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Issue Info: 
  • Year: 

    2020
  • Volume: 

    16
  • Issue: 

    2
  • Pages: 

    331-360
Measures: 
  • Citations: 

    0
  • Views: 

    850
  • Downloads: 

    0
Abstract: 

Based on common definitions, jurisprudence has been designed to explain and elaborate the rules and their evidences. By evidences we mean the documents that prove that a certain rule is od’ s command and according to expression of the jurists the reason for issuing a rule is not related to the mysteries of rules and the philosophy which is concealed in its issuance. The jurist is not obliged to unveil these secrets, however the increasing expansion of communities, versatility, and plurality of the necessary issues in the society have proven that reliance on the evidences doesn’ t fulfill the needs of the society and one cannot expect that there should be a reason from among the legal evidences for every social necessary issue. Therefore, it will be inevitable to seek help of the reasons of legal evidences to determine the religious task at the time of silence or ambiguity or religious rules and to generalize the existing rules to other cases by means of reason or in the cases when the reason is resolved the rules also have to be resolved and to expand or spoil religious rules. This important issue necessitates that the jurists do not suffice to express the evidences and to take a step toward etiology. The present study aims at explaining the accurate meaning of the reason and the necessity to explore and explain the reasons of rules and consequences of incorrect etiology to prepare the ground for the movement of jurisprudence from explaining the evidences to explaining the reasons and to provide the fundamentals of establishing the evidential jurisprudence through identifying the correct methods of reason exploration. By doing this, it can help and improve the evidential jurisprudence and can prevent from undesirable effects of unprofessional reasoning for rules.

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Journal: 

Quran and Medicine

Issue Info: 
  • Year: 

    2019
  • Volume: 

    4
  • Issue: 

    1
  • Pages: 

    21-28
Measures: 
  • Citations: 

    0
  • Views: 

    596
  • Downloads: 

    0
Abstract: 

Introduction Simulation, cloning, or deletion is the proliferation of a living creature without sexual intercourse in plants, animals, and humans. The issue of therapeutic simulation as a new phenomenon in the field of biotechnology reveals various questions in different fields and brings up various approaches of Ulama in terms of human-related communication. This reviewed study was conducted by use of a descriptive-analytical method with the aim of the analysis of therapeutic simulations in the Persian jurisprudence and the Jewish jurisprudence. Conclusion The Imams’ jurists on therapeutic simulations have adopted three approaches: 1) absolute license; 2) conditional license; 3) Absence of absolute license. Sunni Ulama have adopted two approaches on therapeutic simulations: 1) the license; 2) lack of permission. Jewish jurists have adopted three different views: 1) the license 2) the obligation 3) sanctity. According to the results, the Ulama’ s view about the lack of licensing of therapeutic simulations is due to the serious concerns that are created in the world, and this is due to misuse that may result, abuses that are unlimited in scope and its effects are not clear. This has led to adopting a viewpoint of non-permission of therapeutic simulations. The viewpoint of Ulama based on the license of therapeutic simulations emphasizes the benefits of therapeutic simulations, which is expected to treat of many of diseases that humankind has not been able to cure. But based on the views of most Islamic Ulama, there is no reason to ban the therapeutic simulation of human and should not oppose the advancement of science and research in this field.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    2
Measures: 
  • Views: 

    151
  • Downloads: 

    141
Keywords: 
Abstract: 

ONE OF THE MOST PROVOCATIVE CRIMES IN DOMESTIC AND INTERNATIONAL ARENA IS APOSTASY. APOSTASY MEANS RENUNCIATION AND APOSTATE IS DERIVED FROM THE SAME TERM MEANING SOMEONE WHO HAS RENOUNCED ISLAM. SOME PREREQUISITES ARE NECESSARY TO PROVE APOSTASY, I.E. MATURITY, COMMON SENSE, FREE WILL, DETERMINATION AND AWARENESS, HOWEVER, THERE IS DISAGREEMENT AMONG DIFFERENT ISLAMIC SECTS REGARDING THE NECESSITIES OF APOSTASY. IN ADDITION, ISLAMIC SECTS ALSO DO NOT AGREE ON THE WAYS OF PROVING APOSTASY. A SEVERE PENALTY WHICH DIFFERS ACCORDING TO APOSTATE’S GENDER LIES AHEAD FOR APOSTASY AND ISLAMIC RELIGIOUS ATTITUDE TOWARD APOSTATE’S PENALTY IS A LITTLE INCONSISTENT. THIS PAPER ATTEMPTS TO OFFER A COMPREHENSIVE STUDY OF APOSTASY (THE PREREQUISITES, WAYS OF APOSTASY).

