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Journal of Fiqh and Usul
    The effort of fuqahā (the jurists) is aimed at deriving the Sharʿī (legal) ruling and explaining the ruling in all areas and different aspects, including its types, ʾIjzā and its phases. They discuss the process of deriving a... more
    The effort of fuqahā (the jurists) is aimed at deriving the Sharʿī (legal) ruling and explaining the ruling in all areas and different aspects, including its types, ʾIjzā and its phases. They discuss the process of deriving a jurisprudential ruling from the phases of issue and creation of the ruling, its actuality and Tanajjuz. In the meantime, the study of the phase of Tanajjuz is very important, although this phase has not been discussed in ʿIlm-i ʾUṣūl under an independent title, it has been the focus of several important discussions of ʾUṣūl (principles), including the practical principles, ʾIjzā, and Musqaṭāt (abrogating elements) of rulings. In this article various issues related to the position of the Tanajjuz have been clarified by adopting the descriptive-analytical method.
    From the viewpoint of Shahīd Șadr, the distinctive feature of the new era of knowledge of ʾUṣūl (principles)-whose founder is Vaḥīd Bihbahānī-is the role of the personal state in the jurisprudence of the jurists of this era. He considers... more
    From the viewpoint of Shahīd Șadr, the distinctive feature of the new era of knowledge of ʾUṣūl (principles)-whose founder is Vaḥīd Bihbahānī-is the role of the personal state in the jurisprudence of the jurists of this era. He considers some jurists such as Shaikh ʾAnṣārī to be influenced by this characteristic. Șadr believes that this has led them to contradictions in their fundamental and jurisprudential views. This essay adopts the descriptive-analytical method to explain Shahīd Șadr's viewpoint and to collect documents through the words of jurists such as Shaikh ʾAnṣārī. According to the findings, the statement of Shahīd Șadr faces some problems, including the fact that he did not make his intention clear about the psychological state; Therefore, the inclusion of this element is not known for institutions such as obligatory precaution. Another problem is that it seems that there is basically no contradiction and confusion in the jurisprudence of the mentioned jurists in this regard, and as a result, the distinction Șadr made between Muḥaqqiq Khuʾī and the jurists before him is meaningless.
    The school of Mutikallimān-theologians-(Baghdad) lost its effectiveness over time due to the loss of the first books and works, and this inefficiency showed itself more with the emergence of a wave of Shādh fatwās (exceptional rulings) in... more
    The school of Mutikallimān-theologians-(Baghdad) lost its effectiveness over time due to the loss of the first books and works, and this inefficiency showed itself more with the emergence of a wave of Shādh fatwās (exceptional rulings) in the jurisprudence of ʾIbn Idrīs Hillī. Additionally, Shīʿa jurisprudence was criticized by the opponents due to its simplicity, and therefore the raging wave of opposition to Khabar-i Vāḥid gradually subsided and the theory of the authenticity of Khabar-i Vāḥid was proposed by ʿAllāmih Ḥillī. ʿAllāmih Ḥillī, unlike his predecessors, established various arguments about the authenticity of Khabar-i Vāḥid, and following the theory of the authenticity of Khabar-i Vāḥid, the discussion of the narrators' conditions also became relevant and important, and the dual-centered division of traditions was replaced by Tanwīʿ-i rubāʿī (four-fold diversification). Among these four types, ʿAllāmih considered the Muvaththaq as lacking in authenticity due to the requirement of faith and considered only the Șiḥāḥ and the Ḥassān as accepted. But on the other hand, he offered solutions to bring himself closer to the early companions in practice and to authenticate the narrations which are not Ḥassān or Șiḥāḥ, and the theory of ʾInjibār (compensation) was the most important tool to achieve this
    One of the topics worthy of research is the difference between worship and non-worship rulings in terms of inference and their form. This issue has been investigated in this essay, using on the descriptive-analytical method. The most... more
    One of the topics worthy of research is the difference between worship and non-worship rulings in terms of inference and their form. This issue has been investigated in this essay, using on the descriptive-analytical method. The most important differences obtained are: the first rule is a) being sharʿī of the nature, ruling and criterion of worship rulings, b) rationality of the nature, ruling and criterion of non-worship rulings c) discovering the position of the Sharīʿah from the none rejected Sīrah in worship rulings and not discovering his position from the non-rejected Sīrah in non-worship d) the implication of innocent Imām's act on recommendation in acts of worship and not implying recommendation in non-worship, the first rule is the stability of quantitative restrictions in acts of worship and the absence of such a rule in non-worships, the first rule is the issuance in the place of expressing the position of the Sharīʿah in acts of worship and the absence of the first rule in acts of none worship, the first rule is nongeneralization in acts of worship and the absence of the first rule of non-generalization in acts of none worship.
    Women's rights are one of the important legal fields facing different views in traditional jurisprudence, all of which are rooted in foundations and methods. The fundamental question is what are the foundations and practical challenges of... more
    Women's rights are one of the important legal fields facing different views in traditional jurisprudence, all of which are rooted in foundations and methods. The fundamental question is what are the foundations and practical challenges of rebuilding the traditional jurisprudence approach to women's rights. Employing a critical-analytical approach and focusing on the findings of traditional jurists, the present article tries to answer the above question and identify areas in which the approach of traditional jurisprudence in the category of women's rights needs re-reading. The findings of this research show that the challenges to the traditional approach and its foundations in women's rights are multiplying and increasing, so that it can bring the role of this jurisprudential approach in human life to a crisis, and this involves the need to update and modernize the traditional approach to jurisprudence in order to be present in the public and humanitarian sphere in the surrounding world. In this article, after explaining the concepts, only parts of the challenging foundations of the traditional approach to women's rights have been investigated, including the human personality, the legal personality and the spiritual personality of the woman.
    One of the most widely used rules in the inferring rulings is Al-ʿIbrah bi ʿUmūm al-lafẓ, lā bi khusūs al-sabab, which helps the jurist in identifying the scope of the ruling. Most of the aḥadīth that contain a general ruling have been... more
    One of the most widely used rules in the inferring rulings is Al-ʿIbrah bi ʿUmūm al-lafẓ, lā bi khusūs al-sabab, which helps the jurist in identifying the scope of the ruling. Most of the aḥadīth that contain a general ruling have been issued in response to the narrator's specific question, and whether the criterion in such aḥadīth is the generality of the answer of the infallible Imām or the nature of the narrator's question is a matter of debate. The narrator's question, as one of the reasons for the issuance of the ḥadīth, can restrict general answer, but the rule of Al-ʿIbrah emphasizes the inclusion of the answer. This article tries to present a detailed picture of this rule and where the rule is applied to the audience by reflecting on the basic theories and examining the reaction of the jurists to the rule of Al-ʿIbrah using a descriptiveanalytical method. The result of the research is that the rule of Al-ʿIbrah plays an important role in the development of Sharīʿah rules and is known as a revealing tool. Verbal and practical consensus, the Sīrah of Ahl al-Bayt, and the evidence of authenticity of Ẓavāhir suffice to establish the validity of this rule, and among the essential elements of this rule are: the Infallible's word preceding the question, the independence of Infallible's answer, and its non-contradiction with Sharīʿah rules.
    In the criminal laws of Iran, the realization of Rishāʾ (bribery) and Irtishāʾ (corruption) crimes is accepted in the public sector, but in the private sector, it is not considered criminal. Imāmī jurisprudence does not directly mention... more
    In the criminal laws of Iran, the realization of Rishāʾ (bribery) and Irtishāʾ (corruption) crimes is accepted in the public sector, but in the private sector, it is not considered criminal. Imāmī jurisprudence does not directly mention the possibility of bribery and corruption in the private sector, but it seems that it is possible to infer the prohibition of bribery and corruption in the private sector by considering the literal meaning of bribery, the application of verses and traditions, as well as the implication of reason and consensus, and then seek to criminalize bribery and corruption in the private sector. Considering the expansion of the process of privatization and the reduction of government employment, it does not seem logical to separate the private sector from the public sector regarding the crimes of bribery and corruption. In this essay, the criminalization of bribery and corruption in the private sector has been investigated by using a descriptiveanalytical method. It is concluded that the criminalization of this act has the support of verbal evidence and is in accordance with the rule of reason and the needs of the Islamic society, and it is necessary for us to move in the direction of criminalizing it in the Penal Code.
