Conflict of religious behavior with health requirements During the Corona
wrya
hafidi
Assistant Professor of Shafe'e Jurisprudence and Law, Humanities and Social Sciences Faculty, University of Kurdistan, Sanandaj, Iran
author
text
article
2020
per
Background and Aim: The emergence and rapid spread of coronavirus disease and deal with the transfer of the provisions of health limitations, in particular to refrain from participation in society. On the other hand, the obligation to attend congregational prayers and collective rituals is a common occurrence among all Islamic religions. The question now is whether the widespread and rapid spread of coronary heart disease, given the different methods of transmission, can be a religious excuse for abandoning worship and collective rituals?Materials and Methods: The present study, based on the description and analysis of the propositions of Islamic jurisprudence and the library method, has studied the present subject.Conclusion: Infectious diseases have existed throughout human history and the need to maintain health and hygiene is one of the matters emphasized by the Shari'a. However, there is disagreement among experts about the acceptance of infectious diseases. From the religious point of view, there are general or special vacations whose focus is on relieving embarrassment and hardship. Accordingly, the proof of sharia leave is fixed for a person with coronary artery, but regarding the acceptance of the possibility of contracting the disease as leave, this disease can be accepted as a special leave and with jurisprudential rules such as: the need to relieve hardship or eliminate harm Also emphasizing the need to save lives as one of the necessities from the point of view of Sharia purposes, he accepted the existence of infectious diseases until the discovery of medicine as a special leave.
Comparative Studies on the Schools of
Jurisprudence and its Principles
University of Kurdistan
4407-2676
3
v.
1
no.
2020
22
1
https://mfu.uok.ac.ir/article_61780_b9170f8a5ea8d3793b30369308704202.pdf
dx.doi.org/https://doi.org/10.34785/J016.2020.514
The necessity of separating the rules and examples of usurpation and in the ruling of usurpation from the perspective of Imami jurisprudence and civil law of Iran
Mehdi
Kiyanmehr
PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Islamic Azad University, Ahvaz Branch, Ahvaz, Iran.
author
Rahim
Sayah
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Petroleum Industry, Ahwaz Faculty of Petroleum, Ahwaz, Iran (Corresponding Author).
author
Syd hesamdin
Hosseini
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Islamic Azad University, Ahvaz Branch, Ahvaz, Iran.
author
text
article
2020
per
AbstractThe articles on "usurpation" and "on the rule of usurpation" are among the articles of jurisprudential and legal planners. The apparent consideration of "usurping possessions" with "in the rule of usurpation" indicates the difference between the concept and the conformity of the rulings;However, it is obvious that some instances of usurpation, with emphasis on the jurisprudential rule of "al-usurpation and taking away the state of affairs", especially in government titles (Article 555 of the Penal Code) have a criminal and punitive description, if "in the ruling of usurpation" Some cases, such as being bound by a corrupt contract (Article 366 BC), do not have a criminal description; Conversely, refusing to refuse a trust to the owner (in the ruling of usurpation, Article 674 of the Penal Code) has a criminal description,but the usurpation of personal property has no criminal description.Therefore, by explaining the conflicts, it can not be said that the latter is in the first sentence, but they are institutions with conflicting concepts and sentences. On the other hand, the theory of "in the sentence of usurpation", although it seems strong, is not comprehensive and can not be a correct theory. As a result, it can be stated that the establishment of the institution "as a usurpation" is not relevant in Iranian jurisprudence and law. The researcher seeks to eliminate the heterogeneity in concept and multiplicity of examples by descriptive-analytical method of finding a solution and establishing the institution of "recourse to previous clearance seizures", which is a new institution. Provide strong through follow-up suggestions.Key words: Ghasb, Dar_Hokme_Ghasb, Shebh_e_Ghasb. Former permission
Comparative Studies on the Schools of
Jurisprudence and its Principles
University of Kurdistan
4407-2676
3
v.
1
no.
2020
38
23
https://mfu.uok.ac.ir/article_61791_25707ead3b3a029800a491b3e0aa85f5.pdf
dx.doi.org/https://doi.org/10.34785/J016.2020.839
Critical study of the structures of the principles of Shiite Principles of fiqh and presenting a new plan
akbar
mahmoudi
Assistant Professor Mustafa International University Qom, Qom, Iran
author
text
article
2020
per
The knowledge of the principles of Fiqh has undergone many and varied changes since its inception, and behind it, various structures have been presented to regulate its topics. These structures were simple and rudimentary in the early stages and became more complex over time as their problems spread. Lack of a single division, lack of observance in the balance of sections and chapters, failure to mention some important issues, parallelism, lack of relevance of the subsection to the chapter, ambiguity and conciseness are among the most important problems of the proposed structures. Accepted by most people; Coordinate with past arrangements as much as possible; Cover all topics; The appropriateness of the discussion with its place; Failure to mention extraneous issues; Logical and orderly arrangement; Lack of high complexity; Non-repetition; Avoiding distractions and distractions; Being the best is one of the most important coordinates of the desired structure. This article examines the most important structures proposed by Shiite fundamentalists for the knowledge of the principles of Fiqh through the method of descriptive-critical analytical research and library documents, and then designs the proposed arrangement based on the coordinates of the desired structure. This arrangement has seven parts: Introduction to the principles of Fiqh; Recognition of rulings; Determining the reason for inferring the rulings; The meaning of the arguments of the rulings; Complications of the evidence; rulings; Equilibrium and preference Obedience to the rulings.
