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Open Access Article
1 - The First Critical Movement of Shiite Hadith
Mohammad Forqan GoharCritical approach of authenticity of a hadith (narration) based on specific criterion, received little attention by "Shia". It might be due to the lack of knowledge about this method during the time of the Imams (a.s) however, one can identify the first movement to look MoreCritical approach of authenticity of a hadith (narration) based on specific criterion, received little attention by "Shia". It might be due to the lack of knowledge about this method during the time of the Imams (a.s) however, one can identify the first movement to look at the written-hadith heritage using critical approach in the Shi’i Imams era. In this research, we are going to analyze the causality and the manner in which this critical movement of Shiite hadith appeared and its procedure in dealing with narrations. And also we will examine the way in which this movement interacted with the traditions through the historical-narrative method.” Identifying Ghulat (extreme exaggerators) and their role in the Shiite written heritage is the most important achievement of this critical movement. The most valuable outcome of this movement is the compilation of books which criticizing the narrators and text, the gathering of authentic Ahadith and spreading the culture of exposing Ahadith to the Imams and comparing with Quran and Sunnah. Manuscript profile -
Open Access Article
2 - 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
3 - An Examination of the Evidential Value of Testimony in Imamiya Jurisprudence and Iran's Legal System and the Impact of Psychological Factors on Testimony
Heidar Fatahi (Corresponding author) Ruhollah Sepehri Abbas PahlevanzadehThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadith MoreThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadiths narrated from the pure and infallible Ahl al-Bayt, as well as the companions of the Prophet Mohammad, there is a lot of emphasis on this. In some cases, there are differences of viewpoints among Islamic denominations regarding the conditions of the witness. For example, there is a difference in the testimony of a child, but there is consensus among jurists in the area of reason and legitimacy of the person. On the other hand, the impact on the legal concept of testimony is also something that cannot be hidden, which has received special attention in recent decades. Of course, in the legislative system, this important issue has not been taken care of as much as it should be, but psychological needs have caused legal scholars to deal with this issue. This is because the impact of some factors such as mental habits, age, race, personality, feelings, and emotions on the testimony is so important that it can cause irreparable damage. Manuscript profile -
Open Access Article
4 - The feasibility study of access to a common governance pattern among Islamic religions, with an emphasis on the role of the people
Mohamad Ahangaran Mohammad BeiroutiIslamic countries have the potential to converge in governmental jurisprudence; given the lack of divine sovereignty and the acceptance of the right to vote, explaining a common paradigm for electing a ruler seems a necessity.To elaborate on a common government model, f MoreIslamic countries have the potential to converge in governmental jurisprudence; given the lack of divine sovereignty and the acceptance of the right to vote, explaining a common paradigm for electing a ruler seems a necessity.To elaborate on a common government model, first the Sunnis presented templates include (forming salinity, marriage, intercession, conversion) executed by the people's allegiance, and of the three contemporary political ideas of Shi'a jurisprudence, two models (the Velayat-e Faqih and the Electoral Theory). We have put forward the theory of appointing a governor of the jurisprudence) for the ruling party. Salinity is endorsed by Islamic religions as a common paradigm (regardless of the foundations of formation).The patterns presented in the Islamic community's exponential balance have been explored in terms of corruption and corruption. Among all the patterns of government, there are materials and purposes that can be ignored; creating salience for the ruler.The challenge with which the pattern of shared government is in clear conflict is the acceptance of "sovereignty" and "supremacy" in Islamic societies. In the "domination" model, the government in Islam is presented as chaos, and in the "domination" model, in fact, the will of the people is impassable for the ruler. Manuscript profile -
Open Access Article
5 - the validity of absolute conjecture and its function in the new issues in terms of Imamiyah Jurisprudence
mohammad etemadi hormoz asadikoohbad Sayyed Hassan HosseiniAnalyzing the validity of absolute conjecture in response to the new issues in terms of Imamiyah Jurisprudence Abstract Absolute conjecture is a conjecture that there is no any definitive reason for the conjecture, including rational and narrated reason, except for th MoreAnalyzing the validity of absolute conjecture in response to the new issues in terms of Imamiyah Jurisprudence Abstract Absolute conjecture is a conjecture that there is no any definitive reason for the conjecture, including rational and narrated reason, except for the cause of the great obstruction; as there is no a particular reason for its lack of validity. The great obstruction means: At this time and the same time, it is impossible to obtain the knowledge of sentences and religious duties, because of the lack of access to the holy legislator and obtaining duty; on the other side, it is not possible to leave the duties; so, it is necessary to act based on conjecture and both basic and absolute conjecture have the validity. The current study considers absolute conjecture as the proof by this reasoning, and then, is concluded by expressing the jurisprudence approaches to the new issues and topics as follows: the advancement of science has caused the new issues in human life and wide and complicated social relations, that In the past, there were not these issues and relations and the effects of necessary laws, so the jurisprudent and the . Manuscript profile -
Open Access Article
6 - A Research on the Periodography of the Imamiyah Jurisprudence
mansour amirzadeh jirkoli Akbar FallahThe 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 MoreThe 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 -
