hillah in the social aspects with regard to this space. The result of this observation is the inference of the four aspects of "spirituality", "education", "reasoning rationalism" and "social interaction" and their types and varieties. In the final analysis, it is stated that the jurists, according to the principles of Sharia and doctrinal principles, succeeded in reforming and social guidance in a way that was more principled and broader than many rival governmental and social achievements. This success brought with it another double and reciprocal success, and that is the dynamism and development of the branches of jurisprudence, the principles of jurisprudence and the theological(kalam) foundations of Shia jurisprudence. Manuscript profile
      • Open Access Article

        2 - Ignorant Era Jurisprudence The nature, resources, the principles and applications
        Mohammad Bagher Amerinia
        Importance of studying the background of Islamic jurisprudence is not covered for anyone. What nowadays is known as old jurisprudence and rooted in the field of religious canonization is introduced; in fact, a developed form of a system of history which the lessons of p More
        Importance of studying the background of Islamic jurisprudence is not covered for anyone. What nowadays is known as old jurisprudence and rooted in the field of religious canonization is introduced; in fact, a developed form of a system of history which the lessons of previous religions and commons always originated within simultaneous emergence of Islam, as so those installations are excepted from this process. The ignorant jurisprudence that was the same system of current law (even if simple) among the people in the age of pagan Arabs especially in the field of business and always within commons, was the most important historic background formation in the Islamic civilization that identified need assessment and introduced.This article dealing with the etymology of subject, analysis and applied manners and customs of the age, is trying to introduce Arabic ignorant religious jurisprudence studies, the principles and origins to identify it, and eventually the applicable role in religious Islamic jurisprudence and how to use it in the field. Manuscript profile
      • Open Access Article

        3 - A Research on the Periodography of the Imamiyah Jurisprudence
        mansour amirzadeh jirkoli Akbar Fallah
        The science of jurisprudence has witnessed many ups and downs and has gone through different periods since its emergence. However, periodography of jurisprudence is a newborn field of study.Knowledge of the historyof jurisprudence and its periods and the status of juris More
        The science of jurisprudence has witnessed many ups and downs and has gone through different periods since its emergence. However, periodography of jurisprudence is a newborn field of study.Knowledge of the historyof jurisprudence and its periods and the status of jurisprudential practice in different periods can assist in a better understanding of jurisprudence and factors affecting its ups and downs. Sunni scholars have begun to write distinctly about the history of jurisprudence before Shia scholars, but they have failed to refer to the Shia history as an independent phenomenon. Shia jurisprudence historians have categorized Shia jurisprudence into different periods each using their own specific criterions. For instance, Shehābi has investigated different periods of jurisprudence based on time criterion, while Āsefi has studied the history of jurisprudence based on location criterion. This study used an analytical-descriptive method and contains two parts: the first part reports on ten cases of general periodographies of Imamiyah jurisprudence and then the related works has been analyzed following each case. In the second part of the paper, the authors have discussed Imamiyah jurisprudence within thirteen periods with respect to the development of jurisprudence due to the gradual evolution of jurisprudents' views. Manuscript profile