Virtual money and legal challenges ahead
text
article
2017
per
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
3
v.
2
no.
2017
9
14
http://jostar-fiqh.maalem.ir/article_65460_c8537bbcf30d1aa96b332f7acd6cab91.pdf
dx.doi.org/10.22081/jrj.2017.65460
Consequences of a Governmental Approach to Ijtihad
saeid
Ziyaei Far
ffffdgdgd
author
text
article
2017
per
Governmental approach to ijtihad is considered a standpoint in ijtihad which is based on an ijtihadi method. According to this viewpoint, it is attempted to deduce jurisprudential precepts based on the governmental and the political system ruling a society. Being established on its specific foundations, this standpoint has borne consequences in ijitihad which are different from the ones existing in a non-governmental approach. This paper is an attempt to compare the governmental and non-governmental consequences and deductions. The former principle depends on executing the precepts of general venue according the view of legal government, expanding the domain of using jurisprudential precepts, the attitude on the properties belonging to the prophet (P.B.U.H) and Imam (A.S), the importance of bolstering the Islamic State rather than focusing other subsidiary religious precepts, administerablity of precepts, their efficiency in ijtihad, the existence of responsibilities in the society, the need for the new deduction precepts, and facilitating the affairs by reducing the references to practical precepts are all among the important consequences of governmental approach in ijtihad lacking in other approaches. Key words: governmental approach, ijtihad, consequences of governmental approach, jurisprudential methods, jurisprudential schools.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
3
v.
2
no.
2017
15
31
http://jostar-fiqh.maalem.ir/article_65471_8d894884f3fc6521c1f9f36aa7d83faa.pdf
dx.doi.org/10.22081/jrj.2017.65471
The Standpoint of No Harm Rule in the Fulfillment of Responsibility towards Aquifers
NematoAlla
dalvand
Ph.D. Student of Islamic Sciences and theology Najafabad Branch, Islamic Azad University, Najafabad, Iran
author
Amanollah
Alimoradi
. Assistant Professor Islamic Azad University, Kerman, Iran
author
Mohamad Ali
Heidari
Assistant Professor Islamic Azad University, Najaf Abad, Iran.
author
text
article
2017
per
As aquifers consist water resources origins, they have been taken into considerations. Aquifers’ management and proper exploitation of these resources would influence on their stability and long-life existence. However, there are some factors such as extravagant exploitation of these resources, underground water resources contamination, and so on and so forth that would lead to catastrophes of their desiccation, contamination, and impoverishment. Aiming at the statement of No Harm Rule in the fulfillment of accountability towards water resources and by utilizing a library research method and using authentic jurisprudential references, the current study has been carried out. Thus, by applying the No Harm Rule, the researchers have investigated and stated the precepts, rules, and responsibilities emanating from the damages incurred to the water resources. The viewpoint of "negating the harmful precept" was concluded in the form of a comprehensive viewpoint including imperative and positive rules as the finding of this research based on which the actions and abandoning these actions from which water resources are damaged would be deemed unlawful and subject to positive rules of warranty. On the other side, this rule enjoys a constructive and affirmative role which includes the damages resulting from the non-precept.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
3
v.
2
no.
2017
33
56
http://jostar-fiqh.maalem.ir/article_65474_5becee12b6daa8cedac61bae74a1c592.pdf
dx.doi.org/10.22081/jrj.2017.65474
Criticism and Analysis of the Theory of Incitement on Incitement
Seyyed Ali Jabbar
Golbaghi Masooleh
Lahijan Un
author
text
article
2017
per
Sometimes, one might perform act of worship in return for being paid. Apparently, asking for a wage for such an action is in contradiction with performing act of worship with the intention of winning God’s favor. The jurisprudents, who consider performing act of worship in this way, have approached this issue under the theory of incitement on incitement and have argumentatively stated such a theory. However, Shiite jurisprudence survey of literature is familiar with this theory, but investigating jurisprudential writings report no formulation of such a theory. Hence, by reviewing the written jurisprudential literature of this theory, the present paper attempts to explain the ideological basis the advocates of this theory believe and to investigate the criticisms the critics have raised with respect to this theory. Then, after responding and justifying these criticisms and referring to their weaknesses, the validity and stability of this theory are clarified, based on a rational argumentation. Likewise, its function is described by analyzing and justifying the epistemological issues of the act of worship jurisprudence. Key words: act of worship correction, worship obedience incitement, incitement on incitement theory, the intention of winning God’s favor, asking for a wage for performing act of worship.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
3
v.
