Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 11 3 2025 11 22 Reading the functions of fame from the point of view of Shia scholars with emphasis on Mirza Naini's initiatives Reading the functions of fame from the point of view of Shia scholars with emphasis on Mirza Naini's initiatives 7 32 78127 10.22034/jrj.2025.69601.2846 FA Akbar Najm Lecturer at the higher levels of Qom Seminary and PhD student in Jurisprudence and Fundamentals of Islamic Law at Farabi Colleges.(Corresponding Author). Mohammad Ali Khademi Kosha Instructor of Advanced Level Studies of Qom Seminary, Head of the “Sciences Related to Fiqh” Department at Research Center for Jurisprudence and Law of The Islamic Sciences and Culture Academy. Qom. Iran. Seyyed Abdorrahim Hosseini Associate Professor, Faculty of Theology, Farabi College, University of Tehran. Iran. Ali Ja"fari Associate Professor Faculty of Theology, Farabi College, University of Tehran. Journal Article 2024 07 27 One of the innovations of Mohaghegh Naini in the science of principles is related to the inferential validity of reputation, which is discussed and investigated in the three fields of practice, narration and fatwa in the science of principles of jurisprudence and is the subject of this article. The main question is, what initiatives does Mirza Naini have in this fundamental issue? The present article, which is written with a descriptive analytical method, on the one hand, has pointed out the functions of fame among scholars, and further, by analyzing and examining the statements of Mirza Naini, it has presented his initiatives. The findings of this research indicate that Mirzai Naini has some initiatives in this matter, one of the most important of which is: no need to verify the attribution in the practical reputation to determine the weakness of the document, provided there is no documentary evidence other than that reason, denial He pointed out the compensation for the weakness of denotation by means of practical reputation and its acceptance in relation to the inferiority of denotation and the desire for the independent authority of fatwa's reputation, the remedy for the weakness of the document by means of fatwa's and narration's reputation. One of the innovations of Mohaghegh Naini in the science of principles is related to the inferential validity of reputation, which is discussed and investigated in the three fields of practice, narration and fatwa in the science of principles of jurisprudence and is the subject of this article. The main question is, what initiatives does Mirza Naini have in this fundamental issue? The present article, which is written with a descriptive analytical method, on the one hand, has pointed out the functions of fame among scholars, and further, by analyzing and examining the statements of Mirza Naini, it has presented his initiatives. The findings of this research indicate that Mirzai Naini has some initiatives in this matter, one of the most important of which is: no need to verify the attribution in the practical reputation to determine the weakness of the document, provided there is no documentary evidence other than that reason, denial He pointed out the compensation for the weakness of denotation by means of practical reputation and its acceptance in relation to the inferiority of denotation and the desire for the independent authority of fatwa's reputation, the remedy for the weakness of the document by means of fatwa's and narration's reputation.

http://jostar-fiqh.maalem.ir/article_78127_0a4c308401ede6a5e09438cfec8d8f96.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 11 3 2025 11 22 A comparative study on the "order" between the views of Mirza Na'ini and Akhund Khorasani and the expression of its fruits A comparative study on the "order" between the views of Mirza Na'ini and Akhund Khorasani and the expression of its fruits 39 70 78447 10.22034/jrj.2025.72762.3051 FA Ehsan Mehrkesh High-level professor at Qom Seminary. Qom. Iran. e.mehrkesh@gmail.com Journal Article 2025 09 02 http://jostar-fiqh.maalem.ir/article_78447_9edfa591b60f09211947b73a89acac22.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 11 3 2025 11 22 Correction of the weak narration by researcher Na'ini Correction of the weak narration by researcher Na'ini 71 94 78444 10.22034/jrj.2025.72669.3039 FA Hamid Mohammdi Researcher in Higher Education of the Imams (peace be upon them) and PhD student in the field of Quranic Sciences and Hadith, Faculty of Theology, University of Meybod, Meybod, Iran.” Journal Article 2025 08 20 The high status of Hadith in the formation of religious knowledge makes it necessary to confirm its attribution to the Infallible (a.s.) as a fundamental issue in Shi'a jurisprudence. Among them, Mohammad Hossein Naini, one of the prominent late jurists, has used the "trustworthiness of issuance" method to authenticate weak-chained narrations. This research, using a descriptive-analytical method and examining the scientific works of the late Naini, examines his methods in authenticating weak narrations. The findings show that Naini, on the one hand, accepts all the narrations of the book Al-Kafi as a valid text that does not need to be examined for its chain of transmission, and on the other hand, uses the rule of "the weakness of the chain is compensated by famous practice" to confirm weak narrations. Also, he uses evidence such as tolerance in the arguments of Sunan, attention to the implicit narrations of the elders, and acceptance of the narrations of controversial narrators such as Jaber ibn Yazid Ja'fi and Ismail ibn Abi Ziad Sakouni, to strengthen and confirm the content of the narrations. These views indicate Naini's intellectual systematicity in adapting the narrative sources to the jurisprudential and practical realities, which has led to the development and clarification of Shi'a jurisprudential discussions. The high status of Hadith in the formation of religious knowledge makes it necessary to confirm its attribution to the Infallible (a.s.) as a fundamental issue in Shi'a jurisprudence. Among them, Mohammad Hossein Naini, one of the prominent late jurists, has used the "trustworthiness of issuance" method to authenticate weak-chained narrations. This research, using a descriptive-analytical method and examining the scientific works of the late Naini, examines his methods in authenticating weak narrations. The findings show that Naini, on the one hand, accepts all the narrations of the book Al-Kafi as a valid text that does not need to be examined for its chain of transmission, and on the other hand, uses the rule of "the weakness of the chain is compensated by famous practice" to confirm weak narrations. Also, he uses evidence such as tolerance in the arguments of Sunan, attention to the implicit narrations of the elders, and acceptance of the narrations of controversial narrators such as Jaber ibn Yazid Ja'fi and Ismail ibn Abi Ziad Sakouni, to strengthen and confirm the content of the narrations. These views indicate Naini's intellectual systematicity in adapting the narrative sources to the jurisprudential and practical realities, which has led to the development and clarification of Shi'a jurisprudential discussions.