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Journal: 

Issue Info: 
  • Year: 

    2024
  • Volume: 

    11
  • Issue: 

    20
  • Pages: 

    165-188
Measures: 
  • Citations: 

    0
  • Views: 

    79
  • Downloads: 

    0
Keywords: 
Abstract: 

In family jurisprudence, the overarching topic of the family is examined in terms of the social system. The family education system, a branch of this jurisprudential system, encompasses three types of education from this perspective: disciplinary education, behavioral education, and developmental education. Developmental education focuses on the practical measures for development and maturity suitable for social life. In this type of education, the educator prepares the trainee for life outside the parental environment. Objective, This study aims to educationally analyze marriage at the age of growth from the perspective of family jurisprudence. The paper, using the system discovery method and based on the refinement of general norms, seeks to uncover the threefold responsibilities of family, society, and governance. Its findings indicate that, according to the Holy Quran, there are four categories of narrations and justificatory evidence for intervention. First, the encouragement of a girl's marriage before puberty in narrations is conditioned by the obligation of chastity, and this encouragement has no specific limitation. Second, the implication of a boy's marriage involves accepting responsibility for alimony and other marital and parental duties, which aligns with the obligatory social education by the guardian. Third, marriage before completing the growth period does not entail prohibition or nullity, and the preparatory-guardianship responsibilities of the family and the state eliminate rational obstacles. Consequently The legitimacy of marriage at the age of growth, in line with the threefold educational responsibilities, is proven to prevent potential harm.

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Author(s): 

NAGHI POUR FAR V.A.

Journal: 

Pazhouhesh Dini

Issue Info: 
  • Year: 

    2006
  • Volume: 

    -
  • Issue: 

    12
  • Pages: 

    353-376
Measures: 
  • Citations: 

    0
  • Views: 

    306
  • Downloads: 

    0
Abstract: 

"The traditional jurisprudence" is the prevailing perspective of Jurists concerning Islamic precepts in which Quranic juristic verses and respective hadiths are usually taken into consideration. In this perspective, some parts of the Quran- about 500 to 800 verses – are used in the process of religious understanding of precepts and the remaining, especially Quranic stories, are taken away from the realm of juristic research less attention being paid to them. "The Quran-pivoted, comprehensive jurisprudence" is a juristic approach to the whole Quran in which all verses concerning beliefs, ethics, stories, etc. are taken into consideration in addition to the juristic verses.      

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    8
  • Issue: 

    3
  • Pages: 

    359-368
Measures: 
  • Citations: 

    0
  • Views: 

    2200
  • Downloads: 

    0
Abstract: 

Protecting hymen is related to sharia laws. Sharia law has stressed on protecting honor, virtue, chastity and purity. In jurisprudence, the person who removes the hymen must be punished. This study aimed to review the jurisprudence of restoration of virginity. This study was based on a theoretical approach. It was conducted by studying the documents on this field and searching the topics on the hymen and virginity restoration in the jurisprudence. Restoring virginity is allowed if the cause of hymen removing was rape, reluctant, falling, an accident or jump. If the cause of the hymen loss was based on marriage, repair is forbidden, whether she was divorced or widowed. If defloration is committed due to adultery with consent and is famous for adultery or she is not famous for adultery but without repentance, healing is not permitted. But if she repents, there are two chances for it, but considering the likelihood of deceiving the husband, the probability of forbiddance to repair is stronger. Considering the importance of the topic, referring to the jurisprudence in the virginity reconstructive surgery is required.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    9
  • Issue: 

    1
  • Pages: 

    31-53
Measures: 
  • Citations: 

    0
  • Views: 

    1138
  • Downloads: 

