Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 5 1 2019 05 22 The Preference of Narration based on Ahdathiyat The Preference of Narration based on Ahdathiyat 7 38 66912 10.22034/jrj.2019.51764.1496 FA Aboalghasem Valizadeh urmia univercity Mohammadmahdy Valizadeh hozeh qom Journal Article 2018 08 16 The current research is to validate the preference of tradition based on ahdathiyat. Posteriority of the issuance of a narration to another, as it is called ahdathiyat, is an issue that has been focused on by some jurisprudents and osūli scholars regarding the contradiction of traditions. Some scholars contend that such a matter is categorized under the issue of devoted preferences of the hadith whose argument relies on the five traditions, although the majority of osūli scholars have criticized such a basis and do not confirm its indication. Among such scholars, some believe in the intellectual basis for preference while on the contrary, most of such scholars have absolutely denied and rejected its being preferable. The research method is descriptive-analytical with a critical approach. Having mentioned the tentative countenances of the effect of these traditions and classifying the contradictions into document-related, implication-related, and cases-related, the researchers have classified the implication-related one to specific (textual concept) and general (common concept). Thus, some of the contradictions are resolved and some of the countenances of indication are supported, while due to some of the in-text and out-text indications and evidences and due to the infeasibility of resolving some contradictions, the effect of these traditions is in contradiction with the preference of ahdath toreach the true ruling regarding the issue of contradiction. The current research is to validate the preference of tradition based on ahdathiyat. Posteriority of the issuance of a narration to another, as it is called ahdathiyat, is an issue that has been focused on by some jurisprudents and osūli scholars regarding the contradiction of traditions. Some scholars contend that such a matter is categorized under the issue of devoted preferences of the hadith whose argument relies on the five traditions, although the majority of osūli scholars have criticized such a basis and do not confirm its indication. Among such scholars, some believe in the intellectual basis for preference while on the contrary, most of such scholars have absolutely denied and rejected its being preferable. The research method is descriptive-analytical with a critical approach. Having mentioned the tentative countenances of the effect of these traditions and classifying the contradictions into document-related, implication-related, and cases-related, the researchers have classified the implication-related one to specific (textual concept) and general (common concept). Thus, some of the contradictions are resolved and some of the countenances of indication are supported, while due to some of the in-text and out-text indications and evidences and due to the infeasibility of resolving some contradictions, the effect of these traditions is in contradiction with the preference of ahdath toreach the true ruling regarding the issue of contradiction.

http://jostar-fiqh.maalem.ir/article_66912_48f1b72246ce823771a56f7672609659.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 5 1 2019 05 22 Analyzing the Togetherness of Command and Forbiddance Analyzing the Togetherness of Command and Forbiddance 39 60 66981 10.22034/jrj.2019.51067.1424 FA Alireza Hooshyar dsfsggs fdgdt bfgfy bfgh by bvhvy mvhvy mvhfy Hasan Ghanbari dsgsg bsffgf ghhjj ghhjj gftgb. Journal Article 2018 05 25 The issue of the permissibility of togetherness of command and forbiddance is considered among the most complex and oldest issues in the knowledge of oṣūl which has jurisprudential and practical benefits such as the truth or wrongness of saying prayers in a usurped place. Having investigated the lexicon and clarifying the subject matter, the researchers have proposed three opinions in this regards such permissibility, refusal, and intellectual permissibility and customary refusal. In the next phase, the researchers have raised the most important issue of negating and confirming reasons and the issue of compulsion due to the lack of freewill. There are to six opinions and principles about the person who have doomed himself obliged due to lack of freewill among which the absolute command wavier, taking the obligation, affirming the forbiddance of act, and lack of obligation could be mentioned. Having explained and expanded these opinions, the researchers have investigated the weaknesses of these opinions using the Qur'an verses and the Imam's traditions and have proved that proposing the issue of compulsion by the shariah legislator from the viewpoint of ruling the society is narrowed; therefore, any kind of compulsion cannot remove the illegality. Ultimately, they have proved the opinion to the permissibility of gathering the command and forbiddance using other jurisprudential chapters. The issue of the permissibility of togetherness of command and forbiddance is considered among the most complex and oldest issues in the knowledge of oṣūl which has jurisprudential and practical benefits such as the truth or wrongness of saying prayers in a usurped place. Having investigated the lexicon and clarifying the subject matter, the researchers have proposed three opinions in this regards such permissibility, refusal, and intellectual permissibility and customary refusal. In the next phase, the researchers have raised the most important issue of negating and confirming reasons and the issue of compulsion due to the lack of freewill. There are to six opinions and principles about the person who have doomed himself obliged due to lack of freewill among which the absolute command wavier, taking the obligation, affirming the forbiddance of act, and lack of obligation could be mentioned. Having explained and expanded these opinions, the researchers have investigated the weaknesses of these opinions using the Qur'an verses and the Imam's traditions and have proved that proposing the issue of compulsion by the shariah legislator from the viewpoint of ruling the society is narrowed; therefore, any kind of compulsion cannot remove the illegality. Ultimately, they have proved the opinion to the permissibility of gathering the command and forbiddance using other jurisprudential chapters.

