The Validity of Future Time Presumption of Continuity in Deducing Legal Rules
Mojtaba
Elahi Khorasani
Howzeh Mashhad
author
Amir
Zahedi
Feqh
author
text
article
2018
per
Presumption of Continuity (Istishāb) is one of the most applicable evidences in deducing legal rules, one of which is future time presumption of continuity according to definite and uncertain time. Future time presumption of continuity means that given all the three sureness time, doubt, and definite happen at present before the obliged but the uncertain time is presumed in the future, it is reinstated from its continuation to the future. Likewise present common type of presumption of continuity, such a kind of presumption of continuity has got paramount significance and application to jurisprudence and deduces rules. However, most of Osūli scholars have failed to discuss it and trivial discussion have been made regarding to this type of presumption of continuity in Osūli books, albeit there are some evidences to the effect that future time presumption of continuity could be proved. The traditions on the issue of presumption of continuity and conformity of presumption of continuity with future time presumption of continuity prove the validity of future time presumption of continuity and would resolve the proposed problems in this regard. Similarly, a review of its applications to jurisprudence such as bedār permissibility, blood money non- reparation, early transaction necessity, trustee's justice, fetwā alteration, and etc. all show the significance of this type of presumption of continuity.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
4
v.
3
no.
2018
7
30
http://jostar-fiqh.maalem.ir/article_66152_7f74f1ab6cd01d883f68aa336704eee3.pdf
dx.doi.org/10.22034/jrj.2018.66152
A Reflection upon Using Lots in Contradiction
mirza mohammad
vaezi
student
author
sayyed mohammad taghi
ghabooli
دانشیار دانشگاه فردوسی
author
mohammad taghi
faklaei
استاد دانشگاه فردوسی مشهد
author
text
article
2018
per
The objective examples of two contradictory rules could be seen in so many instances and clarifies the investigation of the metrics for identifying the most important ones which have not been examined closely. The present paper has focused on the status of using lots among the metrics of preference in the contradiction issue. To be noted that, the one who is charge of deducing the most significant looks for the criteria for preferring a rule to the others and by resorting to the rationality, he refracts the metrics of preference so that he could conclude or see it likely to rule against or for one of the contradictors. Having stated the types of contradiction and using lots rules, this paper is to analyze and investigate jurisprudential examples in this regard and discusses the conditions of using lots in different categorizations of contradiction. According to the authors, the applicability of lots given the indications and practical principles are met should be taken into account, while the definite and probable metrics are (un)balanced due to the contradiction of different rights. With respect to two instances of contradiction from the viewpoint of preference, it is acceptable in criterion-based contradiction while in complying contradiction, if the metrics are absent or unbalanced and practical principles are not referable, resorting to the lots is sound, although in most cases optional priority is prioritized to the obligatory ones.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
4
v.
3
no.
2018
31
52
http://jostar-fiqh.maalem.ir/article_66144_846ff7f083f92ecb337b6b47687533e1.pdf
dx.doi.org/10.22034/jrj.2018.66144
Stating Deterrent Crimes with Emphasis on Non-litigious Matters
Sajad
Roostaei
hoghoogh jaza
author
text
article
2018
per
Most of the studies done on the analysis of the jurisprudential principles of deterrent crimes have legally justified such crimes based on Osūli principles of preventing any corruptive deed (Sade Zaraye'), the obligation of the obligatory introduction and illegality of illegal introduction and so on and so forth. However, they have all ignored this fact that none of the above mentioned principles could not be considered as general rules and thereof are not generalizable to justify the prohibition of deterrent crimes. The significant issue is studying the end of non-permissibility of such crimes and finally proposing a general rule, so that it could be a comprehensive rule for such crimes, as the lack of formulating rules and frameworks in this respect may lead to deprive committers' rights under the pretext of social rights. According to present research findings, non-litigious institution- a phenomenon which fully supported by the legislator- could be the most acceptable criterion for deterrent crimes. Based on this view, bringing order to the society and citizens' affairs and in general, strengthening the regime are considered among Non-litigious affairs which occasionally are fulfilled by preventing the preliminaries and means which pave the ground for other major crimes. Thus, this is the focal point where the crimes are committed. Therefore, according to this criterion, deterrent crime could be changed to a considerable assumption.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
4
v.