http://jostar-fiqh.maalem.ir/article_78444_6ceb4a690b01f01438f10db838e8bd36.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 11 3 2025 11 22 Mohaqeq Na'ini's theory of external cases and its development by Mohaqeq Khoei; a comparative analysis Mohaqeq Na'ini's theory of external cases and its development by Mohaqeq Khoei; a comparative analysis 95 121 78186 10.22034/jrj.2025.72681.3042 FA Said Khodadadi qom Manoochehr Khodarahmi howze Journal Article 2025 08 22 The main issue of this research is a comparative and analytical study of the evolution of the theory of external propositions from the perspective of Mohaqiq Na'ini and how it was developed and deepened by his prominent student, Mohaqiq Kho'i. Using a descriptive-analytical method and using reliable library sources such as "Fua'id al-Usul" by Na'ini and "Lectures in the Principles of Jurisprudence" by Kho'i, this research shows that both prominent jurists of the Najaf school share the same view on the original definition of external propositions as rulings that are imposed directly on external individuals (not a general title). The research findings reveal that Mohaqiq Kho'i, while accepting the principles of his master's theory, was able to develop this theory with innovations such as expanding the scope of the influence of the authoritative knowledge to real propositions, adding discussions of adherence to the general in the doubt of validity, and explaining more precisely the position of these propositions in logical deductions. The main achievement of this research is to provide a coherent framework for better understanding the development of fundamental thought in the Najaf school and its application in the process of deriving religious rulings, which provides an efficient tool for identifying doubts about obligations or obligations. The main issue of this research is a comparative and analytical study of the evolution of the theory of external propositions from the perspective of Mohaqiq Na'ini and how it was developed and deepened by his prominent student, Mohaqiq Kho'i. Using a descriptive-analytical method and using reliable library sources such as "Fua'id al-Usul" by Na'ini and "Lectures in the Principles of Jurisprudence" by Kho'i, this research shows that both prominent jurists of the Najaf school share the same view on the original definition of external propositions as rulings that are imposed directly on external individuals (not a general title). The research findings reveal that Mohaqiq Kho'i, while accepting the principles of his master's theory, was able to develop this theory with innovations such as expanding the scope of the influence of the authoritative knowledge to real propositions, adding discussions of adherence to the general in the doubt of validity, and explaining more precisely the position of these propositions in logical deductions. The main achievement of this research is to provide a coherent framework for better understanding the development of fundamental thought in the Najaf school and its application in the process of deriving religious rulings, which provides an efficient tool for identifying doubts about obligations or obligations.

