A Jurisprudential-Legal Analysis of Imposters’ Punishment (A Critique on the Article 657 of Islamic Punishment Law)
Ali Akbar
Ezadi fard
عضو هیات علمی دانشگاه مازندران
author
text
article
2016
per
There is a great controversy on the decree of an imposter’s crime among the jurists. However, by examining the statements by jurists, it is concluded that all imposters in general and even in some specific cases deserve Had (prescribed punishment) for such a crime. They merely disagree in the related clauses of this crime originating from their different understandings of the related traditions on the detailed issues of larceny either from one’s outwears or his underwear. Contrary to all jurists’ opinions, the lawmaker will charge the imposters with Ta’zir (punishment) not prescribed punishment in any condition based on the on the Article 657 of Islamic Punishment Law. Having investigating the jurists’ declarations and indications in this respect and contrary to the popular jurists’ opinion and the Article 657 of Islamic Punishment Law, the authors have come to this conclusion that, as the custom matters in studying the subject of Hirz (shield), the detailed traditions merely focus on stating some instances of theft from shield in pickpocketing. It is feasible to specify these cases from the traditions and consider them as examples merely, as the traditions do not indicate generalization to be obeyed from which theft from shield or non- shield are solely deduced from these traditions. Thus, theft from the outwear merits prescribed punishment given the custom recognizes it as theft from shield. Accordingly, considering the existing instances mentioned in traditions, such decree comes true for the similar crimes such as pilfering (snatching a purse).
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
2
v.
1
no.
2016
9
33
http://jostar-fiqh.maalem.ir/article_20958_28361c00983372b4026ad27e90194f45.pdf
dx.doi.org/10.22034/jrj.2016.20958
Reappraisal of the Role of Religious Precept in Discovering its Ranks
Balal
Shakeri
پژوهشگر سطح 4 حوزه علمیه خراسان
author
text
article
2016
per
AbstractThe present paper is to analyze and compare the proposed viewpoints about the precept hierarchy or the stated precepts about the essence of religious precept by the Principle of Jurisprudence scholars. Having discussed the available arguments on the two mentioned issues, the author of this article has addressed the point that if uṣūlīs› viewpoints on the essence of religious precept comply with their precepts on the hierarchy of religious precept. The findings of the study revealed that some perspectives on the reality of religious precept do not comply with the identified hierarchy for the religious precept as mentioned by its believers.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
2
v.
1
no.
2016
35
55
http://jostar-fiqh.maalem.ir/article_20959_bf8a818c36db44175c7dd4bcff60ff31.pdf
dx.doi.org/10.22034/jrj.2016.20959
The Regulations of Departing the Case of the Text
saieed
Ziyyaee far
عضو هیات علمی پژوهشگاه علوم و فرهنگ اسلامی وابسته به دفتر تبلیغات اسلامی حوزه علمیه قم
author
text
article
2016
per
Undoubtedly, the Holy Qur’ān and Sunnah (Tradition) are two important resources for deducing the jurisprudential rules. Many traditions enjoy features which make the jurists face challenges eliciting the rules in many cases, therefore, they have less practicality in deduction. According to the infallible Imam’s traditions, the solicitants of questions would ask questions from limited scopes. The infallible Imams would answer to those specific questions for some reasons and would give a specific rule or answer to a certain points. Moreover, the Qur’ān has rarely stated the rule for a certain referent or has confined the rules to a limited case. By referring to the methods and rulings for departing a certain referent and confined case mentioned in the verses and traditions, the researcher has studied the noteworthy types of text departure as follows: the cases whose causes are stipulated in the Qur’ān and traditions, the analogy of priority, some cases which are certainly expedient are certainly valid such as basis expurgation, finally, some of the cases could not be stated as methods along with other ones such as the unification of two issues methodologically.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
2
v.
1
no.