    0
Abstract: 

Human perfection and happiness depends on thinking and reasoning, and rationalism is defined as invitation and encouragement to contemplation and deliberation and also avoidance of restriction from wisdom and thought. Many Islamophobians believe that Islam is incompatible with rationalism. The main question in this paper is that in Islam, accomplishing this in discussions of «principles of jurisprudence» which is the science of Inferring jurisprudence and one of its resources is wisdom, how much credit is allowed for rationalism? The purpose of this paper is to prove the existence of rationalism in a high level in «principles of jurisprudence». Based on the definitions of rationalism, «principles of jurisprudence» has been one of the sciences that have been founded to remove the barriers of reasoning and explore the reality in Islam. To fulfill this objective, a descriptive and analytical research in this field has been done and fundamental issues related to this subject have been raised. Finally, we have concluded that not only is not «principles of jurisprudence» opposed to rationalism, but it has also offered the solutions, rules and regulations for thinking. It takes rationalism away from methods that have not rational credit. It also extends the scope of wisdom and it considers wisdom as one of the resources of inference of jurisprudence

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    -
  • Issue: 

    8
  • Pages: 

    27-48
Measures: 
  • Citations: 

    0
  • Views: 

    1096
  • Downloads: 

    0
Abstract: 

Nahjolbalaghe that contains the precious saying of Amir al-Momenin Ali (A. S) from the time that it has been written by Seyyed Razi in the second half of the fourth century has attracted much attention of the scientists and scholars in various fields of Islamic science. Perhaps literati and theologians who has gained greatest benefit from the sea of teachings of Ahl Bayt (A. S), and on the other hand, jurisprudents and especially their predecessors have cited less of this valuable book in proving jurisprudential topics, including civil law. In this study, we have attempted to defend from the Nahjolbalaghe as a juridical source and by studying some juridical issues based on Nahjolbalaghe we want to show that jurisprudents and researchers are forced to refer to this valuable book in their juridical inferences and especially in topics related to the civil law. And since the civil law issues have been raised widely in Nahjolbalaghe, it has been content with some of its examples in this study that in any case, while examining the arguments of jurists, the way of arguing with Nahjolbalaghe for proving the proposition in question has been expressed.

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Author(s): 

soliemani iran

Issue Info: 
  • Year: 

    2021
  • Volume: 

    2
  • Issue: 

    7
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    122
  • Downloads: 

    48
Abstract: 

The main purpose of life is based on perfection. God Almighty has provided the best tools for guiding human beings in the path of happiness and merit in the service of human beings. In the meantime, jurisprudence explores all the cases in which human beings need to know the divine rule and discovers the laws related to it. This research is an inferential analytical method based on evidence; the Holy Quran and narrations, and the rules of harmlessness and tasbib, lahraj. achieved this result that happiness is one of the natural needs of human beings and can be taught and has different levels and is an important factor for moving sincerely in the path of worship and creating motivation and ability to do Sharia duty and healthy communication in the family. The purpose of creation is achieved by reaching the highest level of happiness, which is possible by paying attention to spiritual values, basic needs, and having a purposeful life. Therefore, Islamic jurisprudence by presenting principles, framework, and laws tried to draw man's attention to the fact that happiness is not limited to material happiness and man should not always remain in material happiness and immaturity, rather, he must reach for the higher joys, science, discovery of unknowns, invention, etc. Hence, citing the four arguments of the book, tradition, consensus, and reason, have identified praiseworthy happiness and encouraged human society to be truly happy and confirmed the impact of happiness on the life process of individuals and the intellectual and practical manifestations and dynamism of the family and the progress of society.

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Author(s): 

GHODSI ZAHRA

Issue Info: 
  • Year: 

    2013
  • Volume: 

    6
  • Issue: 

    11
  • Pages: 

    67-83
Measures: 
  • Citations: 

    0
  • Views: 

    2065
  • Downloads: 

    0
Abstract: 

Spying is a bond of crime that of criminology in both of traditional and computer.by this matter that any social aren’t excepting to use of spying but security of countries necessitating paying more attention to this topic. Sometimes this crime being mixed with treachery to country that make difficult to distinguish them from each other and make difficulty science of low.This research of dimension Islamic jurisprudence and legal.

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