The principle of “Tab’id dar hujjiyyat”
Belal
Shakeri
ph.d. student of juresprudence and basis of low ferdowsi university
ph.d. student of seminary of khorasan
author
Mohammadtaghi
Fakhlaei
null
author
text
article
2020
per
The principle of “Tab’id dar hujjiyyat” is one of the principles which its various aspects are not well explained in jurisprudence works. This article, with descriptive and analytical method will examine different views concerning this principle in both states of existence and proof. The findings of research are as follow: this principle has no problem in the state of certainty and in the state of proof has seven proofs of validity. Regarding its framework, the principle is accepted in narrations which have non-analytic implicit implication and independent parts with independent rulings. But if narrations have analytic implicit implication or non-analytic but with one ruling implication the principle does not work or at least its work is in doubt. As the “sira” (tradition), which has an important role in proving this principle and its framework, has no text and it is “lobbi” it is not possible to use the principle in issues that are doubtful. This division between two area is also compatible with those seven proofs.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
6
v.
1
no.
2020
7
33
http://jostar-fiqh.maalem.ir/article_68490_f7561b02f7e7d49255abd7782ae87c80.pdf
dx.doi.org/10.22034/jrj.2019.53393.1630
Review of the evidences and documents of the rule 'special guardianship is stronger than general guardianship'
Maryam
Gholamizainabad
jurisprudence and principles of Islamic law
ferdowsi university of mashhad
author
Hosseian
Saberi
Professor Department of Jurisprudence Faculty of Theology
author
mohammad taghi
fakhlae
Professor Department of Jurisprudence Faculty of Theology
author
text
article
2020
per
The rule of 'special guardianship is stronger than general guardianship' is among the jurisprudential rules expressed by some Sunni scholars and referred to it in jurisprudential branches. According to this rule, the relationship between special guardianship and whatever under his guardianship is so strong and entrenched that with it is no right to any manipulation for the general guardianship within the special rang of guardianship. In the present research, we at first analyzed and studied the tradition (ahadith) based on the Sunni jurists as the evidence of the rule, and then we have expressed other evidences as the customarily' Confirmations' and some criticized some of them. also we have mentioned the rule ' Nearer of kin excludes the remoter’ kin excludes which is expressed by the Imamia jurists in the chapter of inheritance but no one has mentioned it as a reason for this rule and we have tried to prove it. Ultimately the tradition of 'Lahmah' and tradition of 'Assultan is guardian of whom is not guardian for him' and rule of 'Nearer of kin excludes the remoter' have agreement as accepted reasons for prove the rule.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
6
v.
1
no.
2020
35
67
http://jostar-fiqh.maalem.ir/article_68506_27749099b0519ba3affeaa8ede95d89c.pdf
dx.doi.org/10.22034/jrj.2019.53023.1600
Right-oriented or Task-oriented of the language of jurisprudence from the viewpoint of Faryqeyn with an emphasis on the ideas of Ayatullah Javadi Amoli
Ebrahim
Javanmard Farkhani
Assistant Professor of Gonbad Kavous University
author
text
article
2020
per
Some believe that islamic jurisprudence before pay attention to human rights, Leads man toward task-oriented. They have raised the some misconceptions such as islamic jurisprudence is based on the task and dependence of Western legal system on the right and conflict religious should and shouldn't with the right-oriented. Accordingly, in this research we are going to analyze right-oriented or Task-oriented of the islamic jurisprudence from the perspective of Sunni scholars and Imams' jurists, especially Ayatullah Javadi Amoli as creator of religious though. The method of this paper is to analyze-description. The research data was collected by using the library. Research findings it shows that with combining the horizons of religious scholars and expanding and integrating their votes can be obtained to important subscriptions. They agree on the idea that that language of jurisprudence is not only the language of duties but at times the jurisprudence is to appear language of duty, is spoken in order to ensure human rights. In fact jurisprudential should ways to preserve and protect the rights and jurisprudential shouldn't shows security injury rights. Thus, if a careful look at islamic jurisprudence, don't see unless the rights and interests and with this attitude we can say all tasks will return to rights.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
6
v.
1
no.
2020
69
94
http://jostar-fiqh.maalem.ir/article_68440_4a41c8c6b338a3f45dc3c40bc58eb762.pdf
dx.doi.org/10.22034/jrj.2019.48269.1203
"Concept-to-Exit Mistake" in the definition of usury and its role in evaluating banking operations.