2
no.
2017
57
79
http://jostar-fiqh.maalem.ir/article_65473_6636e475d29b31b68fb61de23e084860.pdf
dx.doi.org/10.22081/jrj.2017.65473
Proportion of the Precept to Subject Matter with an Approach to the Custom's Instrumental Function
Mahdi
Dehghan
Yasooj
author
Abolfazl
Alishahi
Yasooj
author
Abdollah
BahmanPoori
Yasooj un
author
text
article
2017
per
Prior to deducing Islamic precepts, a jurist's mission is to know the effective method of ijtihad without which gaining access to the Shari'ah is impossible. In Shari'ah, the religious precepts are categorized in three main categories of precepts, precept's subject matter, and the dependent. Occasionally, in deducing religious precepts, subject matter is liable to some changes depending on the subject, circumstances, or some conditions which end in the change of the precepts to be issued. Congruence of precept and subject matter include cases and criteria that while referring to a reason, it attracts one's attention to itself unconsciously. The present paper has attempted to illustrate the existing relations between the subject matter and the precept and its significance from outstanding Shia jurisprudents' and Osuli scholars' perspectives. The author believes that by the virtue of authentic texts (nosus) and traditions (ahadith), one might issue a primary precept irrespective of trapping in analogy and he does not need to resort to secondary subject so much. Key words: the congruence of the precept and subject, religious precept, custom, deducing precepts, rational unconsciousness.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
3
v.
2
no.
2017
81
107
http://jostar-fiqh.maalem.ir/article_65478_419bcc20c418a5b908367ea661afa987.pdf
dx.doi.org/10.22081/jrj.2017.65478
Controversy over Kifayah’s Author Opinion about Principle of no Harm Elements and Purports
amirhamzeh
salarzaei
University of Sistan and Baluchestan
author
text
article
2017
per
Principle of no Harm is one the most important and useful principles in deducing precepts. Likewise other scholar, Akhund has discussed this principle in Kifayeh. This study has criticized Kifayah’s author opinion about the well-known Principle of no Harm by emphasizing the spiritual seizure of the tradition. The author of the present paper believes that Akhund’s viewpoint in explaining the Principle of no Harm is in contradiction with literary and verbal principles, the jurisprudential effect influences on this principle, the linguists’ sayings, the scholars of rhetorics ideas, as well as the interpreters’ standpoints and their verbal manner. The conclusion shows that not only the does Principle of no Harm bear a kind of rhetorical succinctness, but also it demonstrates a developed skill of law setting, and unlike Akhund’s viewpoint, its two dependents of lā zarar and lā zerār bear two different meanings and are included among two jurisprudential effects under the title of positive and imperative rules. Key words: Principle of no Harm, irony, Akhund-e Khorasani, positive rule, imperative rule.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
3
v.
2
no.
2017
109
133
http://jostar-fiqh.maalem.ir/article_65477_a259e815ac52d21cf0517362c6def82d.pdf
dx.doi.org/10.22081/jrj.2017.65477
g
Mohammad
Nazari Nodoushan
PhD student of jurisprudence and criminal law
author
Ardavan
Arzhang
Director of the jurisprudence department of Ayatollah Haeri University of Meybod
author
text
article
2017
per
g
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
3
v.
2
no.
2017
135
161
http://jostar-fiqh.maalem.ir/article_65549_02dc7e8218c4cfa612cc8539f171560a.pdf
dx.doi.org/10.22081/jrj.2017.65549