2016
57
74
http://jostar-fiqh.maalem.ir/article_20960_11dd43e2575307ee5e705a38cd1d7f80.pdf
dx.doi.org/10.22034/jrj.2016.20960
The Reasons of Priority: Criticized and Analyzed
Alireza
Abedi Sarasiya
عضو هیات علمی دانشگاه فردوسی
author
text
article
2016
per
As a descriptive-analytical research deploying a library and documentary methodology, this study has mentioned the classifications of priority and has stated the problem of the study and has defined the key terms operationally. Finally, four types of priority have been distinctively presented: 1. Custom or verbal priority which is divided into two kinds of enunciative and conceptual priority 2. Rationalistic or definitive priority. Certainty priority is also annexed to this type. 3. Consensus priority. 4. Speculative priority or analogical deduction To investigate the conditions of the authority of priority reason, it was revealed that affairs such as “lack of disagreement of precept with generality, the rule with the primary principle” and “exclusiveness of the cause” do not matter in this regard, while the following are essential: 1) nullifying the features 2) proving the cause of precept 3) proving the perfectness of the cause 4) proving the existence of the cause in the secondary 5) proving the strength of the cause over the effect in the secondary. Studying the aforementioned factors revealed that among the types of priority, merely the speculative priority or the analogy of priority would be invalid. The main feature of this type is that it is speculative and there is no verbal realization in it.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
2
v.
1
no.
2016
75
104
http://jostar-fiqh.maalem.ir/article_20961_6ef0c7e48715e2e211d572082ad49155.pdf
dx.doi.org/10.22034/jrj.2016.20961
A Comparative Study of Principles of Lie and Mispointing Information for Secrecy and the Rules Resulting from the Both with Focus on Imam Khomeini’s Viewpoint
Hadi
Mesbah
رییس اداره پژوهش دفتر
author
Ali
Rahmani
عضو هیات علمی آموزش
author
text
article
2016
per
Criticizing the theories on the criteria for lie and truth, many jurists have stated the reality of Tawriyah (mispointing information for secrecy), which have become the reason for the disagreements and the issuance of different rules for Tawriyah. To state the reality of Tawriyah, it might be said that it roots in the proposed viewpoints in the reality of waz’ (attributing a sense to a meaning), the reality of indication, and the relationship of Tawriyahto the emergence and intent. In the middle, the existing contradiction between some traditions to the ones which consider Tawriyahto be false and the standpoint believing in Tawriyahto be conventionally false furthers the challenges among the available rules and viewpoints. The contrastive analysis of this issue has broaden the scope of disagreements as well. Focusing on Imam Khomeini’s viewpoints which have criticized many standpoints, the researchers are to analyze this idea comparatively and to state the ordinance for Tawriyah.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
2
v.
1
no.
2016
105
121
http://jostar-fiqh.maalem.ir/article_20962_3b1ae8c8791dac29478f2ecd7790bd8c.pdf
dx.doi.org/10.22034/jrj.2016.20962
The Nature of Illnesses Leading to Death from Imamiyeh Jurisprudence Perspective
AliReza
Hooshyar
مدرس دانشگاه
author
text
article
2016
per
In Islamic sect’s jurisprudence, the people whose illnesses may lead to their death would enjoy shaky capacity and their contributive appropriations and marriage and divorce make them distinctive from others. Imamiyeh Jurisprudents’ disagree with each other with respect to this issue, and based on the meaning they get from some traditions and their reasoning, they have proposed different opinions and points. With respect to the proposed points and indices, the most challenging issue is whether the illness is a fatal one or not fatal enough. Some of these jurisprudents believe that an illness is deemed to be leading to death while it is considered to be among the fatal and dangerous ones. Believing that such a condition is not mandatory, some other jurisprudents contend that any kind of illness leading to death or may be the reason to death is categorized under the illnesses leading to death, may it be fatal or not. Other reasons for an illness to be named fatal are being too much dangerous, an illness which leads to death less than one year, and if the illness is called an illness by the common. These reasons are among the ones the jurisprudents consider for the ones leading to death. The method of this research is a fundamental study method and data collection using library references.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
2
v.
1
no.
2016
123
143
http://jostar-fiqh.maalem.ir/article_20963_7a05ffbf75824ae036a9edf0e11455a7.pdf
dx.doi.org/10.22034/jrj.2016.20963