Comparative Studies on the Schools of
Jurisprudence and its Principles
University of Kurdistan
4407-2676
3
v.
1
no.
2020
73
39
https://mfu.uok.ac.ir/article_61792_cd364798d6f116d7b2aed7368bf95c3d.pdf
dx.doi.org/https://doi.org/10.34785/J016.2020.588
A Comparative Study of the Laws and Rules Regarding Crimes Against Women in Imamieh and sunni Jurisprudence
Jamal
Beigi
Associate Professor, Department of Criminal Law and Criminology, Islamic Azad University,Maragheh Branch, Maragheh, Iran.
author
mohammadreza
nojavan
PhD Student, Department of Criminal Law and Criminology, Islamic Azad University, Maragheh Branch, Maragheh, Iran.
author
text
article
2020
per
This article is a descriptive-analytical method written with library tools. The findings of this study also show that from the point of view of Imami jurists,If the male offender is a female victim, the execution of the sentence is subject to the payment of a dieh. However, there are three theories among Sunni jurists, one on the practice of retribution without paying Fadhil Diyat, the other on the lack of retribution for men against women, and the payment of Diyat by female parents, and the third group believe in paying the difference in Diyat. Therefore, if a man kills a woman, the victim's family must pay the obligatory blood money to the killer (man) before retribution. But if the killer is a woman and the victim is a man, the family can apply for retribution without paying anything. There are three views in this regard: jurisprudence: a) payment of the difference between diyat b) non-payment of diyat c - non-retribution of men against women and only payment of diyat.
Comparative Studies on the Schools of
Jurisprudence and its Principles
University of Kurdistan
4407-2676
3
v.
1
no.
2020
95
74
https://mfu.uok.ac.ir/article_61793_279b0bde900043eabb4b721cbda71d0a.pdf
dx.doi.org/https://doi.org/10.34785/J016.2020.400
Virtual entertainment and its rules in Islamic jurisprudence
morteza
chitsazian
Assistant Professor, Department of Jurisprudence and Law, Faculty of Humanities, University of Quran and Hadith, Tehran Campus, Tehran, Iran
author
text
article
2020
per
Virtual entertainment is a non-serious activity intended for entertainment and pastime that takes place in an unreal space or computer space. Virtual entertainment includes computer games and the Internet and Internet chats. In the present study, we concluded that computer games are generally permissible unless they are prohibited in jurisprudence, such as gambling, or cause harm and corruption in the individual. In the Internet and Internet chats (chatting) is also the first principle of obscenity unless it is used incorrectly. Therefore, recreational use of the Internet and communicating with others through the Internet (chatting) depends on how the tool is used, so if the Internet is us.Literally, entertainment is different from fun; Because entertainment is done in one's free time, and this is different from what was said in Leho's definition; Secondly, entertainment is an activity in which there is a rational purpose and it is done in leisure time for fun, so it is different from leisure in this respect. Despite this difference, jurists consider entertainment to be a category of entertainment. Also, in some narrations, entertainment is used as lahoo. It is also fun other than cancellation; Because entertainment is not a literal and void act, but, as we have said before, it should have a rational purpose. As with fun, it includes games and playing is an example of a game
Comparative Studies on the Schools of
Jurisprudence and its Principles
University of Kurdistan
4407-2676
3
v.
1
no.
2020
121
96
https://mfu.uok.ac.ir/article_61797_3d603ada63ff175d957bb94b50baf94a.pdf
dx.doi.org/https://doi.org/10.34785/J016.2020.854
Analysis of the necessity of defining jurisprudential titles andon the view of the Kefayah owner
mohamadali
banaeekhirabade
Lecturer at Imam Mehdi Seminary (Ajalullah), PhD Student in Criminal Jurisprudence, Razavi University of Islamic Sciences, Mashhad, Iran.
author
abrahim
rostami
Assistant Professor, Department of Education, Shiraz University of Medical Sciences, Iran.