http://jostar-fiqh.maalem.ir/article_66981_d31baab8d478cf60e900aea73bc08715.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 5 1 2019 05 22 A Comparative Reflection on Erroneous Contagious and non-contagious Injuries in Jurisprudence and Criminal Law (A Criticism and Correction Proposal for the article 539 of the Islamic Penal Code) A Comparative Reflection on Erroneous Contagious and non-contagious Injuries in Jurisprudence and Criminal Law (A Criticism and Correction Proposal for the article 539 of the Islamic Penal Code) 61 87 66913 10.22034/jrj.2019.66913 FA Ahmad Haji DehAbadi EnglishFiqh of Hawza A`zam Mahdavipoor Stadiar Grouh Rights of Jaza and Jasm Shanasi Danshgah Khwarzmi Taha Zargarian Legal Medicine Center for Forensic Medicine Journal Article 2018 03 05 Different injuries could be the result of a single blow or various ones. Assuming such blows are contagious or non-contagious, no more than four assumptions would be conceivable. 1) None of the injuries are contagious. 2) All of the injuries are contagious and lead to a new crime. 3) Some of the injuries are contagious and could end in a more severe injury. 4) Some of the injuries are contagious and could end in the injured death. In line with jurisprudential principles and regarding the issue of blood money, the legislator has ruled to multiplicity of ransoms (article 538 of the Islamic Penal Code) and the interference of ransoms (on the clause B of article 538 of the Islamic Penal Code). Likewise, to enact the law for determining the method of the blood money in the assumed above-mentioned third and fourth assumptions has been stipulated in the continuation of clause B, article 539 as: " If death or amputation or any more severe injury are due to the contagion of some kind of injuries, the ransom of contagious injuries interfere with the whole body full ransom, or member ransom, or greater injury while the ransom for non-contagious injuries are calculated separately and thereupon the ruling is issued". Although, regarding the third assumption, the legislator's ruling is in accordance with jurisprudential principles, the legislator's law-making are criticized severely regarding the fourth assumption. Using a descriptive-analytical method, the present paper is to investigate the issues regarding the fourth assumption based on separation of single blow and multiple ones, either successive or no-successive. The researchers prove that contrary to the related article, if some injuries are contagious and the inured dies, the whole body full ransom is merely required to be paid and there is no obligation to calculate non-contagious injuries, unless the blows are knocked repeatedly and in some intervals. Different injuries could be the result of a single blow or various ones. Assuming such blows are contagious or non-contagious, no more than four assumptions would be conceivable. 1) None of the injuries are contagious. 2) All of the injuries are contagious and lead to a new crime. 3) Some of the injuries are contagious and could end in a more severe injury. 4) Some of the injuries are contagious and could end in the injured death. In line with jurisprudential principles and regarding the issue of blood money, the legislator has ruled to multiplicity of ransoms (article 538 of the Islamic Penal Code) and the interference of ransoms (on the clause B of article 538 of the Islamic Penal Code). Likewise, to enact the law for determining the method of the blood money in the assumed above-mentioned third and fourth assumptions has been stipulated in the continuation of clause B, article 539 as: " If death or amputation or any more severe injury are due to the contagion of some kind of injuries, the ransom of contagious injuries interfere with the whole body full ransom, or member ransom, or greater injury while the ransom for non-contagious injuries are calculated separately and thereupon the ruling is issued". Although, regarding the third assumption, the legislator's ruling is in accordance with jurisprudential principles, the legislator's law-making are criticized severely regarding the fourth assumption. Using a descriptive-analytical method, the present paper is to investigate the issues regarding the fourth assumption based on separation of single blow and multiple ones, either successive or no-successive. The researchers prove that contrary to the related article, if some injuries are contagious and the inured dies, the whole body full ransom is merely required to be paid and there is no obligation to calculate non-contagious injuries, unless the blows are knocked repeatedly and in some intervals.