Comparative Study in the Quran, Traditions and Islamic Imams
sayed amrollah
hoseini
Imam Khomeini International Univer sity-Assistant Professor
author
text
article
2020
per
In the Islamic banking system, relying on this discourse, any suspiciousness of contracts is denied, because the transaction rig that does not occur in the bank also includes a small percentage of the facility, which is typically borrowed. Delinquent fines are also received in the form of an obligation that is due to the violation of the obligation of religion at maturity, and not against the extension of the grace period to the abduction of ignorance. But this discourse seems to have been mistaken for the concept. Because in the Holy Qur'an the verdict of the rabbi is expressed and not its definition, it has been stated in some traditions in some narrations. But what is actually the meaning and nature of riba? What is the common ground between the examples mentioned for the robbery? If the robbery is unique to the loan, why are some other activities, such as unemployment, etc., are prohibited? In this paper, in the method of induction and analysis of cases, it has been concluded that rabba has a comprehensive concept that includes all existing and emerging examples. The grave deal is two clear examples of this concept. Rabbah refers to the Qur'an and includes every instance that this The concept is being reduced. This concept is "excessive necessity for a householder in exchange for a period of time, with the assurance of the principle", the traditions and historical evidence confirms this concept. This concept has emerged today in all banking contracts.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
6
v.
1
no.
2020
95
123
http://jostar-fiqh.maalem.ir/article_68508_01d0cf54e8d43d84c35edb31addcc864.pdf
dx.doi.org/10.22034/jrj.2019.52218.1555
The validation of the condition of derotation in a waqf contract
Gholamreza
Yazdani
University faculty member
author
text
article
2020
per
The contracts are permissible and necessary in terms of whether they can be terminated or not. It is not possible to terminate the contract only if one of the parties or both of them, the derogate is fixed or the parties agree on the dissolution. The necessary contracts are also to be divided in the other direction, and those necessary contracts are curable and the necessary contracts that are not curable. Iran's civil law is silent about the possibility or impossibility of inserting derogate into a waqf contract. Therefore, the rights of lawyers in this regard are controversial. In jurisprudence, too, what is the Imamite jurisprudence and Sunni jurisprudence is also a matter of dispute. Some of the conditions forderogate in the waqf contract are considered correct. In contrast to some, the verdict has given both the void and the contract, and in the end some believe that the condition is void but the contract is correct. In this research, based on a library method and based on a descriptive analytical method, it is concluded that the condition of derogate in the waqf contract is correct. The silence of civil law must also be passed on to the legislator.
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
6
v.
1
no.
2020
125
149
http://jostar-fiqh.maalem.ir/article_68439_4f8b404dd7b3d257ff10381b088f8553.pdf
dx.doi.org/10.22034/jrj.2019.52174.1539
The comparative survey of Separation between Insolvency and Iflas Institutions and Its Effects in Jurisprudence and Law
Ahmad
Moballeghi
misteress Majlis Islamic Studies Center, qom,iran
author
Mohsen
Vaseghi
department of law
author
Mohammad
Mehryar
Master of Mofid university, Qom, Iran.
author
text
article
2020
per
The Insolvency and Iflas institutions has been discussed in Imamiya jurisprudence and other Islamic religions. The recognition of these two concepts is important because they both have been used in The laws of the Islamic Republic of Iran and regulations. In addition to insolvency and Iflas, another institution has been placed in law called bankruptcy. The legal basics of states, differs in terms of using these three institutions. The legislator institution has been forced to remove one of these two concepts from legal literature in Islamic Republic of Iran, because of the overlap between them. The question is how to interpret existing rulings about Iflas in other regulations such as the Civil law, after repealing of Iflas institution and its effects in 1935 by the legislator. There is three different methods for interpreting these regulations. It seems that the right method of interpreting these regulations, is to concentrate on their jurisprudential backgrounds
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
6
v.
1
no.
2020
151
179
http://jostar-fiqh.maalem.ir/article_68498_ce42fb865ad17055ef860518e4aaab20.pdf
dx.doi.org/10.22034/jrj.2019.53325.1632
principle of validity of transactions and its relation to article 10 of Iranian civil code
Jalil
Ghanavaty
Un Tehran
author
Esfandiyar
Safari
university Ahlolbeyt international
author
text
article
2020
per
Considering the obligatory duty (hokm taklifi) ,The purpose of the principle of authenticity is that the actions of others should be treated as correct and legitimate, and as long as there is no reason to believe that it is false ,it should not be considered the actions of people as illegitimate and inaccurate. Another meaning of the principle of validity ( hokm vazee) is interpreting validity against nullity (hokm vazee) ,In this sense, we must interpret the behavior of a Muslim individual in a way to obtain valid and legal effect from the lagal acts. The first and primary principle in transactions orders,whether in doubts about commandment (hokm taklifi) about status (hokm vazee) is invalidity. legal presumption of continuity (esteshab) will draw a conclusion,not to convey the title), unless there is an authentic religous and legal proof(in general or particular) contrary to it. In principle, correctness in doubts about status _despite of diversity of in some instance _ is prior to invalidity. Article 10 of Iranian civil code is merely applicable in doubts about commandments (hokm taklifi) and article 223 will be used in doubts about status and cannot be relied on in doubts about commandment
Islamic Law, Jurisprudence and Methodology
Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch
2476-7565
6
v.
1
no.
2020
181
206
http://jostar-fiqh.maalem.ir/article_68491_ef98307cbdc717522a9adf97f7ab87c5.pdf
dx.doi.org/10.22034/jrj.2020.51273.1445