    Fracture of the nasal bone is one of the most common cases of fracture stated in jurisprudence books. It seems that the nose is absolutely considered as a single bone in jurisprudence books and the cost of its fracture is determined... more
    Fracture of the nasal bone is one of the most common cases of fracture stated in jurisprudence books. It seems that the nose is absolutely considered as a single bone in jurisprudence books and the cost of its fracture is determined according to this concept. This is despite the fact that the child's nasal bone is not completely connected and is considered as a group of multiple bones from the medical and customary point of view. The present article employs a critical-analytical method to analyze whether it is considered one fracture or two fractures if a fracture similar to an adult's fracture happens to a child's nose and leads to the breaking of two bones close to each other. A lack of related tradition in the issue of nasal bone fracture has complicated the investigation of this issue The research shows that among the evidences presented for the equality of nasal bone fractures in children and adults, there is enough evidence to prove equality. The most important reason that can be provided for the equality of the Dīyih is referring to the application of similar traditions in other bones of the child, which have a similar situation. The application of the words of the jurists in expressing the ruling on the issue of Dīyih for fracture also supports such a conclusion.
    The famous ʾUṣūlīs have considered the validity of Banā-yi ʿUqalā (The common performance of the wise) to be subject to the non-repeal of the Sharīʿah. The study of Muḥaqiq Isfahānī and Muḥammad Bāqir Șadr's views about Banā-yi ʿUqalā... more
    The famous ʾUṣūlīs have considered the validity of Banā-yi ʿUqalā (The common performance of the wise) to be subject to the non-repeal of the Sharīʿah. The study of Muḥaqiq Isfahānī and Muḥammad Bāqir Șadr's views about Banā-yi ʿUqalā shows that both of them, like other ʾUṣūlīs, considered the validity of Banā-yi ʿUqalā to depend on non-repeal; But they have introduced the validity of Banā-yi ʿUqalā as being based on rationality. Is it possible to arrive at the theory of the impossibility of deterring Banāt which are based on rationality by analyzing that they are based on rationality? This essay tries to represent the concept of rationality of Banāʾāt-i ʿUqalā by using a descriptive-analytical method. Based on this framework, the study proves the theory of the impossibility of deterring rationality-based Banāʾāt. The identification of the theory of the impossibility of deterrence from the rationality-based Sīrahs is done with the aim of achieving the validity of the Sīrahs after the era of the Innocents (pbuh), in addition to facilitating the compatibility of Islamic law with the rationality of the time. The research contends that the necessities of life and expediencies of the governing system are the determining factors of the rationality of Sīrah and any Banā which is based on the necessities of life and expediencies of the governing system is irrevocable.
    The obligation of Ḥajj for the oblige is conditioned not only by fulfilling the general conditions of the duty and having the power to travel the path, but also by affording the trip expenses and to support the family until the return.... more
    The obligation of Ḥajj for the oblige is conditioned not only by fulfilling the general conditions of the duty and having the power to travel the path, but also by affording the trip expenses and to support the family until the return. Sometimes a person finds an unstable ownership of the amount of money that is sufficient to perform Ḥajj, which is subject to deterioration. In this regard, it is important to decide whether such a person is eligible for the title of Mustaṭīʿ (capable) or whether unstable property is an obstacle to achieving financial affordability? Different perspectives are discussed regarding this issue. After analyzing and examining the evidence and opinions of the jurists by applying a descriptive-analytical method, the study concluded that the criterion for the realization of financial ability is the presence of two elements: the owner's permission to occupy and the knowledge of the nondestruction of his ownership. Based on this, in cases of unstable property where these two elements are present, the title of financial affordability and the obligation of Ḥajj are fulfilled, and in cases where one of these two elements or both are missing, affordability is not achieved.
    Doubts about the "Taklifee" ruling and not finding the "Amareh" is the way to adhere to the practical principle in order to remove the surprise in the position of action. Subjects of practical principles may be accompanied by necessary,... more
    Doubts about the "Taklifee" ruling and not finding the "Amareh" is the way to adhere to the practical principle in order to remove the surprise in the position of action. Subjects of practical principles may be accompanied by necessary, accompanying or required, whether Sharee or non-Shariee and whether direct or indirect. The scope and validity of each of these are examined in the principles of jurisprudence under the title of "Mosbet" principle. Regarding the validity of the "Mosbet" principle, there is a difference of opinion among the scholars. The scholars of the principles that do not consider the "Mosbet" principle to be a proof have insisted on it for reasons, the most important of which is the existence of conflict; This means that the "Mosbet" principle can prove non-Sharee works (rational or normal works) for what it indicates, which in this case, is in conflict with the principle of the absence of said works. Some scholars do not consider the "Mosbet" principle to be valid and authentic due to the existence of such an obstacle. On the other hand, some like Sheikh Ansari believe in the "Hokumat". From his point of view, basically, there is no conflict in the issue that can be used to invalidate the " Mosbet" principle. In this article, while examining and criticizing the existing views with an analytical method, the conclusion has been reached that the issue under discussion cannot be definitively considered as an example of conflict or "Hokumat", but in a new classification," Tafsi" must be belived; In this way, some examples of it are examples of conflict according to some bases, and some examples are examples of "Hokumat" based on other bases. Therefore, it is not possible to deny the validity of the "Mosbet" principle by insisting on the problem of conflict.
    The most important and widely used source of inference of Shari'a rulings is "Sunnah". In the definition of " Sunnah " the three forms of the word, the act and taghrir of infallible Imam are acceptable to the scholars of jurisprudence and... more
    The most important and widely used source of inference of Shari'a rulings is "Sunnah". In the definition of " Sunnah " the three forms of the word, the act and taghrir of infallible Imam are acceptable to the scholars of jurisprudence and principles. However, some have characterized and restricted these three forms as "abnormal". Such a restriction is to avoid some aspects of the life of the Infallibles (as), which are referred to as "sho'un". The number and names of these aspects or " sho'un" are usually discussed .On the other hand, we must find the " Sunnah" of the infallibles from the traditions. But not all traditions express " Sunnah".These traditions indicate the various "sho'un" of the Shar' or the Infallibles. Therefore, in order to deduce the fixed and permanent rules of Sharia, we must separate the traditions containing these rules from others. One of the ways to separate the traditions containing the rulings of shar' from others than that is to recognize the status of the basis of that traditions. The most important solution to this is to get help from contexts and evidence. In this article, an attempt has been made to state the "sho'un" of the Shar' based on the verses of the Qur'an. And also to present the various evidences in distinguishing the " sho'un" of the Shar' by mentioning examples from the jurists. Also, we try to answer these two questions: if the evidence does not help us, how do we find the " sho'un" of the basis of the tradition? Also, what is the validity and authenticity of these tradition? Key words: the "shan" of preaching, the " sho'un" of "Tashri" (legislation). Shar'i rulings, evidence, the principle of "Tashri"
    The legal literature regarding "Ehsani" (benevolence) legal acts is not very strong and there is no complete definition about them, and their nature is not properly identified. In this article, by stating the elements of benevolence of a... more
    The legal literature regarding "Ehsani" (benevolence) legal acts is not very strong and there is no complete definition about them, and their nature is not properly identified. In this article, by stating the elements of benevolence of a legal act, it has been concluded that benevolent legal acts are a group of legal acts that bring benefits to the other party without any consideration or guarantee. It seems that the right way to know the nature of legal acts is to analyze the nature of offer and acceptance. Offer and acceptance in a bargain (exchange contract), involves the transfer of the ownership of considerations. Therefore, most of jurists have considered offer and acceptance as "Inshaee" (creative). But acceptance in benevolence legal acts is simply the possession of the property from the other party. In these acts, acceptance does not involve the transfer of ownership and it is only consent to the requirements of the offer; As a result, benevolence legal actions consist of a request and consent to it. Consent to a legal act is a legal event that is realized without the need for an "Insha" and with silence and non-refusal; Therefore, the nature of benevolence legal acts is the offer based on none refusal.