http://jostar-fiqh.maalem.ir/article_66913_6da078b387193813fd4745659f803990.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 5 1 2019 05 22 A Jurisprudential Investigation of Iranian Guardian Council's Selected Reasons in Rejecting Extradition Treaties between Iran's Government and other Ones A Jurisprudential Investigation of Iranian Guardian Council's Selected Reasons in Rejecting Extradition Treaties between Iran's Government and other Ones 89 115 66755 10.22034/jrj.2019.52152.1536 FA Reza Mohammadi Member of faculty member of Imam Khomeini Research Institute / Qom / Iran Ali Andalibi Howzeh Mohammad Ibrahim Shams Nateri Pardis Un Journal Article 2018 09 17 Investigating the reasons and documentations of the Guardians Council in declaring some ratification against the shariah rules could wield remarkable influences in jurisprudential studies. The issue of extradition is among the ones whose related treaties have been declared against shariah rules by the Guardians Council. The different branches and subsidiaries of extradition and the Guardian Council's jurisprudential documentations such as "submission of a Muslim criminal to other countries under the issue of extradition" should be assessed and analyzed and its principles and sources should be studied. Having examined and analyzed the Council's Guardian documentations and argumentations in rejecting the ratifications of criminal extradition and jurisprudential reasoning regarding the primary ruling of a Muslim criminal extradition to Islamic and non-Islamic countries (except that of Nafyi Sabil), the researcher has highlighted that to sign contract of criminal extradition with non-Islamic countries could be considered as problematic given it is required to submit a Muslim criminal to infidels for execution or trial by the virtue of some primary jurisprudential rules such as the reasons for illegality of confirming infidel's judiciary system and the principle of "hormat I'aneh bar ithm". Thus, referring to Hodaybiyah Peace Treaty is not true for proving the permissibility of extradition. Investigating the reasons and documentations of the Guardians Council in declaring some ratification against the shariah rules could wield remarkable influences in jurisprudential studies. The issue of extradition is among the ones whose related treaties have been declared against shariah rules by the Guardians Council. The different branches and subsidiaries of extradition and the Guardian Council's jurisprudential documentations such as "submission of a Muslim criminal to other countries under the issue of extradition" should be assessed and analyzed and its principles and sources should be studied. Having examined and analyzed the Council's Guardian documentations and argumentations in rejecting the ratifications of criminal extradition and jurisprudential reasoning regarding the primary ruling of a Muslim criminal extradition to Islamic and non-Islamic countries (except that of Nafyi Sabil), the researcher has highlighted that to sign contract of criminal extradition with non-Islamic countries could be considered as problematic given it is required to submit a Muslim criminal to infidels for execution or trial by the virtue of some primary jurisprudential rules such as the reasons for illegality of confirming infidel's judiciary system and the principle of "hormat I'aneh bar ithm". Thus, referring to Hodaybiyah Peace Treaty is not true for proving the permissibility of extradition.

