• Home
  • Imamiyeh jurisprudence
    • List of Articles Imamiyeh jurisprudence

      • Open Access Article

        1 - Studying the Divorce Right of Women in Imamiyeh Jurisprudence
        Foroozan Alaie Novin
        Family plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divor More
        Family plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divorce right as the right for men and leave some exceptions for women. The present article studies the different points of view of jurisprudents on the right of divorce in the cases that this right is given to women such as power of attorney to other than wife, when both wife and husband desire to divorce (Osro Haraj). Manuscript profile
      • Open Access Article

        2 - Judicial Study of Blood Money Considering the Present-time Conditions
        Mahmoud Aghajani Ahmad Abedini mohammadali heidari Nadali Ashoori
        This research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or n More
        This research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or not? Or is it logical that the slaughterer have arbitrary choice over these six forms of payment?  According to Shiite Religious Jurisprudents’ fatwa and the Words, the blood money of manslaughter of a Muslim male is said to be in one of the six forms (camel, ox, sheep, Dirham, Dinar, Yamani Hilla). The most prominent Shiite religious jurisprudents believe that the slaughterer is free to choose among these said forms, but the results of this study shows firstly that these six forms of blood money payment are not valid at the present time, rather, what was intended by the religious lawgiver had been some amount of money determined by the Islamic ruler in accordance with Sharia’s references and the era’s conditions to be paid to the slaughtered in order to prevent the blood of a Muslim going to waste, secondly that the arbitrary choice of slaughterer in the form of payment is not logical at present conditions. So it is recommended that the amount of blood money and the arbitrary choice of the slaughterer be revised by the Shiite religious jurisprudents with religious deducing according to present time conditions. The method of this study is descriptive-analytical in which the necessary information has been gathered by studying The Words and reviewing some of the prominent Shiite’s religious jurisprudents verdict on manslaughter’s blood money Manuscript profile
      • Open Access Article

        3 - A Feasibility Study of Plurality of Authorities in the Age of Nations-States in the Views of Imamiyeh Jurisprudence and International Law System
        Mahdieh Zarea KHormizi Sayyad Mohammad Haydari KHormizi Ebrahim Yaghoti
        According to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authorit More
        According to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authoritative guardianship position, however, in the contemporary world, due to political considerations, an all-inclusive borderless guardianship of jurist over Muslims is challenged by international law system. Thus, the current research is an attempt to study the feasibility of the polarity of authorities in the age of nations-states and then develop a strategy which helps the goals of the guardianship system of jurists fulfilled. It is concluded that, there is not any inherent limitation in Imamiyeh jurisprudence for applying absolute authority but its feasibility beyond borders is challenged by political impediments (also called international legal system). Thus, considering these limitations, the theory of plurality of authorities is not only beyond the boundaries of flaw but also serves as the best strategy for fulfillment of new Islamic civilization. Manuscript profile