Jurisprudence and philosophical studies: 1 (49)

Open Access Article

1 - The Place of Sahleh (Tolerance) and Samheh (Forbearance) in Marriage and the Role of Islamic Government in this Regard
Narges Ariannejad Alireza Asgari Seyyed Hasan Abedian

The purpose of the present study is to review the application of the principles of Tasāhol (tolerance) and Tasāmoh (forbearance) in marriage with an emphasis on the current social condition. The method of study is analytic-descriptive and the results showed that some im More

The purpose of the present study is to review the application of the principles of Tasāhol (tolerance) and Tasāmoh (forbearance) in marriage with an emphasis on the current social condition. The method of study is analytic-descriptive and the results showed that some important principles of marriage that are evident in the words of infallible Imams (AS) cannot be ignored. However, many cultural, financial, academic and … differences that are sometimes created as a result of selfishness, fastidiousness, and willingness to a totally successful marriage (perfectionism); can postpone the normal age of marriage. In this regard, it is needed to facilitate the sacred way of marriage by giving up fastidiousness. With respect to the duty of maintaining family institution that is the responsibility of the Islamic system; the state and government of the Islamic Republic of Iran is obliged to propagate the culture of Tasāhol in marriage by making some decisions particularly in cultural issues so that the sacred measure of marriage would be possible for all the youth in the country. Manuscript profile

Open Access Article

2 - A Study of the Age of Puberty and its Concept from the View of Imāmiyah Jurisprudence
Mohammad Noori Hosein Ahmari SeyedMohsen Razmi

The purpose of the present study is to review the age of puberty and its concept from the view of Imāmiyah jurisprudence. The method of study is descriptive-analytic and the results indicate that in the Noble Qur'an, there is no mention of confirmation or negation of a More

The purpose of the present study is to review the age of puberty and its concept from the view of Imāmiyah jurisprudence. The method of study is descriptive-analytic and the results indicate that in the Noble Qur'an, there is no mention of confirmation or negation of a certain age for puberty. Pubic hair and nocturnal emission, not a certain age, have been mentioned as the natural signs for puberty in the verses so it shows that age is not an indicator to determine puberty. The question is whether the age of puberty is merely a religious and binding determination or it is based on some transformations that occur during the adolescence of every human. If it is not a merely binding issue, some other factors such as time, place, nutrition, economy, and … are effective on that. Reviewing the ideas of prior and recent jurists indicates that puberty is not a binding issue, but rather it is an external subject. Signs and symptoms mentioned by the holy legislator for puberty are not as a matter of ends but instruments. Manuscript profile

Open Access Article

3 - Jurisprudential-Juridical Foundations of Compensation for Attainable Benefits and Social Deprivation
Fazel Fazeli Davood Abbas Ali Heidary Mahmood Gauom zadah

The purpose of the present study is to review jurisprudential-juridical foundations of compensation for attainable benefits and social deprivation. The method of study is descriptive-analytic and the results indicate that in Islam, any canonical loss or injury to the bo More

The purpose of the present study is to review jurisprudential-juridical foundations of compensation for attainable benefits and social deprivation. The method of study is descriptive-analytic and the results indicate that in Islam, any canonical loss or injury to the body, dignity, and finance of Muslims should be compensated for by the one who caused the loss. The subject of attainable benefits and social deprivation in Imāmiyah jurisprudence is consistent with the title of Ta'zirāt and it is considered as an instance of canonical punishment. These essential plans attempted by the religion are binding. The source of juridical justice in the divine religions is the holy existence of God and both law and punishment are rooted in the divine will of God. Paying attention to jurisprudential foundations and the legitimacy of these punishments in the canonical law, derived from Islamic rights, is a necessity and inevitable. Punishment and social deprivation in all cases is not only unsuitable and inappropriate but also entails some negative consequences and deprives individuals of their legitimate and legal rights. Manuscript profile

Open Access Article

4 - Jurisprudential and Juridical Review of Solemn Malediction and its Role in Facilitating the Divorce Process of Couples
Mahnaz AsgariGhonche Mahdi Mirdadashi Mohammad Sadeghi

The purpose of the present study is jurisprudential and juridical analysis of solemn malediction and its role in facilitating the divorce process of couples. The method of study is descriptive-analytic and the results showed that with respect to jurisprudence and expedi More