http://jostar-fiqh.maalem.ir/article_66755_452a6d74f5d02b7466f93b329ba6bf49.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 5 1 2019 05 22 reflection again on the jurisprudence principles Diaa of lips ( subject of article 607 ): from Taskif theory to Taghlib theory reflection again on the jurisprudence principles Diaa of lips ( subject of article 607 ): from Taskif theory to Taghlib theory 117 142 66754 10.22034/jrj.2019.51339.1453 FA Majid Ghorgebeyghi College faculty member Mohamad Jafar Sadeqpour Centre for Forensic Studies Centre Sohrab Bahadori PhD student Journal Article 2018 06 21 Shia Muslims all believe that the loss of both sides will prove the heart of the blood , but they differ on the amount of blood on each lips separately and in solitary confinement. in addition , all of the opinions expressed in this regard can be found in the form of two general. in the first thesis , which can be referred to as the " Taskif theory " , upper - and lower lip are equal in the amount of blood , each containing half a total amount of blood . the idea is adopted in article 607 of the islamic penal code ( approved in 1392 ) of the iranian lawmaker . in the second thesis , in this paper , " Taghlib theory " is higher , lower lip blood ratio is higher than the upper lip. the believers in the latter theory , in the amount of this increase , are not on one vote , Each one , for some reason , has a particular value for it . in this study , with descriptive and analytical method and with reference to valid documents , Taghlib theory has been preferred , and from the three perspectives that are presented below the theory in the field of lip redundancy , a view that is compatible with the delicate narrative , the upper lip is half of perfect blood and the blood loss of the lower lip is two thirds complete. Shia Muslims all believe that the loss of both sides will prove the heart of the blood , but they differ on the amount of blood on each lips separately and in solitary confinement. in addition , all of the opinions expressed in this regard can be found in the form of two general. in the first thesis , which can be referred to as the " Taskif theory " , upper - and lower lip are equal in the amount of blood , each containing half a total amount of blood . the idea is adopted in article 607 of the islamic penal code ( approved in 1392 ) of the iranian lawmaker . in the second thesis , in this paper , " Taghlib theory " is higher , lower lip blood ratio is higher than the upper lip. the believers in the latter theory , in the amount of this increase , are not on one vote , Each one , for some reason , has a particular value for it . in this study , with descriptive and analytical method and with reference to valid documents , Taghlib theory has been preferred , and from the three perspectives that are presented below the theory in the field of lip redundancy , a view that is compatible with the delicate narrative , the upper lip is half of perfect blood and the blood loss of the lower lip is two thirds complete.

http://jostar-fiqh.maalem.ir/article_66754_8054f2314dab9cfb4b2123c1812e8917.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 5 1 2019 05 22 The Position of Repentance in Legal System of Ta'zirāt Penalty The Position of Repentance in Legal System of Ta'zirāt Penalty 143 165 67030 10.22034/jrj.2019.67030 FA Hamidreza Zojaji Islamic Azad University- Khorasgan Branch Mahmoud Malmir Islamic Azad University- Khorasgan Branch Journal Article 2018 03 21 Beyond a religious, jurisprudential and ethical teaching, repentance has been systematically inserted to the penal law policy of Iran for the first time. Currently, it has been proposed as a lenient institution in the Islamic Penal Code ratified in 2012. The lawmaker's such a novel and admirable approach is appreciable as it helps the criminals repent voluntarily to improve themselves, and such a decision promotes remedial and corrective justice and stopping crimes instead of punitive justice using Qur'anic teachings. Investigating jurisprudential and theoretical principles about this valuable and ethical institution and stating penal policy of Iran after a long period of time regarding the effect of repentance on tazirat which devotes the highest amount of shares to itself has been specified with this action. The legislator has approved three systems based on the type and degree of the crime in ta'ziri crimes using a differential approach between the types and degree of ta'ziri crimes. The lawmaker believes that the influence of repentance in crime amputation or commutation is subject to the degree of ta'ziri crime with respect to the strength and weakness of crimes and clear textual or non-textual identity of ta'zirat. Investigating the position of eight articles in the Islamic Penal Code about this ethical institution relying on jurisprudential principles and resources to disambiguate the ambiguities such as the realm of influence of crime blockage in texted clear religious taziart and stating the shortcomings and