    Conceptology and the correct understanding of words is a scientific discussion because understanding concepts plays a major role in judging scientific evaluations. The word "Tasalom" is one of the most widely used words in contemporary... more
    Conceptology and the correct understanding of words is a scientific discussion because understanding concepts plays a major role in judging scientific evaluations. The word "Tasalom" is one of the most widely used words in contemporary jurisprudential texts that identifying its position and how to use it can play an important role in understanding jurisprudential content and valuing it. In this article, in a descriptive and analytical way, we have tried to identify this concept and examine its relationship with other similar concepts such as consensus, non-contradiction, agreement, fatwa reputation, and necessity. According to research findings," Tasalom" in terms of burden of jurisprudential concept is different from all seemingly similar words. Consensus requires the discovery of the infallible's opinion, and whether or not there is proof of the consensus is effective in its validity. Agreement and non-contradiction are either lower levels than consensus in the words of jurists, or a word synonymous with consensus that must meet the conditions of consensus. Fatwa reputation is also out of comparison with "Tasalom" due to the fact that its validity is lower than noncontradiction. The relationship between peace and jurisprudential necessity is also different, despite being more similar than others; Including in terms of comparative detail and inclusiveness in relation to all branches, the fact that the issue is certain in the eyes of the jurist who claimed "tasalom", and also its inclusiveness in relation to principle issues of principle in addition to jurisprudence. As a result, "tasalom" has no semantic affinity or synonymy with any of the mentioned concepts
    From the perspective of Imami jurisprudence and Iranian law, a pregnant woman whose husband has died or divorced her cannot marry anyone other than her ex-husband during pregnancy and must wait until childbirth; However, it has been seen... more
    From the perspective of Imami jurisprudence and Iranian law, a pregnant woman whose husband has died or divorced her cannot marry anyone other than her ex-husband during pregnancy and must wait until childbirth; However, it has been seen in some cases that a woman without a husband who got pregnant through illegitimate means was married to an adulterer or none adulterer at the time of pregnancy; Even in some cases, the couple finds out after marriage that the woman is pregnant by someone else. The verdict of these examples is not very clear. The question of the verdict of marrying a pregnant woman from an illegitimate relationship from the point of view of jurisprudence and Iranian law is an issue that needs to be explored until reaching a suitable answer. There are three opinions about the marriage of a pregnant adulteress: famous jurists believe that it is permissible, some jurists believe that it is not permissible, and some others believe "Tafsil" that is differrentiating. In this way, marriage is considered permissible, but intercourse and cohabitation during pregnancy are not permissible.This research shows in a descriptive and analytical way that the famous evidence is incomplete and the "tafsil" view based on the principle of innocence is a problem, because despite the generality of the chapter, it does not come to the flow of the principle. As a result, according to the weakness of the evidence of the first and third views, using the generality of the evidences of the obligation of Idah(a period of time that a woman cannot marry after divorce or her husband's death) and in order to preserve "Miah" (sperms) and lineage from mixing, marriage during pregnancy is not permissible. From the medical point of view, there is also the possibility of a pregnant woman getting pregnant again during pregnancy, which is called double pregnancy.
    Using the descriptive analytical method, the present article investigates the jurisprudential role of bribery in the realization of the crime of rent-seeking. According to the definition of bribery and the truth of its application in... more
    Using the descriptive analytical method, the present article investigates the jurisprudential role of bribery in the realization of the crime of rent-seeking. According to the definition of bribery and the truth of its application in cases other than rulings and judgments, what a rent-seeker grants another in order to enjoy a series of privileges that he does not deserve is considered bribery and according to the consensus of jurists, it is haram. By following the words of jurists, it becomes clear that the truthfulness of bribery is valid not only for money, but also for word and deed ; As a result, whatever the rent-seeking person does to the official in order to benefit from special privileges is a bribe. The person making the rent, who is the "Mortashi" (bribe receiver), is also required to return the bribe money and is a guarantor in this regard. The way to get rid of it is to return the property to the owner.
    Exchange value is one of the most important issues in economics, which is also considered in jurisprudence under the title of being property by jurists, and in both sciences, various theories about its origin have been presented. The... more
    Exchange value is one of the most important issues in economics, which is also considered in jurisprudence under the title of being property by jurists, and in both sciences, various theories about its origin have been presented. The study of common theories of value shows that in these theories, exchange value is looked at with a static view and it is referred to as a point result that is due to causes and factors that are the origin of value at a point in time. In this article, we are trying to prove that the value of exchange is the result of a dynamic, linear and flowing process, which reaches actuality from potentiality over time through different stages. In this regard, with the introduction of two types of property and exchange value, potential and current, and as a result, the distinction between potential and current property, it is clear that the neglect of the types of value on the one hand and the lack of accurate analysis of the process of value formation on the other hand, have become the source of differences and mistakes in value theories. .
    Every legal act requires distinction and will, and someone can have the will to perform legal acts that can distinguish different things from each other. Today, many mental disorders are spreading, which have a direct effect on people's... more
    Every legal act requires distinction and will, and someone can have the will to perform legal acts that can distinguish different things from each other. Today, many mental disorders are spreading, which have a direct effect on people's will and discernment and affect their social and economic activities. The basic question raised in this article is, what is the state of growth and, accordingly, the state of transactions of mania? Are the deals of these people "Safhi" (naïve) or not? The result of this research, using a descriptive-analytical method and library tools, is that mania in crucial degrees (mania) creates a disorder and the affected person loses his power of recognition and distinguishing in the state of mania and turns to harmful transactions or irrational indulgences. ; Therefore, according to experts' verification of the lack of growth of those affected in the state of mania, the transactions of this category of people in this state are invalid, and if this disease exists before the time of puberty and continues after that, the permission of the guardian is necessary, and if it happens after the time of maturity, it is necessary to determine and appoint a guardian by the court to protect his rights.
    One of the problems of the tradition of "Lazarar and Lazerar" is to plan and examine the effect of the presence or absence of the phrase " in Islam" in deducing its jurisprudential issues. In this regard, a comprehensive and independent... more
    One of the problems of the tradition of "Lazarar and Lazerar" is to plan and examine the effect of the presence or absence of the phrase " in Islam" in deducing its jurisprudential issues. In this regard, a comprehensive and independent research has not been done, and the present research is trying to do this and answer this main question and the related sub-questions by analytical reference and library method in such a way that the presence or absence of the phrase in Islam has a direct effect on the inference of the jurisprudential issues of this tradition.. This article has sought the effect of the presence of the phrase "in Islam" in the narration of "La zarar and La zarar" in the establishing nature of the verdict that is deduced from the tradition, as well as the negation of harm from the legal harmful relations between people, as well as compliance with the Shari'a rulings. Such a ruling is unprecedented in human legal schools.