The purpose of the present study is jurisprudential and juridical analysis of solemn malediction and its role in facilitating the divorce process of couples. The method of study is descriptive-analytic and the results showed that with respect to jurisprudence and expediency of maintaining the couples' life, it deems appropriate to execute solemn malediction, if its executive conditions and principles exist. Couples in some cases reach a dangerous stage where they cannot bear each other due to intense hatred, so the holy legislator wants to cut the relationship between them completely and permanently as soon as possible. It also prevents the couples to execute arbitrary punishment by themselves because in such circumstances lengthening the process of divorce is so risky. Therefore, it is suggested that the legislators by completing juridical deficiencies of the institution of solemn malediction and also executers by raising awareness in terms of this divine rule and consequences of false accusation of adultery to women, make use of the wisdoms in this institution to prevent family crimes and decrease social harms. Manuscript profile

Open Access Article

5 - Infallibility of Intuitive Insight from the View of Mullā Sadrā and 'Allāma Tabātabā'i
Ebrahim Arash Mohsen Fahim Mojtaba Jafari Alireza Fahim

The purpose of the present study is to review the outlook of Mullā Sadrā and 'Allāma Tabātabā'i about infallibility of intuitive insight. The method of study is descriptive-analytic and the results showed that in the theory of intuitive insight, Mullā Sadrā raises the t More

The purpose of the present study is to review the outlook of Mullā Sadrā and 'Allāma Tabātabā'i about infallibility of intuitive insight. The method of study is descriptive-analytic and the results showed that in the theory of intuitive insight, Mullā Sadrā raises the theory of perceptive faculty that is in accordance with his theory of substantial motion. Therefore, contrary to the theory of insight via abstraction, intuitive perception is inclined to rational insight. Mullā Sadrā has analyzed this subject by the critique of the theory of Intebā'āt (imprints) and Khorouj-e Sho'ā' (emission of ray). On the other hand, although 'Allāma Tabātabā'i confirms the theory of substantial motion and transformation of the knowledge by acquaintance to the knowledge by presence, in terms of intuitive insight, he believes in the theory of antecedence of basic confirmations and infallibility of intuitive perception. A consequence of this theory is the impact of imaginary perception on the comprehensibility of intuitive perception that is a sort of cause-and-effect relation. Manuscript profile

Open Access Article

6 - Jurisprudential Explanation of the Theme in the Third Verse of Surah al-Nesā’ and Analysis of the Disagreement over its Exact Date
Reyhaneh Emamjomeh Jafar Nekoonam Mehrdad Abbasi

The purpose of the present study is to explain the jurisprudential theme in the third verse of Surah an-Nesā’ and to review disagreements over its exact date. The method of study is descriptive-analytic and the results show that the approximate revelation date of More

The purpose of the present study is to explain the jurisprudential theme in the third verse of Surah an-Nesā’ and to review disagreements over its exact date. The method of study is descriptive-analytic and the results show that the approximate revelation date of the verses under study is related to after the battle of Uhod, the late third and the early fourth year of Hijrah. The subjects raised in these verses are mostly about social relations among Muslims. This type of relationship is related to the era after Hijrah and the 10-year time period during the Prophet Muhammad’s (PBUH) prophethood. Another subject mentioned in these verses is related to the custody of widowed women and orphan children and taking care of them and that upon the marriage of those widowed women, a supporter and instructor would be provided for their children. Manuscript profile

Open Access Article

7 - An Analysis of the Status of the Soul in Mulla Sadra’s School
roya banakar hadi vasei Mohammad Fooladivanda

the status of the soul in Mulla Sadra’s school of thought. According to Mulla Sadra, the secret of human immortality and happiness is religiosity, self-purification, faith and righteous deeds. Mulla Sadra believes that four types of beings in the universe, includi More

the status of the soul in Mulla Sadra’s school of thought. According to Mulla Sadra, the secret of human immortality and happiness is religiosity, self-purification, faith and righteous deeds. Mulla Sadra believes that four types of beings in the universe, including plants, animals, humans, and the celestial souls, have souls. Observing the effects of life, in these three beings (except the celestial souls), he considers a form of perfection that is emanated to matter which is called “soul” in philosophical terms. The lowest level of the soul is the vegetable soul, then the animal soul, but the most honorable level is the human soul. Based on his existential principles, including “the theory of substantial motion” and “the theory of existential gradation”, he proposed a completely different theory in this discussion.Based on his existential principles, including “the theory of substantial motion” and “the theory of existential gradation”, he proposed a completely different theory in this discussion.Keywords: soul, Mulla Sadra, completion of the soul. Manuscript profile

XML

List of Articles