author
text
article
2020
per
The present study seeks to examine the necessity of "the subject of defining jurisprudential and principled titles" in the sense that whether the definition of titles such as purity, worship, prayer and prayer, etc. in jurisprudence and general and special and prohibition in the science of principles has practical effect. Is it And is it enough for theological fruit to deal with these issues? According to Sahib Kefayeh, the true definition of objects is not possible and the definition of jurisprudential and principled titles such as verbal definitions and description of names is necessary to address these definitions and respond to There were no problems, and even without these verbal definitions, we would have to deal with the issues of the rules of science, and distinguishing these titles from each other is not subject to their definition by scholars. Because the jurisprudential and principled titles are obvious to the audience, there is no need to define and the basic principle is not to put the practical fruit on the definition. Of course, in cases where the definition of the practical fruit is burdensome, the definition should be studied and ijtihad in the best way. Instead of addressing these issues under the pretext of the fruit of the seminary (which is not really the fruit of jurisprudence and principles) and the waste of time and opportunity, to address practical issues and issues appropriate to the time and place of today's society.
Comparative Studies on the Schools of
Jurisprudence and its Principles
University of Kurdistan
4407-2676
3
v.
1
no.
2020
143
122
https://mfu.uok.ac.ir/article_61798_34f48a50bf4b60c2a07c66571f2feef5.pdf
dx.doi.org/https://doi.org/10.34785/J016.2020.183
The initial ruling of polygamy from the perspective of Imami jurisprudence
ahma
shookohi
Master of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Qom University, Qom Iran.
author
Alireza
Ebrahimi
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Qom University, Qom, Iran.
author
text
article
2020
per
The issue of polygamy is one of the signature rulings that has been recognized in the Islamic legal system. The phenomenon of polygamy is one of the topics that has received a lot of attention from social thinkers in the last century. The purpose of the present study is to study the jurisprudence of the initial ruling on polygamy. For this purpose, first-hand jurisprudential sources were carefully reviewed. Findings were compared and analyzed by library and descriptive-analytical methods. And the following results were obtained: Although the principle of permitting polygamy is based on conclusive evidence agreed upon by all Islamic religions, but there is a serious question about the specificity of this ruling. Popular among the forerunners is the claim of consensus on the permissibility of polygamy and the acceptance of contentment with a woman in the principle of Shari'a apart from the status of individuals and different circumstances. Therefore, the ruling on polygamy in itself is abaha according to the Shari'a, and with the proposition of conditions, polygamy is recommended, disliked, and possibly forbidden.
Comparative Studies on the Schools of
Jurisprudence and its Principles
University of Kurdistan
4407-2676
3
v.
1
no.
2020
160
144
https://mfu.uok.ac.ir/article_61802_188071fb7be2116b0e79668148b648c5.pdf
dx.doi.org/https://doi.org/10.34785/J016.2020.158
بررسی فقهی عرفان کیهانی
Abdul Rahman
Najafi Imran
PhD, Lecturer at the Seminary of Qom, Jurisprudence and Fundamentals of Islamic Law and Qom University, Qom, Iran
author
text
article
2020
per
در دنیای کنونی، برای مقابله با دین و اسلام و از طرفی در اثر رسیدن دنیای غرب به بن بست و احساس خلأ معنویت، عرفانهای نوظهور فراوانی ظهور کردند تا از سویی به این واسطه متدینان را از دین و مذهب دور سازند و از سوی دیگر احساس خلأ معنویت در غرب را پاسخ گویند که یکی از آن، عرفان کیهانی است. بنابراین باید بحث نمود که هر یک از تصدّیگری و ترویج مکتب عرفان حلقه، جذب شدن و پیوستن به عرفان حلقه و نشر و حفظ و مطالعه آثار عرفان کیهانی از نظر فقهی چه حکمی دارد؟مکتب عرفان کیهانی و یا عرفان حلقه در دهه هشتاد در ایران راهاندازی شد و به همین جهت تاکنون پیرامون بررسی فقهی آن چندان بحث نشده است و میطلبد پیرامون حکم هر یک از حفظ و نشر و چاپ آثار و جذب شدن به چنین مکتبی و همچنین ترویج آن بحث گردد که تصدی گری و ترویج مکتب عرفان کیهانی، به دلیل حرمت بدعت و تشریع و قاعده نفی سبیل، حرام است و جذب شده و پیوستن به عرفان حلقه نیز حرام است و سه دلیل: قاعده حرمت تشبه به کفار، ادله لزوم کسب اعتقادات صحیح و ادله لزوم کسب رفتارهای صحیح، بیانگر حرمت آن است. همانگونه که قاعده حرمت حفظ کتب ضاله، هر گونه حفظ و نشر و مطالعه آثار عرفان کیهانی را حرام میشمارد.
Comparative Studies on the Schools of
Jurisprudence and its Principles
University of Kurdistan
4407-2676
3
v.
1
no.
2020
189
161
https://mfu.uok.ac.ir/article_61818_638dbf437ae70f9afd2d8a3e85ae5a79.pdf
dx.doi.org/https://doi.org/10.34785/J016.2020.950