    One of the important and practical topics in Imamiyyah jurisprudence is the discussion of Sharia tricks including the temporary marriage of a minor or infant girl in order to create privacy with her mother, without any serious intention... more
    One of the important and practical topics in Imamiyyah jurisprudence is the discussion of Sharia tricks including the temporary marriage of a minor or infant girl in order to create privacy with her mother, without any serious intention of marriage, neither by the minor's guardian nor by the person who wants to become "mahram" with the minor's mother. In this regard, opinions have been raised by jurists. Famous jurists have considered it as valid, permissible, and effective, and have issued a fatwa for the realization of privacy, and for this reason, it is popular among religious people and is easily performed. Famous jurists have considered it as valid, permissible, and effective, and have issued a fatwa for the realization of "Mahramiat", and for this reason, it is popular among religious people and is easily performed. However, some jurists, doubting its authenticity, have considered such a contract to be a problem and ruled that the marriage is not fulfilled. The writer has investigated this issue by descriptive and analytical method and using library tools and by analyzing the evidence and stating the problems of the popular view, he has come to the conclusion that the use of such an incorrect trick and the realization of privacy with it are faced with serious and fundamental doubts.
    There are at least five opinions about the obligation to cover hair in prayer: 1. The explicit fatwa on the obligation to cover all hair. 2. Obligatory caution regarding hair covering; 3. Not having to cover the head; 4. Not having to... more
    There are at least five opinions about the obligation to cover hair in prayer: 1. The explicit fatwa on the obligation to cover all hair. 2. Obligatory caution regarding hair covering; 3. Not having to cover the head; 4. Not having to cover hair privately. 5. The belief in differentiation and the need to specifically cover the hair in the area of the head. This difference is due to the reflections that exist in the language of evidence related to prayer cover. Considering the lack of independent research in this field and the fact that it is discussed in scientific gatherings as well as among religious people, it seems necessary to present an independent research in order to analyze the existing evidence, to express the reflections on the evidence related to prayer cover, as well as the reason for the difference in the fatwas of the jurists in this context, the non-fatwa of some of them on the obligation to cover all hair in prayer should be revealed. The news indicating that whole body of woman is private-orah-, the report of the act of her majesty Zahra (pbuh), the report of Zorara from Imam Baqir (pbuh), the report of Ibn Abi Yafoor from Imam Sadiq (pbuh), the Islamic sireh (way of life), the consensus and the rule of ishteghal, are the most important evidences, but the only evidences for the obligation to cover hair. Based on the findings of this descriptive-analytical research, all the proofs of the obligation to cover the hair outside the head area are debatable, and based on the assumption of a flaw in the application of the evidence of the obligation of prayer, by adhering to the principle of bara'ah, it is ruled that it is not obligatory to cover the hair outside the head area; Therefore, the fifth sentence seems to be valid.
    The originators of the fourfold division of hadiths thought of measures to include the news that does not have a valid document among the authentic traditions; They included some hadiths in the number of sehah(plural of sahih: a kind of... more
    The originators of the fourfold division of hadiths thought of measures to include the news that does not have a valid document among the authentic traditions; They included some hadiths in the number of sehah(plural of sahih: a kind of valid tradition), which are not considered sahih according to the new terminology. In this context, the most important tool was the theory of injebar, i.e. compensating for the weakness of the document in case of famous action. The later scholars of the Helleh school, that is, Mohaghegh Ardabili and his students, by turning their backs on the theory of injebar and on the other hand with the exclusiveness of authentic news in sahih news, abandoned a large part of the traditions, and with exceptions from the famous jurists's practice, practically eliminated the last means of strengthening the traditions. This is how the Akhbarians allegedly fearing losing tradition and necessity reviving the tradition of the early scholars, they rebelled against the school of ijtihad. In the meantime, some political, cultural and social factors were also effective in the formation and growth of Akhbarism, such as: the influence of Astarabadi on the intellectual atmosphere prevailing in Mecca and Medina, the support of Safavids for Akhbarism in order to increase the confrontation between Shiites and Sunnis and reduce the power of mujtahids, the popularity of Akhbarism's thinking and another thing is that the basic sciences of ijtihad, such as fiqh, the principles of jurisprudence, and the wisdom of hadith, have a Sunni origin.
    One of the duties of jurists is to respond to new issues. One of the newest human issues in the field of nutrition, which is caused by the increasing need of humans for new food and due to the progress of science and technology, is the... more
    One of the duties of jurists is to respond to new issues. One of the newest human issues in the field of nutrition, which is caused by the increasing need of humans for new food and due to the progress of science and technology, is the production of meat through cell culture in the laboratory. From a jurisprudential point of view, this issue has different dimensions that require comprehensive analysis. Is the principle of this work legally permissible or not? What is the status of produced meat in terms of taharat and najasat? And is it permissible to eat these meats on the assumption of taharat or not? These are the questions that the present article tries to answer by using the analytical descriptive method, and tried to examine the many aspects of the problem from different angles and open a way towards permission, taharat and heli'yat.
    Vazgeraee is a theory of meaning that was formed in the context of jurisprudence principles and comments on the process of encoding meaning for words, the nature of meaning, the existential structure of meaning, the relationship between... more
    Vazgeraee is a theory of meaning that was formed in the context of jurisprudence principles and comments on the process of encoding meaning for words, the nature of meaning, the existential structure of meaning, the relationship between words and meaning, and the process of decoding. In Vazgeraee, with an atomic view of meaning, the content of sentences is determined according to the meaning of constituent words and how they are arranged in the sentence. Each word indicates one or more fixed and determined meanings, that is, mental images, and this indication is also a valid process that takes place through indexing. In this article, after explaining the history of the formation of this theory, with a descriptive and analytical method, while explaining the mentioned components, the problems related to them are explained. According to the researches, this theory faces criticisms such as commitment to linguistic idealism, humanism of the word-coining process, reduction of meaning to the conceptual field, representationalism and wordism. Also, this theory defends a kind of text-oriented approach in the field of interpretation, which is not compatible with the mission of discovering the divine meaning. By examining and criticizing this theory, the author defends contextualism.
    The famous Imami jurisprudents, based on the traditions that negate the lineage and inheritance between the walad zina (the child of adulterine) and the natural parents, considered his heir in case he does not have a wife and children,... more
    The famous Imami jurisprudents, based on the traditions that negate the lineage and inheritance between the walad zina (the child of adulterine) and the natural parents, considered his heir in case he does not have a wife and children, the infallible Imam (a.s.) or his successor, and the legislator has also stated the same ruling in Article 553 of the Islamic Penal Code and declared it exclusively for blood money, while it can be inferred from the authentic traditions of this chapter, the opposite of the popular saying. In addition to that, the ambiguity in the concept of the walad zina and its verification method spreads from jurisprudence to the aforementioned law and makes the judge face the doubt of recognizing walad zina and, and necessarily in the cases presented, the parents are still presented as the heirs of the adulterine child Therefore, for the famous saying and the mentioned legal article, even on the assumption of no defect in the expression of the ruling, it is not expected to work much, unless the jurists and, accordingly, the legislator, resolve the ambiguity of the ruling and the issue with some limitations.
    The science of principles must rely on a kind of knowledge system that tries to explain the text of God's book, hadiths and their meaning; A science that is used as a tool for ijtihad and its output is a fatwa. The main part of this... more
    The science of principles must rely on a kind of knowledge system that tries to explain the text of God's book, hadiths and their meaning; A science that is used as a tool for ijtihad and its output is a fatwa. The main part of this requires the creation of a correct epistemological attitude in the definition of science and certainty, the proof of epistemology. The issues raised in the science of principles are to discover and deduce divine decrees; In both cases, informing about the creating of these real or credible rulings (notifying of the nature of the rulings) is itself a real matter and is described as true or false. One of the difficult issues in the epistemology of religious propositions is the truth or justification of these types of propositions. If the psychological certainty is sufficient to justify a belief in the science of principles, how can the truth of these propositions be combined with the possibility that they are examples of compound ignorance? In this article, by using the analytical descriptive method, we seek to answer this question and provide solutions to solve the problem of truth and justification in fundamental propositions.