3
no.
2018
53
75
http://jostar-fiqh.maalem.ir/article_66153_91bbca50912cb624a28168758df4a949.pdf
dx.doi.org/10.22034/jrj.2018.66153
Analysis of the rare jurisprudential opinion about Muslim Women's Hijab
mozhdeh sadat
ebrahimi
mashad
author
mohammad taghi
fakhlae
Professor
Department of Jurisprudence
Faculty of Theology
author
Hosseian
saberi
enghlish
author
text
article
2018
per
Analysis of the rare jurisprudential opinion about Muslim Women's Hijab His article is a veil The origin of the parenchyma is necessary, but there is no limit to the agreement of the existence of a menstrual cycle. Most of the scholars considered that it is obligatory to perform a full-fledged prosthesis with the exception of the face and limbs of the eye, as opposed to a rare eye. Aza Angha Shahrt is a proof of truth and perfection and the reason for the weakness and weakness of the rule of Astr, Berlusi Dalil and documents rare critical jurisprudence necessary to look Miersad. Noshta present in the footsteps of Dr. Sir Tarikhi responsible for Hijab and Shinasayi Arai Nadir Dur different roles, analyzed by Annah Pradakht. Barengende Achieved Achievement, Biangar Ansteke Diddagah, a famous theoretician in the field of theoretical and practical analysis, Dard et al 1. Hijab 2. Women's veils & Coverings 3. Judicial Opinions 4. Face and two palms 5. Women's prayer coverings & non-prayer coverings
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
4
v.
3
no.
2018
77
101
http://jostar-fiqh.maalem.ir/article_66243_2c82d2e06240e699f1161e38e59fef0c.pdf
dx.doi.org/10.22034/jrj.2018.51307.1450
e
Mahdiyeh
Ghanizadeh
Sistan & Balochestan
author
Mohammadreza
Kaykha
Sistan & Balochestan Un
author
Ali
Tavallaei
Yazd University
author
text
article
2018
per
eص
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
4
v.
3
no.
2018
103
126
http://jostar-fiqh.maalem.ir/article_66151_122b4ac39a970fdefe5cb7dd225a0ea8.pdf
dx.doi.org/10.22034/jrj.2018.66151
The Extent of Affect and Susceptibility of the Special Status of Siamese Twins in Islamic Lex talionis Punishment
Taher
Alimohammadi
Associate Professor at Ilam University
author
Mohammad mehdi
Zarei
Assistant Professor at Mazandaran University
author
Hamzeh
Nazarpour
Ph.D. student of jurisprudence and the basics of Islamic law of Mazandaran University
author
text
article
2018
per
Murder or injury to the peoples’ physical entirety is considered among crimes which have been attracted the attention of human lawmakers, and consequently, the most severe punishments have been leveled against such crimes. The Islamic lawmaker has considered lex talionis as the penalty for murder. Such a crime punishment turns to be so complicated in cases it is associated with people with special physical conditions such as Siamese Twins which needs to be investigated. The findings of this paper report that Siamese Twins reflect either independent or joint personalities. Thus, this issue is effective in the related sentences passed for them. Regarding the murder sentence, if one of the twines commits murder, due to the death of the other because of the lex talionis, this sentence would be cancelled, otherwise one of them could be separated from the other, and if the twins are intentionally murdered, due to the multiplicity of crimes, punishments are also multiplied. However, if one of the twins is killed intentionally and the other dies consequently, regarding to the first one, the murderer is sentenced to lex talionis and with respect to the other, given the murder is intentional or unintentional, the related sentence is passed.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
4
v.
3
no.
2018
127
150
http://jostar-fiqh.maalem.ir/article_66145_effc97d897d7948d193d63afd111171b.pdf
dx.doi.org/10.22034/jrj.2018.66145