http://jostar-fiqh.maalem.ir/article_78186_60aa6781097990017745841197c63c93.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 11 3 2025 11 22 The distinction between the principles and evidence of the Jurisprudence of judgment and The enjoining good in the thought of Allama Na'ini The distinction between the principles and evidence of the Jurisprudence of judgment and The enjoining good in the thought of Allama Na'ini 123 146 78446 10.22034/jrj.2025.72560.3030 FA Morteza MotahhariFard Assistant Professor, Department of Jurisprudence and Islamic Law, Faculty of Theology and Islamic Studies, Meybod University, Iran. Journal Article 2025 08 05 According to the views of some jurists, one possible approach to facilitating the establishment of rulings in the chapter of al-qaḍāʾ (judgement) is to draw upon the arguments related to amr bi al-maʿrūf (enjoining the good). The shared purposes of enjoining the good and judicial jurisprudence—such as preventing disorder and promoting social order—together with the general and unrestricted nature of the arguments supporting enjoining the good and their potential for broad interpretation, offer such a possibility. This approach provides greater flexibility for the jurist without subjecting him to the strict limitations and conditions found in the specific evidences related to judging. Differentiating or correlating the arguments of judging (adillah al-qaḍāʾ) and those of enjoining the good (amr bi al-maʿrūf) requires careful examination of their subjects, qualifications, foundations, and preliminaries. Within the context of implementing the sharʿ and expanding governmental authority, this process can either extend or restrict the scope of power available to the Islamic ruler. Through a detailed examination of these arguments, and with a focus on the jurisprudential views of ʿAllāmah Nāʾīnī, this study aims first to clarify the degree of argumentative coherence in correlating or distinguishing these two categories, and second to assess the consistency of ʿAllāmah Nāʾīnī’s jurisprudential and political framework—which advocates for an expanded and active role of the sharʿ in governance and public administration, of which judging is a prime example—in relation to this issue. The findings, based on a descriptive–analytical method and library research, indicate that ʿAllāmah Nāʾīnī regarded the arguments for judging (adillah al-qaḍāʾ) and those for enjoining the good (amr bi al-maʿrūf) as distinct in subject matter. In situations of necessity and emergency, he relied instead on the principle of preserving social order (qāʿidat ḥifẓ al-niẓām) and the principle of the guardianship of just believers (wilāyat ʿudūl al-muʾminīn). This reflects the exceptional nature of any departure from the specific conditions governing judgement. Accordingly, his jurisprudential approach remained strictly text-oriented and disciplined, avoiding any attempt to justify political concepts or tendencies through selective use of jurisprudential texts According to the views of some jurists, one possible approach to facilitating the establishment of rulings in the chapter of al-qaḍāʾ (judgement) is to draw upon the arguments related to amr bi al-maʿrūf (enjoining the good). The shared purposes of enjoining the good and judicial jurisprudence—such as preventing disorder and promoting social order—together with the general and unrestricted nature of the arguments supporting enjoining the good and their potential for broad interpretation, offer such a possibility. This approach provides greater flexibility for the jurist without subjecting him to the strict limitations and conditions found in the specific evidences related to judging. Differentiating or correlating the arguments of judging (adillah al-qaḍāʾ) and those of enjoining the good (amr bi al-maʿrūf) requires careful examination of their subjects, qualifications, foundations, and preliminaries. Within the context of implementing the sharʿ and expanding governmental authority, this process can either extend or restrict the scope of power available to the Islamic ruler. Through a detailed examination of these arguments, and with a focus on the jurisprudential views of ʿAllāmah Nāʾīnī, this study aims first to clarify the degree of argumentative coherence in correlating or distinguishing these two categories, and second to assess the consistency of ʿAllāmah Nāʾīnī’s jurisprudential and political framework—which advocates for an expanded and active role of the sharʿ in governance and public administration, of which judging is a prime example—in relation to this issue. The findings, based on a descriptive–analytical method and library research, indicate that ʿAllāmah Nāʾīnī regarded the arguments for judging (adillah al-qaḍāʾ) and those for enjoining the good (amr bi al-maʿrūf) as distinct in subject matter. In situations of necessity and emergency, he relied instead on the principle of preserving social order (qāʿidat ḥifẓ al-niẓām) and the principle of the guardianship of just believers (wilāyat ʿudūl al-muʾminīn). This reflects the exceptional nature of any departure from the specific conditions governing judgement. Accordingly, his jurisprudential approach remained strictly text-oriented and disciplined, avoiding any attempt to justify political concepts or tendencies through selective use of jurisprudential texts