    The spirit of the law is one of the sources of sentencing in criminal courts, and considering it as a source that conflicts with the principle of the legality of the crime and the principle of interpretation in favor of the accused, it... more
    The spirit of the law is one of the sources of sentencing in criminal courts, and considering it as a source that conflicts with the principle of the legality of the crime and the principle of interpretation in favor of the accused, it has prevented its proper use to issue a sentence; While its function is to fill the gaps and eliminate the shortcomings of the aforementioned two principles. This outward view has caused the term "spirit of the law" to not be reflected as much as it should be in criminal law. This legal institution does not seek to criminalize new issues. rather, in a logical way, it is trying to investigate the possibility of a limiting or expanding the legal issues to involved or similar new issues so that the sentence prescribed in the law is applied to other issues, observing the principle of proportionality of crime and punishment. Its full function is also based on the rule of "Al-Tazir le kol'e act muharram"a jurisprudential rule meaning there can be a sort of punishment for every haram act.-in Taziratpunishment-. The spirit of the law also has a jurisprudential aspect, and it has appeared in jurisprudence as the spirit or taste of sharia , and delelet tanbih, elghaee faregh , and the appropriateness of the ruling and subject matter, and custom can be considered as evidence of its authenticity. The spirit of the law as an extracted ruling is based on the discussion of words and has a preliminary position for the discovery of rulings on practical principles, including the interpretation in favor of the accused and narrow interpretation.In this article, this institution of criminal law, as one of the sources of sentencing, has been investigated with a descriptive and analytical method, and in order to apply it, examples of legal texts have been mentioned in all stages. Key words: the spirit of the law, reference to the spirit of the law, determination of punishment, development of the issue of criminal sentences, tazirat, proportionality of responsibility and punishment.
    Famous later osulies believe that a tradition can be cited if its narrators are trustworthy; Therefore, a tradition that has even an untrustworthy narrator is not worthy of citation. Based on this, a weak tradition is not only a tradition... more
    Famous later osulies believe that a tradition can be cited if its narrators are trustworthy; Therefore, a tradition that has even an untrustworthy narrator is not worthy of citation. Based on this, a weak tradition is not only a tradition in which there is a flaw in its narration; Rather, the mere lack of verification is the reason for ruling the tradition invalid. In the meantime, it seems that the Shareh has prioritized trustworthy, as long as the contrary has not been proven. This principle is actually a shari decree and a way of verifying reliability; Therefore, according to the authenticity of trust, Mohmalin are authentic. According to some evidences of the authenticity of Khabar Vahed, we need to authenticity of trust, and according to some other evidences, the result the authenticity of trust is obtained in another way. In this research, using library sources and using a descriptive analytical method, the theory of the authenticity of trust has been investigated and the result obtained is that according to some traditions and the rules of authenticity, the news of someone who is known as an Imami narrator in the books of Rejall and does not have an explicit confirmation nor weakening is valid.
    There are different interpretations of Shia hadiths about marriage and couple. In some hadiths, marriage is interpreted as sale and the couple is considered as a customer. This article is prepared with the aim of analyzing the... more
    There are different interpretations of Shia hadiths about marriage and couple. In some hadiths, marriage is interpreted as sale and the couple is considered as a customer. This article is prepared with the aim of analyzing the implications of seven hadiths about considering the couple as a customer and its consequences in the opinion of Imami jurists, regardless of the strength or weakness of the chain of transmission. The two main questions are as follows: Has considering the couple as a customer in the Shia hadiths influenced the opinions of Imami jurists? Is the application of the word "customer" for a couple in the phrase "He perchase her for the highest price" a real application? In a descriptive and analytical research, the author has found these answers that the early emergence of hadiths suggests that the marriage contract should be an exchange and the couple should be a customer. This apparent indication has influenced some opinions of jurists, and has resulted in jurisprudential issues such as: the permissibility of man's looking in proposing ceremony, the right to imprison the wife, etc. According to the author, marriage is not a sale, and the husband is not a real customer, and the financial obligations of the couple, such as dowry, are a secondary aspect of the marriage contract, and comments such as " He perchase her for the highest price " and "hired as amother" and "because the woman is the seller of soul" in the hadiths are metaphors.
    Guardianship over the marriage of the virgin Rashidah is a controversial issue among Imami jurists. In this matter, following the unpopular opinion in Article 1043, Iran's civil law has accepted such a guardianship and following the... more
    Guardianship over the marriage of the virgin Rashidah is a controversial issue among Imami jurists. In this matter, following the unpopular opinion in Article 1043, Iran's civil law has accepted such a guardianship and following the jurists' view of the validity of the guardian's permission, it has been decided that if the guardian refuses to give permission without a valid reason, the validity of his permission will be revoked. The challenging issue is that in the case of unjustified obstruction, the guardian's guardianship is lost only in relation to the azl or in general and in all matters ? After following the arguments and opinions of the jurists and analyzing the mentioned issue through the analytical method of documents, the author has come to the belief that the proof of such guardianship is only for the purpose of respecting the interests of the pupil and in case of the guardian's azl, his incompetence and betrayal are confirmed. By referring to the traditions passed down from the infallible imams (a.s.), the appropriateness of the ruling and the subject matter, the argument on the analogy of priority and the rules of la haraj and la zarar(no-harm and no-damage), the certainty of the proof of the right of guardianship, the rule of action for damage and the principle of isteshab, it can be acknowledged that such a prevention causes the complete downfall of the guardianship and the independence of the mature virgin.
    Undoubtedly, knowing the Usuli opinions of each jurist plays a significant role in understanding his jurisprudential approach. Ayatollah Sayyed Ahmad Khansari, the author of the precious book Jami al-Madarak, is one of the great... more
    Undoubtedly, knowing the Usuli opinions of each jurist plays a significant role in understanding his jurisprudential approach. Ayatollah Sayyed Ahmad Khansari, the author of the precious book Jami al-Madarak, is one of the great contemporary jurists. Despite his numerous jurisprudential and theological books, he has left no Usuli book that may be consulted in order to identify his Usuli views. His Usuli views should be investigated in his jurisprudential books and among individual precepts. Among the practical pinciples, Istishab (the principle of continuity of the previous state) has a special position either in terms of its widespread examples or because of being one of the Usul e Muhreze (principles that declare the duty by taking into account the reality). In this paper, by referring to the jurisprudential book Jami al-Madarak, the authors seek to realize his opinion about the nature and characteristics of Istishab. By taking this paper as a model, one may perceive his Usuli views and discover the missing pieces of his Usul al Fiqh.
    Based on the four-stage theory, capability to be created is the first stage of a religious precept. Regardless of the possible existence of a precept capable of being created and different possibilities about its concept, the problem of... more
    Based on the four-stage theory, capability to be created is the first stage of a religious precept. Regardless of the possible existence of a precept capable of being created and different possibilities about its concept, the problem of this research is: what effects does the acceptance of the capability of religious precepts to be created, in the sense of the existence of benefits and harms, have on the analysis of religious teachings and whether some jurisprudential propositions may be excluded from the scope of deduction on the basis of it or in case of knowledge of actual benefits and harms, is it possible to establish a duty and attribute it to the Lawgiver, although it does not exist in the narrated teachings? The results of this research show that capability to be created belongs to the benefit and harm domain and is a preliminary of legislating a religious precept and is not one of its stages. Nevertheless, Imami jurists have utilized the term precept capable of being created in analyzing the religious precepts of different issues. The acceptance of a created precept that never transforms into the actuality stage does not seem to be justified. Since negligence in establishing a precept is not permissible for the Lawgiver and establishing a precept is based on the existence of benefit and harm resulted from the duty-bounds' acts, where the intellect can realize the existence of a benefit or harm for which the Lawgiver has not established an actual precept, due to the correlation between the precept of reason and the precept of religion, one may believe in the existence of a religious precept created for that act and the legitimacy or illegitimacy of its performance and the problem of the lack of religious precept for emerging issues would be resolved.