Open Access Article
7 - Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader
Valiollah Hedarnejad Mahmod Jamal-aldin ZanjaniAfter the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the consti MoreAfter the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the constitution, it becomes clear that the withdrawal is meant to be the same as the so-called resignation which must be approved by the Assembly of Leadership Experts. However, the lack of anticipation of the mechanism for the resignation of the Supreme Leader, authority for its acceptance and its quorum in the Constitution and the internal regulations of the Assembly of Leadership Experts is a source of criticism. From the point of view of Imamiyyah jurists, leadership (velayah) is one of the categories of decrees, so it cannot be revoked and handed over and it is not possible for the ruler to resign. On the other hand, acceptance and continuation of the position of Velayat-e-Faqih is a religious duty. If the position of Velayat-e-Amr is determined in a single and specific person, the obligation of Velayat-e-Amr will be an imperative obligation and he can not refrain from continuing it. However, if there are numerous people who are qualified and leadership is not exclusively assigned to a specific person, and the resignation of the leader does not have a corrupt consequence in the maintaining of the system and is not against the interests of the Islamic society, after the approval of the Assembly of Leadership Experts, resignation of the leader is possible. A governmental study of the life of Imam Ali (PBUH) also shows that in the most difficult circumstances, as a divine duty, he was in charge of the Islamic society with strength, submission and leadership, and the doubt in his resignation from the government after the third caliph is lacking in prestige. There is no consensus among Sunnis on the permission and posibility of the caliph's resignation, but generally the permission to resign has not been accepted in the first place, and it is generally held that the resignation of the caliph is not permissible if there is no one to replace him. The caliph is restricted even among Sunnis. Manuscript profile -
Open Access Article
8 - Functions and territory of the people's participation and Non governmental organizations in the criminal prosecution process based on Imamiyah jurisprudence
rouzbeh asghari hasan hajitabar firozjaee Abolhasan ShakeriThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the crimi MoreThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the criminal justice system in preventing delinquency by resorting to unilateral and repressive approaches led scholars of the criminal rights to think about the policies of "non-intervention of criminal rights" or in its modified form, "limiting its intervention in the criminal process" and instead of that, introducing more people and social institutions.The conclusion of the research is that Iran's criminal justice system influenced by the developments of criminal sciences and inspired by the basics of jurisprudential and trusted by civil society and in order to take advantage of popular participation capacity and social institutions, proceed to predicting institutions such as criminal mediation, recognizing non-govermental organizations and alternative penalties.This matter in Imamiyah jurisprudence as the main source of Iran's criminal law has emerged obviously in all stages of criminal proceedings, even before conducting the criminal process. Manuscript profile -
Open Access Article
9 - Analytical Study of Severity to Proving Crimes in Fiqh Imamiyah
Soraya Moniri Rahim Vakilzadeh In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Is More In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Islamic Sharia tries, due to this remedy, to use the firmest reasons as positive reasons of crimes in order to, in the one hand, the vice and the ugliness which happen in the society to be hidden and reputation of people that is one of the purposes of Islamic Sharia to be reserved not to be stained and their sanctity no to be easily destroyed and their human generosity is reserved. On the other hand, the spreading corruption and ugliness are prevented in the society. It is because revealing and discovering crimes are accompanied with publishing related news. As a result, if the news about the occurrence of crimes are repeatedly published among people, the greatness of crimes are reduced and indecency and ugliness of crimes are cleared form their minds. As a result, this makes contamination to the crimes easy and simple and this is the most dangerous phenomenon which threatens the security and organization of the society. Manuscript profile -
Open Access Article
10 - Enemyology and methods of interacting with enemies according to the Qur'an, hadiths and Imamiyah Jurisprudence
Isa Haghi Mostafa Rajaipour Hossein AhmariOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wive MoreOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wives and children", "infidels and polytheists", "some People of the Book, especially Jews" and "hypocrites". The Prophet, on the one hand, fought culturally and socially against idolatry, atheism, and hypocrisy in belief and practice, and the triangle of atheism, polytheism, and hypocrisy was also placed against him during his mission and did not give up any struggle against and monotheism. The current research aims to know the components of interaction with the enemy according to the Qur'an, hadiths and Imamiyah Jurisprudence. The research method is descriptive-analytical using library and documentary sources. The results of the research show that Holy Qur'an teaches us what special method we should use in confronting each of the enemies. In clearer words, it teaches Muslims the way to deal with Satan, Nafs-Amara, infidels, etc. separately, and also, it puts a special way to deal with every enemy's method. Among these methods are Faith and trust in God, abandoning sins, constant remembrance of God, seeking refuge in God, self-purification, fearing God and restraining the soul from whims and desires, surrendering oneself and affairs to God, cutting off all communication and friendship other than God, declaring a clear position of disliking them, cultural struggle through the Qur'an, religious insight and tolerance, interaction with the enemy. Manuscript profile
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