Islamic Propagation Office of Qom Seminary, Khorasan Razavi BranchJournal of Islamic Law and Jurisprudence2476-756512120260522The unity of the words and the speaker in the texts of the Sharia.The unity of the words and the speaker in the texts of the Sharia.117845010.22034/jrj.2025.72208.3005FAHamidZeraat KashaniAemmeh athar0009-0009-1513-5956Journal Article20250720The texts of religious law, over a period of nearly three hundred years, have been issued with consideration of gradual preparedness, the differences among recipients, and various contexts for specific topics. After the era of legislation and clarification, they have been collectively handed down to subsequent generations. This raises the question of whether, to understand the religious law as narrated by textual evidence, we must consider what has been narrated as a single statement from a single speaker, or if there is another interpretation. Given that refuting or affirming each viewpoint significantly impacts the existence or non-existence of certain fundamental discussions, such as restriction and government, as well as the quality of some discussions, like the acceptance of inference assumed from a unitary collection, it warrants investigation. The outcome of this writing, which presents the discussed issue through an analytical-descriptive method along with the major opinions on the matter and articulates the chosen viewpoint, is that to understand the ultimate viewpoint of the religious law, it is necessary to regard the totality of textual evidence as a single statement from a single speaker. The intended meaning of the totality must be considered, and with a precise understanding of this theory, its principle is established, and there are no negative consequences attached to it.The texts of religious law, over a period of nearly three hundred years, have been issued with consideration of gradual preparedness, the differences among recipients, and various contexts for specific topics. After the era of legislation and clarification, they have been collectively handed down to subsequent generations. This raises the question of whether, to understand the religious law as narrated by textual evidence, we must consider what has been narrated as a single statement from a single speaker, or if there is another interpretation. Given that refuting or affirming each viewpoint significantly impacts the existence or non-existence of certain fundamental discussions, such as restriction and government, as well as the quality of some discussions, like the acceptance of inference assumed from a unitary collection, it warrants investigation. The outcome of this writing, which presents the discussed issue through an analytical-descriptive method along with the major opinions on the matter and articulates the chosen viewpoint, is that to understand the ultimate viewpoint of the religious law, it is necessary to regard the totality of textual evidence as a single statement from a single speaker. The intended meaning of the totality must be considered, and with a precise understanding of this theory, its principle is established, and there are no negative consequences attached to it.Islamic Propagation Office of Qom Seminary, Khorasan Razavi BranchJournal of Islamic Law and Jurisprudence2476-756512120260522AAAA118037110.22034/jrj.2026.72966.3062FAAhmadEkramiمدرس سطوح عالی حوزه علمیه قم و جامعة المصطفی العالمیةJournal Article20251017AAAAAAIslamic Propagation Office of Qom Seminary, Khorasan Razavi BranchJournal of Islamic Law and Jurisprudence2476-756512120260522The Attribution of Qiyās-Oriented Rationalism to Faḍl ibn Shādhān: A Reinterpretation of the Perspectives of theThe Attribution of Qiyās-Oriented Rationalism to Faḍl ibn Shādhān: A Reinterpretation of the Perspectives of the117903310.22034/jrj.2025.72630.3036FAAliSajjadi Abbas AbadiResearch Assistant at Dar al-Fiqh Specialized Center, Khurasan Islamic Seminary, Mashhad, Iran.0009-0008-8003-9701AliElahi KhorasaniResearcher at the Islamic Research Foundation, Islamic Research Foundation, Mashhad, Iran.Journal Article20250825Islamic Propagation Office of Qom Seminary, Khorasan Razavi BranchJournal of Islamic Law and Jurisprudence2476-756512120260522A comparative study of the blood money for incontinence of urine and feces in Imamiyya jurisprudence and Islamic Penal Code.A comparative study of the blood money for incontinence of urine and feces in Imamiyya jurisprudence and Islamic Penal Code.11788037010.22034/jrj.2025.71862.2983FARezaMirzaei KalanGraduate of the Higher Institute of Jurisprudence and Islamic Sciences / Under the supervision of Ayatollah KhameneiJournal Article20250512The retention of urine and feces is an important human benefit, the decline of which has a significant impact on the quality of human life; therefore, this study examines the jurisprudential and legal foundations of blood money due to the failure to retain urine and feces in Imami jurisprudence and the Islamic Penal Code. The findings show that in the event of permanent loss of these benefits, based on reliable narrations such as the reliable narrations of Ghiyath ibn Ibrahim and Ishaq ibn Ammar, full blood money is fixed, and with the loss of both, multiple blood money must be paid; the legislator has followed this view in Articles 544, 705 and unanimous opinion 860. Also, based on the principle of non-interference, the blood money for the crime that resulted in the inability to control urine and feces must be paid; of course, if there is a connection between the crime and the loss of benefit, only the blood money for the benefit is paid. The legislator has accepted this view in Articles 545 and 546. In certain cases, such as a broken coccyx that results in incontinence (Article 651) or damage to the ajna - the area between the testicles and the anus - that results in incontinence of urine and feces (Article 652), based on jurisprudential evidence, full blood money is due for the broken coccyx and injury to the ajna, and the principle of non-interference also implies the necessity of paying blood money for benefits. The research innovation includes a comparative analysis of legal articles with jurisprudential documents, explaining the principles of interference or non-interference of blood money in crimes leading to the loss of benefits, and criticizing opposing views. This