    Sometimes, certain instances of jurisprudential opinions seem to be in conflict with moral principles and values. Among such instances is sexual enjoyment from a minor wife permitted by a group of jurists. The present study, through a... more
    Sometimes, certain instances of jurisprudential opinions seem to be in conflict with moral principles and values. Among such instances is sexual enjoyment from a minor wife permitted by a group of jurists. The present study, through a library and analytical-descriptive method, seeks to criticize that fatwa, introduce the different opinions of jurists in this regard and examine their proofs in addition to examining this issue from both legal and factual aspects, taking into account the child's mental injuries from the perspective of Psychology knowledge. The authors believe that given the proved mental injuries as well as severe mental disorders inflicted on the child as a result of sexual enjoyment and based on the rule of negation of detriment and harmful precepts in Islam, sexual enjoyment from a child wife may not be permissible from the viewpoint of Sharia and the opinions of certain jurists regarding its permissibility originate probably from their failure to discover and identify its numerous mental injuries and non-proof of its customary and moral obscenity to them; otherwise, in case of identification of such injuries, they would also issue a fatwa regarding the prohibition of this issue.
    Distinguishing between prescriptive and advisory commands is an undeniable and significant necessity in jurisprudential inference. In this study, through the case study of famous examples of advisory commands and comparing the three types... more
    Distinguishing between prescriptive and advisory commands is an undeniable and significant necessity in jurisprudential inference. In this study, through the case study of famous examples of advisory commands and comparing the three types of religious commands i.e. advisory, preferred prescriptive and prescriptive command being a path, the main elements that form advisory and prescriptive commands will be discovered. The results of this research show that the essential element in prescriptive commands is the use of the lordship status and the lord's legal personality in stimulating the servant to perform the act; on the other hand, advisory commands apply where either there is no lordship or the lord, for certain reasons, does not use his lordship to stimulate the servant and instead he uses other methods such as declaring the benefits and harms of an act. Nevertheless, in any type of commands, the lord actually desires that the servant performs the act or refrains from it and only the method and means of stimulation are different. The results of this research show that having an independent benefit, entailing reward, lack of punishment, being related to worldly and hereafter affairs, the existence of real or factitious demand, the existence or absence of an independent intellectual ruling, being new-established or emphasized, etc. do not constitute inclusive and exclusive standards for the distinction between advisory and prescriptive commands.
    The synergy between Gadamer's philosophical hermeneutics and Perelman's rhetorical logic, has resulted in the formation of a model in the methodology of legal science that can be referred to as rhetorical hermeneutics. According to this... more
    The synergy between Gadamer's philosophical hermeneutics and Perelman's rhetorical logic, has resulted in the formation of a model in the methodology of legal science that can be referred to as rhetorical hermeneutics. According to this model, in judicial proceedings, justice is a guiding concept to inspire the result in the interpreter's heart, which is re-understood through an exchange of conversation, and the criterion for its recognition in undetermined situations is to persuade the conscience of a reasonable audience. After hermeneutic understanding of the result, the lawyer's task is nothing more than justifying it with rhetorical tools to persuade the audience to believe that he is presenting a definite image of truth. Under this model, it is not accepted to use the interpretive manners of the Usul al-Fiqh science, in which the subject matter of the propositions does not intervene in the conclusion of the argument. Due to the formation of this model on the basis of conventionals query in humanities, the present research, using a descriptive-analytical method based on the conventional perceptions theory of Muslim philosophers, evaluates the preconditions offered for accepting this model in Iranian law and explains the application of Usul al-Fiqh in law. Usul al-Fiqh is the methodology of discovering the conventionals of the lawgiver and its topics of the interpretation of terms are nothing but explaining the custom and conduct of the wise that is the starting point of understanding and a constituent of the horizon of the interpreter's mind and the semantic horizon of the text and one of the points of fusion of these two horizons.
    Freedom of religion is among the important theological issues. Adoption of Islam is subject to the intellectual maturity of the duty-bound. In case a Muslim-born declares his disbelief after puberty, should he be considered apostate and... more
    Freedom of religion is among the important theological issues. Adoption of Islam is subject to the intellectual maturity of the duty-bound. In case a Muslim-born declares his disbelief after puberty, should he be considered apostate and deprived of his freedom of religion? Apostasy is among the Hudud (unalterable punishments prescribed by Sharia) not mentioned in the Islamic Penal Code and with respect to the dubieties concerning it, valid jurisprudential sources should be consulted. On the other hand, the opinions of the jurists, especially the later jurists, regarding the declaration of disbelief by a person born to a Muslim father after puberty are diverse and have prepared the ground for the appearance of the repelling dubiety concerning the Hadd of apostasy. Among the Imami jurists there are three viewpoints with regard to declaration of disbelief after puberty: some jurists consider him as a Murtad Fitri (a person born to a Muslim father who later rejects Islam) taking into account his inherited Islam; the famous jurists apply the rules of Murtad Melli (a person who converted to Islam and later rejects the religion) to him on the basis of Dar rule (the rule of avoiding Hudud due to doubt) and the necessity of being precautious to preserve the lives of people and some later jurists are of the opinion that he is a disbeliever because they condition apostasy upon real Islam. Since holding that the minor is a Muslim as a result of inheritance originates from the graceful approach of the Lawgiver, inherited Islam may not be a basis for imposing the punishment of apostasy. Accordingly, it is justified to consider a person born to a Muslim father who later rejects Islam as a disbeliever.
    In this paper, the effect of dangerous contagious diseases on the ability and acts and rituals of Hajj is studied. This library research concludes that if the contagious disease is dangerous and deprives the affected person from the... more
    In this paper, the effect of dangerous contagious diseases on the ability and acts and rituals of Hajj is studied. This library research concludes that if the contagious disease is dangerous and deprives the affected person from the opportunity to perform the rituals until the last possible time, he would lose the ability and in the case that his financial ability remains, he should take action in the next year. However, if he is healthy and is afraid of contracting a contagious disease existing in Saudi Arabia, if the conjecture of contracting the disease is strong and rational, the fear of contracting the disease prevents the obligation of Hajj and in case he knows or it seems strongly probable to him that preventive and appropriate measures will be taken against the spread of the disease in Saudi Arabia, such a fear does not prevent the obligation of Hajj. In that case, if, despite precautionary and preventive measures, he contacts a contagious disease and at the same time, following a physician's instructions, he is able to complete his acts and rituals before the time expires, even if he confines himself to performing the minimum obligations and rituals, his Hajj is sufficient (Mujzi). Otherwise, illness and failure to perform the acts indicate his inability in that year.
    Jurisprudential hadiths, as a treasury of divine words, have suffered from various damages including difference between the narrated texts of the same hadith. Sahib Javaher is among those jurists who have paid special attention to such... more
    Jurisprudential hadiths, as a treasury of divine words, have suffered from various damages including difference between the narrated texts of the same hadith. Sahib Javaher is among those jurists who have paid special attention to such hadiths. In order to know Sahib Javaher's approach to this issue, it is necessary to find his answers to the following questions: is there a principle under which there is difference between the narrated texts of the same jurisprudential hadith? What are the causes of difference in the narrated texts of the same hadith? What are the stages of the examination of a hadith narrated with different texts? What are the consequences and applications and reasons of preferring a report of a hadith with different narrated texts? The present paper, using a descriptive-analytical method, has concluded that: first, from the viewpoint of Sahib Javaher, principally, the text of a jurisprudential hadith is unique. Second, the mistake of narrators and scribes are two main causes of such a difference. Third, Sahib Javaher has treated a hadith with different narrated texts in four stages: identification of difference between the narrated texts of the same hadith, differentiation between the different narrations of the same hadith, in the form of affirmative particular proposition and affirmative universal proposition, preferring one of the reports, abandonment or the probability of option in case of the application of the narrations related to the resolution of contradiction between proofs; fourth, the consequences of difference between the narrated texts of the same hadith may be studied in three fields i.e. the signification of hadith, its authority in case of its contradiction with other proofs and its effects on the jurists' fatwas. Finally, Sahib Javaher refers to fourteen supporting factors for preferring a report of the hadith with different narrated texts over other reports including being more accurate, fame and Idjma (consensus) either narrated or acquired through comprehensive research, opposition to the context and not being mentioned in hadith books or the original version.