http://jostar-fiqh.maalem.ir/article_78446_b032ddf241437b861ab3e412ff504614.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 11 3 2025 11 22 A study of the innovative rule of researcher Naeini in relying on the general in doubts of validity by applying it to the principle of caution in Faruj. A study of the innovative rule of researcher Naeini in relying on the general in doubts of validity by applying it to the principle of caution in Faruj. 147 176 78445 10.22034/jrj.2025.71625.2973 FA Muhammad Javad Safaee Researcher of the Department of Medical Jurisprudence of the Jurisprudence Center of the Athar Imams (AS) Journal Article 2025 04 21 With the advancement of new methods of artificial insemination and its prevalence in contemporary times, its Sharia ruling has been discussed and exchanged. One of the most important documents of the prohibitions is the principle of precaution, which has been considered as a reference for marriage since ancient times. In the approximation of the principle of precaution in Foruj, apart from verses and narrations, one of the evidences that can be documented is a rule that researcher Na'ini invented in some forms of relying on the general in cases of doubts about the validity and has applied it in cases of jurisprudential branches. In this article, which was conducted in the style of library research, after explaining and explaining this rule and the applicable jurisprudential documents and branches, its criticisms are expressed and examined and finally it is concluded that the said rule does not have reliable evidence and documentation, and the claim of customary association in this regard cannot be proven either. The result of this rule, although the result of relying on the general in cases of doubts about the validity and the rule of necessity and prevention, is not the same as the two and is different! As a result, this rule cannot be a document on the precautionary principle in foruj. With the advancement of new methods of artificial insemination and its prevalence in contemporary times, its Sharia ruling has been discussed and exchanged. One of the most important documents of the prohibitions is the principle of precaution, which has been considered as a reference for marriage since ancient times. In the approximation of the principle of precaution in Foruj, apart from verses and narrations, one of the evidences that can be documented is a rule that researcher Na'ini invented in some forms of relying on the general in cases of doubts about the validity and has applied it in cases of jurisprudential branches. In this article, which was conducted in the style of library research, after explaining and explaining this rule and the applicable jurisprudential documents and branches, its criticisms are expressed and examined and finally it is concluded that the said rule does not have reliable evidence and documentation, and the claim of customary association in this regard cannot be proven either. The result of this rule, although the result of relying on the general in cases of doubts about the validity and the rule of necessity and prevention, is not the same as the two and is different! As a result, this rule cannot be a document on the precautionary principle in foruj.

http://jostar-fiqh.maalem.ir/article_78445_8f245cc4c681688fb8703e34f5c9d574.pdf

Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 11 3 2025 11 22 Muḥammad Ḥusayn Nāʾīnī’s Approach to the Rational Analysis of the Institution of Inheritance Muḥammad Ḥusayn Nāʾīnī’s Approach to the Rational Analysis of the Institution of Inheritance 177 203 79018 10.22034/jrj.2025.73306.3087 FA Khaled Ghafouri Al Hasani Member of the academic staff of Al-Mustafa Al-Alamiya community Journal Article 2025 10 26 In his jurisprudential studies, Muḥaqqiq Nāʾīnī is distinguished by his precise rational and customary analyses of legislative issues. Among these is his examination of “ownership” and its customary conception, his explanation of the levels and hierarchies of ownership, and his investigation of its general and specific causes—particularly in the matter of inheritance. His aim was to elucidate the rational foundation underlying the institution of inheritance as one of the mechanisms for establishing ownership, and to demonstrate that “the heir functions as the legal representative of the deceased.” This study examines Nāʾīnī’s view in light of the established principles of ijtihād, employing both evidentiary and methodological tools to analyse his reasoning. The objective is to achieve a comprehensive understanding of ownership and its causes within the framework of Islamic jurisprudence. The main conclusion of this study is that Muḥaqqiq Nāʾīnī’s hypothesis concerning inheritance—based on the assumption that the heir stands in place of the deceased as his legal successor—is incomplete. In his jurisprudential studies, Muḥaqqiq Nāʾīnī is distinguished by his precise rational and customary analyses of legislative issues. Among these is his examination of “ownership” and its customary conception, his explanation of the levels and hierarchies of ownership, and his investigation of its general and specific causes—particularly in the matter of inheritance. His aim was to elucidate the rational foundation underlying the institution of inheritance as one of the mechanisms for establishing ownership, and to demonstrate that “the heir functions as the legal representative of the deceased.” This study examines Nāʾīnī’s view in light of the established principles of ijtihād, employing both evidentiary and methodological tools to analyse his reasoning. The objective is to achieve a comprehensive understanding of ownership and its causes within the framework of Islamic jurisprudence. The main conclusion of this study is that Muḥaqqiq Nāʾīnī’s hypothesis concerning inheritance—based on the assumption that the heir stands in place of the deceased as his legal successor—is incomplete.

http://jostar-fiqh.maalem.ir/article_79018_8eabd3fc830d2f33c8741ee850e38218.pdf