research concludes, using a descriptive-analytical method and referring to library sources, that the Iranian legal system has mainly acted in accordance with Imami jurisprudence, and only the legal ruling on temporary incontinence of urine and the interpretation of "cause of incontinence of urine or feces" in Article 652 need to be revised.The retention of urine and feces is an important human benefit, the decline of which has a significant impact on the quality of human life; therefore, this study examines the jurisprudential and legal foundations of blood money due to the failure to retain urine and feces in Imami jurisprudence and the Islamic Penal Code. The findings show that in the event of permanent loss of these benefits, based on reliable narrations such as the reliable narrations of Ghiyath ibn Ibrahim and Ishaq ibn Ammar, full blood money is fixed, and with the loss of both, multiple blood money must be paid; the legislator has followed this view in Articles 544, 705 and unanimous opinion 860. Also, based on the principle of non-interference, the blood money for the crime that resulted in the inability to control urine and feces must be paid; of course, if there is a connection between the crime and the loss of benefit, only the blood money for the benefit is paid. The legislator has accepted this view in Articles 545 and 546. In certain cases, such as a broken coccyx that results in incontinence (Article 651) or damage to the ajna - the area between the testicles and the anus - that results in incontinence of urine and feces (Article 652), based on jurisprudential evidence, full blood money is due for the broken coccyx and injury to the ajna, and the principle of non-interference also implies the necessity of paying blood money for benefits. The research innovation includes a comparative analysis of legal articles with jurisprudential documents, explaining the principles of interference or non-interference of blood money in crimes leading to the loss of benefits, and criticizing opposing views. This research concludes, using a descriptive-analytical method and referring to library sources, that the Iranian legal system has mainly acted in accordance with Imami jurisprudence, and only the legal ruling on temporary incontinence of urine and the interpretation of "cause of incontinence of urine or feces" in Article 652 need to be revised.Islamic Propagation Office of Qom Seminary, Khorasan Razavi BranchJournal of Islamic Law and Jurisprudence2476-756512120260522Analysis and Criticism of the Theory of Guaranteeing the Public Treasury in Crimes Less Than the Self, Assuming No Access to the CriminalAnalysis and Criticism of the Theory of Guaranteeing the Public Treasury in Crimes Less Than the Self, Assuming No Access to the Criminal118037310.22034/jrj.2025.72069.3000FAYazdanTaherabadiFyihJournal Article20250717The Islamic Penal Code, in accordance with Islamic jurisprudence, has considered the treasury responsible for paying blood money in some cases. A question that could be raised in this regard is whether it is possible to consider the treasury as a guarantor for paying blood money in a crime less than the life of the deceased, in the event that the deceased is not available, such as if he has fled or died? This issue is not found in the jurisprudential books of jurists. In the present article, which was organized within the framework of jurisprudential knowledge and by referring to library sources and using an ijtihad analytical method, three of the most important evidences were mentioned: specific narrations regarding crimes less than the life of the deceased, narrations containing the reasoning "it does not invalidate" and the use of the treasury for the benefit of Muslims, to prove the guarantor of the treasury, each of which faced a number of problems in the interpretation, and in the end it was concluded that, based on the principle of personal punishment, which is one of the established principles of law, the deceased is a guarantor in the place of discussion itself, and the treasury is not a guarantor.The Islamic Penal Code, in accordance with Islamic jurisprudence, has considered the treasury responsible for paying blood money in some cases. A question that could be raised in this regard is whether it is possible to consider the treasury as a guarantor for paying blood money in a crime less than the life of the deceased, in the event that the deceased is not available, such as if he has fled or died? This issue is not found in the jurisprudential books of jurists. In the present article, which was organized within the framework of jurisprudential knowledge and by referring to library sources and using an ijtihad analytical method, three of the most important evidences were mentioned: specific narrations regarding crimes less than the life of the deceased, narrations containing the reasoning "it does not invalidate" and the use of the treasury for the benefit of Muslims, to prove the guarantor of the treasury, each of which faced a number of problems in the interpretation, and in the end it was concluded that, based on the principle of personal punishment, which is one of the established principles of law, the deceased is a guarantor in the place of discussion itself, and the treasury is not a guarantor.Islamic Propagation Office of Qom Seminary, Khorasan Razavi BranchJournal of Islamic Law and Jurisprudence2476-756512120260522Critical Analysis of the Jurisprudential Basis for Depriving Spouses, Maternal Relatives, and Women of the Right to RetaliationCritical Analysis of the Jurisprudential Basis for Depriving Spouses, Maternal Relatives, and Women of the Right to Retaliation118037210.22034/jrj.2025.72804.3052FASeyyed Mohammad HasanNasrollahiAJournal Article20250923One of the important questions in criminal jurisprudence is whether people who did not have the right to retribution from the beginning are also deprived of this right by inheritance or whether they can inherit the right to retribution. The answer to this question is necessary due to the ambiguity in the jurisprudential documents, the relative silence of earlier sources, and the many judicial trials. In answering this question, two opposing opinions are in conflict. According to some Imami jurists, the right to retribution is inherited by all the heirs of the deceased