    As a pioneer of the Salafi school, al-Albani's views deserve attention in various areas of the methodology of Salafi thought. al-Albani's aggressive and anti-Shia fatwas are perceptible in many of his jurisprudence books. Such fatwas... more
    As a pioneer of the Salafi school, al-Albani's views deserve attention in various areas of the methodology of Salafi thought. al-Albani's aggressive and anti-Shia fatwas are perceptible in many of his jurisprudence books. Such fatwas arise from his view towards the sources of inference; however, the scope of the authority of sources from aL-Albani's point of view is not fairly clear due to the lack of an extensive and coherent research in this regard. al-Albani has a specific approach in using the four sources of inference i.e. Book, Sunna, consensus and intellect for his own jurisprudential ijtihad. The present paper has been written with the aim of identifying the extent of the authority of those sources from the view point of Nasir al-Din al-Albani. This research, using a descriptive-analytical method, shows that al-Albani considers Quran and Sunna to be of equal ranks in the process of ijtihad and believes in no priority in using these two sources and does not accept a preference between verses and hadiths. In addition, he believes that a hadith narrated by one person has authority with regard to precepts and beliefs. al-Albani defends hadith in a way that, in his opinion, hadith has authority even in case it contradicts Quran. Moreover, he weakens the category of hadiths according to which, all hadiths should be compared to Quran, since he considers their content to be against Quran. Intellect has no proper place in al-Albani's system of jurisprudence and ijtihad and he generally advocates narration and is anti-intellectualist. In addition, al-Albani considers the consensus which is accepted among Usulis as controversial.
    One of the challenges of Shiite families especially in Sunni areas is the marriage of a Shiite girl with a Sunni man. This issue is under the more general title "the permissibility of the marriage of a Shiite with an Opponent"; the main... more
    One of the challenges of Shiite families especially in Sunni areas is the marriage of a Shiite girl with a Sunni man. This issue is under the more general title "the permissibility of the marriage of a Shiite with an Opponent"; the main question of this paper is: what is the imperative rule of the marriage of an Imami woman with a Sunni man? The Jurists have raised this issue in the chapter concerning the conditions of the couples and parity of status between parties to marriage. They have usually mentioned the two features of being co-religionist and the ability to provide alimony as the conditions of parity of status between parties to marriage and then explained the necessity of being of the same sect. There exist three opinions about the permissibility of marriage between a Shiite girl and a Sunni man: absolute permissibility, absolute impermissibility and permissibility with karahah (abomination). The famous jurists believe that it is impermissible and their main arguments, besides clamming consensus, are the opponents' disbelief and nasibism, the interpretation of parity of status between parties to marriage as being a Twelver Shiite and the narrations in this regard. The advocates of absolute permissibility and karahah rely upon narrations that permit such a marriage, the absolute and general proofs mentioned in the marriage chapter and the practical conduct of Imams (peace be upon them). The conclusion of this research is absolute permissibility which, in addition to the arguments raised by those who believe in permissibility, is based on the biological, ideological and attitudinal developments of today's women. The research method is analytical-critical and in addition to the Javaheri Ijtihad as the basis, regard shall be had to the jurisprudential approach that takes into consideration the effect of time and place. Keywords: Marriage with an Opponent, Marriage of a Shiite Woman with a Sunni, Parity of Status between Parties to Marriage, the State of Couples being Co-religionists
    The mosbet principle is an usuli debate with many functions, which most of the late usulists have raised in the considerations of the principle of estes'hab, and they have disagreed about its validity. mostashab can have non-Shari'ah... more
    The mosbet principle is an usuli debate with many functions, which most of the late usulists have raised in the considerations of the principle of estes'hab, and they have disagreed about its validity. mostashab can have non-Shari'ah (rational or normal) requirements with it, which proving each of these external matters depends on the validity of the mosbet principle. The opposing point of view of the validity of mosbet principle is that only direct Shari'ah matters can apply to mostahab. Usulists do not even agree with each other in defining the mosbet principle; Therefore, before any discussion about the validity of the mosbet principle, it is necessary to define its conceptual limits precisely and after verifying the most important definitions in this field, a comprehensive definition of the said principle should be provided. Using the analytical method, this research achieves these findings that firstly, along with rational and normal media, accidental media can also be included among the mosbets of mostashab; Secondly, in the process of the mosbet principle, in addition to the subject, mostas'hab can be a ruling, both taklifi and vaz'iee; Thirdly, the application of the mosbet principle is basically not exclusive to estes'hab, and this principle can apply to other non-verbal principles as well.
    Recognizing criteria of aham in tazahom chapter is one of the valuable topics that have not been accurately identified and verified so far. In this article, attention has been paid to one of the criteria of preference in the recognition... more
    Recognizing criteria of aham in tazahom chapter is one of the valuable topics that have not been accurately identified and verified so far. In this article, attention has been paid to one of the criteria of preference in the recognition of aham, the origin and source of which is the consideration and assertions of the holy law; That is, the priorities of those who use Sharia'h texts from the perspective of preference. In a descriptive and analytical research, after stating the proof of the rule of aham and mohem(the matter which is important) the priority of determination over takheer (adopting either one) in possible mohem, the method of reconciling some conflicting traditions in determining the mohem is mentioned, and finally in the conflict between some of the rulings according to the verses and traditions showing preference as a definite or possible morajah (prioritizing reasons) of aham, the position of concrete and practical criteria such as strengthening the foundations of religion, paying attention to the quality of the motezahem (conflicting reason), confronting of the rights and getting rid of the corrupt when in doubt have been identified. Despite this, it is clear that in order to determine the definite or possible aham, the mind must observe all the criteria and their kasr and enkesars, and by considering the condition of tazahom, reach the definite or probable aham. Keywords: the important and the more important, criterion of importance, prioritizing reason of conflict, verses showing preference, traditions showing preference.
    The rule of la-haraj is one of the facilitative jurisprudence rules in Islamic jurisprudence and one of its practical fields is urban life issues. Harassment and hardship in the city can manifest in physical, mental, social and financial... more
    The rule of la-haraj is one of the facilitative jurisprudence rules in Islamic jurisprudence and one of its practical fields is urban life issues. Harassment and hardship in the city can manifest in physical, mental, social and financial forms. The study of this rule in urban life includes issues such as difficulty in commuting due to long distances, lack of pedestrian orientation, traffic disruption, lack of public transportation, difficulty of using spaces for disabled people, noise pollution, congestion, urban floods .The results of the research show that in the Islamic city, the ground for the implementation of divine commandments should be provided and the planning and measures should provide the comfort and peace of Muslims. In the Islamic city, urban problems should be anticipated and taken into account in the process of urban planning, design and management. The application of this rule can have results in facilitating commuting, especially for the underprivileged, the efficiency and comfort of using urban furniture, transit spaces, access and stopping, etc. Also, the ease and well-being mentioned should be a specific achievement for all ages, social groups such as women, children, elderly, etc. Keywords: rule of la-harj, Islamic city, urban life, urban issues, urban spaces, ease of living in the city.