pathology such as the condition for making sure for the correction and repentance of the repenter, so that his repentance is accepted without determining criterion and adopting a method for its certainty and offering applied corrective suggestions to improve this institution all form the significance of this research. Beyond a religious, jurisprudential and ethical teaching, repentance has been systematically inserted to the penal law policy of Iran for the first time. Currently, it has been proposed as a lenient institution in the Islamic Penal Code ratified in 2012. The lawmaker's such a novel and admirable approach is appreciable as it helps the criminals repent voluntarily to improve themselves, and such a decision promotes remedial and corrective justice and stopping crimes instead of punitive justice using Qur'anic teachings. Investigating jurisprudential and theoretical principles about this valuable and ethical institution and stating penal policy of Iran after a long period of time regarding the effect of repentance on tazirat which devotes the highest amount of shares to itself has been specified with this action. The legislator has approved three systems based on the type and degree of the crime in ta'ziri crimes using a differential approach between the types and degree of ta'ziri crimes. The lawmaker believes that the influence of repentance in crime amputation or commutation is subject to the degree of ta'ziri crime with respect to the strength and weakness of crimes and clear textual or non-textual identity of ta'zirat. Investigating the position of eight articles in the Islamic Penal Code about this ethical institution relying on jurisprudential principles and resources to disambiguate the ambiguities such as the realm of influence of crime blockage in texted clear religious taziart and stating the shortcomings and pathology such as the condition for making sure for the correction and repentance of the repenter, so that his repentance is accepted without determining criterion and adopting a method for its certainty and offering applied corrective suggestions to improve this institution all form the significance of this research.

http://jostar-fiqh.maalem.ir/article_67030_5ca0374f752bb680aaebe86268c92e0c.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 5 1 2019 05 22 Analyzing the Segregation between Declaring War against God and Corruption on the Earth in Islamic Revolution of Iran's Penal with Emphasis on Islamic Penal Code (2012) Analyzing the Segregation between Declaring War against God and Corruption on the Earth in Islamic Revolution of Iran's Penal with Emphasis on Islamic Penal Code (2012) 167 189 67028 10.22034/jrj.2019.49065.1258 FA Amirhamzeh Salarzaei University of Sistan and Baluchestan Jamileh Afroushteh Sistan and Baluchestan University Journal Article 2017 11 11 As ratification of new laws and regulations really needs refinement and expurgation and as the necessity of analyzing such laws is crystal clear, the resent paper is to level a fundamental criticism on the penal rule of declaring war against God (mohārebeh) and corruption on the earth (ifsade filardh). The main question of this research is that why the criminal acts of declaring war against God and corruption on the earth have been mentioned as two separate criminal subjects? The research hypothesis is created based on the Fourth Principal of Constitution of the Islamic Republic of Iran and seems that categorizing these two crimes under the same subject and category lacks reliable reason. Therefore, the existence of Innamā (showing limitation) and wāw (showing linking), the same subject in the word yuhāriboon and yasoon and interpreting this verse for the accused, as well as considering jurisprudents' opinions and concluding the traditions on the issue of mohārebeh all entail that these two issues enjoy the same rule which corresponds the criminal act. As ratification of new laws and regulations really needs refinement and expurgation and as the necessity of analyzing such laws is crystal clear, the resent paper is to level a fundamental criticism on the penal rule of declaring war against God (mohārebeh) and corruption on the earth (ifsade filardh). The main question of this research is that why the criminal acts of declaring war against God and corruption on the earth have been mentioned as two separate criminal subjects? The research hypothesis is created based on the Fourth Principal of Constitution of the Islamic Republic of Iran and seems that categorizing these two crimes under the same subject and category lacks reliable reason. Therefore, the existence of Innamā (showing limitation) and wāw (showing linking), the same subject in the word yuhāriboon and yasoon and interpreting this verse for the accused, as well as considering jurisprudents' opinions and concluding the traditions on the issue of mohārebeh all entail that these two issues enjoy the same rule which corresponds the criminal act.

http://jostar-fiqh.maalem.ir/article_67028_f3b20acc05d3a569f57a8aa4fadb8fd4.pdf