guardian, but according to others, people who did not have the right to retribution from the beginning, such as spouses or maternal relatives, are also deprived of the right to retribution. The most important evidence for the first opinion is the application of the evidence of inheritance, which is also consistent with the requirements of the first principle in this discussion. In contrast, the evidence for the second opinion can be the same evidence that indicates the deprivation of spouses, maternal relatives, or women. In this study, using a descriptive-analytical method, the documentary and evidence-based evidence for the deprivation of the aforementioned individuals, including consensus, the narration of Fadl al-Baqaqa, and the analogy of priority, has been examined, and it has been concluded that it is not permissible to use the aforementioned evidence to deprive spouses, maternal relatives, and women of the right to retribution and its inheritance. Therefore, Article 353 of the Islamic Penal Code has a strong ijtihad support in that it considers spouses to be the inheritors of the right to retribution, but the fact that the legislator did not consider spouses to be the inheritors of the right to retribution in Article 351 is a flawed theory.One of the important questions in criminal jurisprudence is whether people who did not have the right to retribution from the beginning are also deprived of this right by inheritance or whether they can inherit the right to retribution. The answer to this question is necessary due to the ambiguity in the jurisprudential documents, the relative silence of earlier sources, and the many judicial trials. In answering this question, two opposing opinions are in conflict. According to some Imami jurists, the right to retribution is inherited by all the heirs of the deceased guardian, but according to others, people who did not have the right to retribution from the beginning, such as spouses or maternal relatives, are also deprived of the right to retribution. The most important evidence for the first opinion is the application of the evidence of inheritance, which is also consistent with the requirements of the first principle in this discussion. In contrast, the evidence for the second opinion can be the same evidence that indicates the deprivation of spouses, maternal relatives, or women. In this study, using a descriptive-analytical method, the documentary and evidence-based evidence for the deprivation of the aforementioned individuals, including consensus, the narration of Fadl al-Baqaqa, and the analogy of priority, has been examined, and it has been concluded that it is not permissible to use the aforementioned evidence to deprive spouses, maternal relatives, and women of the right to retribution and its inheritance. Therefore, Article 353 of the Islamic Penal Code has a strong ijtihad support in that it considers spouses to be the inheritors of the right to retribution, but the fact that the legislator did not consider spouses to be the inheritors of the right to retribution in Article 351 is a flawed theory.Islamic Propagation Office of Qom Seminary, Khorasan Razavi BranchJournal of Islamic Law and Jurisprudence2476-756512120260522Types of Contract Combinations, Possibility and Obstacles to Combinations in Jurisprudence and LawTypes of Contract Combinations, Possibility and Obstacles to Combinations in Jurisprudence and Law118040110.22034/jrj.2026.72905.3058FAMohammad KazemSHamabadiخیابان جواد الایمه ع خیابان قدس ک 7 پ 4Journal Article20250916The expansion and complexity of financial markets have led to the creation of contracts whose nature is difficult to determine in order of effect. Sometimes, in order to achieve a specific goal, the parties conclude a group of contracts in the form of a contract and assign multiple legal effects to it. Combined obligations may be dependent on each other or independent. This article, while examining the types of compound contracts and distinguishing them from similar cases, has examined the possibility and obstacles of combination. Examining the types of combination of contracts leads us to the fact that the nature of a compound contract is predominantly based on the needs of custom and social behavior. Custom is the criterion for the acceptability and acceptance of this contract in different societies. Therefore, its nature in Islamic jurisprudence enjoys high flexibility for regulating legal relations, provided that they comply with the general rules of contracts and customary criteria. The flexibility of the contract system has been examined in this study by explaining the types of compound contracts. One of the important results of the flexibility of the contract system is the adjustment of conditions and the establishment of new rules in complex contracts. Failure to pay attention to this issue results in a lack of accurate understanding of the nature of this category of contracts.The expansion and complexity of financial markets have led to the creation of contracts whose nature is difficult to determine in order of effect. Sometimes, in order to achieve a specific goal, the parties conclude a group of contracts in the form of a contract and assign multiple legal effects to it. Combined obligations may be dependent on each other or independent. This article, while examining the types of compound contracts and distinguishing them from similar cases, has examined the possibility and obstacles of combination. Examining the types of combination of contracts leads us to the fact that the nature of a compound contract is predominantly based on the needs of custom and social behavior. Custom is the criterion for the acceptability and acceptance of this contract in different societies. Therefore, its nature in Islamic jurisprudence enjoys high flexibility for regulating legal relations, provided that they comply with the general rules of contracts and customary criteria. The flexibility of the contract system has been examined in this study by explaining the types of compound contracts. One of the important results of the flexibility of the contract system is the adjustment of conditions and the establishment of new rules in complex contracts. Failure to pay attention to this issue results in a lack of accurate understanding of the nature of this category of contracts.