    Before drafting the contract, following preliminary negotiations or on the basis of Islamic business practice and custom, the parties may accept some requirements and make the contract based on it, but do not specify it in the contract or... more
    Before drafting the contract, following preliminary negotiations or on the basis of Islamic business practice and custom, the parties may accept some requirements and make the contract based on it, but do not specify it in the contract or do not need to repeat it in the text of the contract. A dispute has arisen in the validation and identification of the condition agreed before the contract, which is also called banaee, tabani or tavati condition, and the extent of the effect and influence of the condition included in the contract to such conditions. Since the tabani condition is not in the scope of composition and is a preliminary condition, the validity and origin of its effect and the extension of the effect and influence of the condition in the contract to this type of agreement which is neither explicit (conformity) nor implied (implicit)) is not mentioned in the text of the contract, it is not easily possible and its acceptance faces harmful legal consequences and serious obstacles at the stage of soboot(as something is in reality) and esbat(as we think something is).
    and Baluchistan, a graduate of the 4th level and high level teacher of Qom seminary Abstract Zakat is one of the obligatory acts of worship, which, according to the popular opinion, whose adequacy is conditional on pure intention and the... more
    and Baluchistan, a graduate of the 4th level and high level teacher of Qom seminary Abstract Zakat is one of the obligatory acts of worship, which, according to the popular opinion, whose adequacy is conditional on pure intention and the intention of closeness to God. In the meantime, sometimes it is obligatory for the shari'ah ruler to force the obligee to pay zakat. In such an assumption, realization of the intention of closeness and also the adequacy of paying zakat is a matter of debate. The investigation about the possibility of forcing the obligee to pay and the adequacy of this payment by him depends on the investigation about the truth and nature of zakat as well as the examination of the documents of the conditionality of intention in it. According to the findings of this research, which was carried out in a descriptive and analytical method, zakat has a transactional-religious reality and the requirement of acquiring the intention of closeness in it is due to the multiplicity of the desired and the desirability of the intention of closeness is unique in the assumption of the possibility of its fulfillment by the obligee. Therefore, assuming the impossibility of acquiring the intention of closeness, zakat still remains on the principle of its desirability, and considering that this divine duty includes a vazaee and taklifee ruling, the payment of zakat by a forced taxpayer suffices and only leads to the disobedience of taklifee duty.
    According to the popular opinion, the effect of the prerequisites of hikmat (wisdom) in tamasok (seeking) is one of the wide-ranging fundamental issues after the era of Sultan Ulama. According to Akhund Khorasani's point of view, one of... more
    According to the popular opinion, the effect of the prerequisites of hikmat (wisdom) in tamasok (seeking) is one of the wide-ranging fundamental issues after the era of Sultan Ulama. According to Akhund Khorasani's point of view, one of the prerequisites of the hikmat is to adhere to the etlagh (application), qadr moteyaghan and methods of discovering and understanding it. qadr moteyaghan is a person or a part of the motlagh (applied) that is definitely within the scope of the ruling. By dividing qadr moteyaghan into two types: qadr moteyaghan in the position of takhatob (communication) that is internal and external qadr moteyaghan, Akhund has considered qadr moteyaghan in the position of takhatob as an obstacle to application, but some usulists have not made a difference between the types of qadr moteyaghan in regard to application. After a detailed analysis of the types of qadr moteyaghan, this essay aims to answer this important question: What is the necessity of researching and applying the basic rules regarding the validity and authenticity of qadr moteyaghan, as well as its priority to adhere to its application, and how is this qadr moteyaghan discovered? In this research, by analytical and descriptive method, by examining different points of view and with special reliance on the opinions of Imam Khomeini and Martyr Sadr, the conclusion has been reached that, first of all, the implementation of the principles of hekmat is a consensus matter for the wise. Secondly, qadr moteyaghan does not prevent application to both of its types, and in fact, the primacy of qadr moteyaghan goes back to the fact that the speaker is in the position of communicating and qadr moteyaghan does not prevent application until it reaches the point of apparent enseraf (reffering to something), and as if in the statement of Akund Khorasani the meaning of the word on the bounded essence is confused with the description of a share that contains a certain attribute and the word that indicates the limitation of this attribute and its involvement in the subject of the ruling. Thirdly, knowing qadr moteyaghan is obtained in the customary way, with the help of the appropriateness of the ruling and the subject, and sometimes by using verbal clues.
    hypothetical jurisprudence, which with a little leniency can be called jurisprudence in vacuum, is a product of foundations, methods, causes and factors, which due to its strong presence in the background and present of the institution of... more
    hypothetical jurisprudence, which with a little leniency can be called jurisprudence in vacuum, is a product of foundations, methods, causes and factors, which due to its strong presence in the background and present of the institution of jurisprudence, requires a critical look in order to be more precise and objective with it. Paying attention to hypothetical jurisprudence as a jurisprudential approach is due to the fact that jurisprudence and jurists have distanced themselves from social realities and the objective challenges of the obligees on the one hand, they are boycotted from the government and marginalized on the other hand, has had consequences that in this article, while pointing to some of its foundations and harms, have been tried to be addressed on a case-by-case basis as a result of the lack of attention to thematics, an issue that has been considered by thinkers and those concerned about making jurisprudence more efficient in these decades. In this essay, the mentioned problem has been researched with a descriptive, analytical method and with a critical approach, and the hypothesis has been strengthened that the lack of attention to jurisprudential thematics and the decline of its place in the operation of inference is mainly the result of the rule of the hypothetical approach to jurisprudence.
    One of the conditions that couples, under the influence of the current socioeconomic situation, are willing to include in marriage is the condition of not having children, while the legitimacy of this condition is a challenging issue in... more
    One of the conditions that couples, under the influence of the current socioeconomic situation, are willing to include in marriage is the condition of not having children, while the legitimacy of this condition is a challenging issue in jurisprudence. In the present study, we are trying to answer the question of the legitimacy of the condition of not having children by descriptive-analytical method The result of the research is that the legitimacy and obligation of the mentioned condition from the point of view of certain jurists is not a license to commit a forbidden act or to use illegitimate methods in order to fulfill it, and in case of disturbing the obligatory obedience of the couple, the condition is not permissible. Also, if procreation becomes necessary in the society under certain conditions, the secondary ruling of having children is obligatory, and in this case, the condition of not having children in the marriage contract is certainly not legitimate and obligatory.
    The scientific rules and frameworks of understanding meaning are described under the title of semantics and pragmatics in different fields of linguistics. Considering that it is possible to access one of the main sources of Islam, that... more
    The scientific rules and frameworks of understanding meaning are described under the title of semantics and pragmatics in different fields of linguistics. Considering that it is possible to access one of the main sources of Islam, that is, the sunnah of the Messenger of God (PBUH) through the oral and written traditions of the sunnah and the so-called khabar kahed, the semantic and pragmatic analysis of the premises raised by the great imami researcher of principles "Sheikh Ansari" in the topic of the authority of khabar vahed can illustrate the importance of these methods. In this article, an attempt has been made to explain this position by using library tools and descriptive-analytical method. The results of the analysis of the triple preliminaries of the validity of the khabar vaheds in Sheikh Ansari's statement indicate that it corresponds to the principles of pragmatics simultaneously and in parallel, the principles of semantics such as the principle of Grice's cooperation in creating communication, the integration of form-oriented and role-oriented linguistics in the emergence of originality, as well as the context theory in semantics. Keywords: semantics, pragmatics, principles of jurisprudence, khabar vahed, preliminaries of the validity of news.
    Tahari is a kind of ijtihad effort to repel doubts in a state of necessity by relying on evidence that can often be used in worship and sometimes in other matters. Tahari is related to other words such as ijtihad, tavakhi(seeking the best... more
    Tahari is a kind of ijtihad effort to repel doubts in a state of necessity by relying on evidence that can often be used in worship and sometimes in other matters. Tahari is related to other words such as ijtihad, tavakhi(seeking the best opinion), inspiration, supplication and examination of fact in object doubts. This method has been rejected by some due to its citation weakness and has been considered as conjecture not sufficing to prove the right, but it has often been accepted as a last resort and in case of necessity and based on the practical life of the Prophet, Imams, prophet's companions and some other narrated and rational arguments. The authority of "tahari" is limited to the one who does it and it is nonextensible to others, and it is not considered as a comprehensive religious reason, and depending on the subject, it includes specific taklifi rulings. The research method is descriptive-analytical and the result of the research is the acceptance of stimulus as a practical method in case of emergency and to avoid mistakes and only in some issues.

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