MAQALAT WA BARRASIHA
Year:2004 | Volume:37 | Issue:75(3)|Papers Count:7

Among moral corruptions and major social disasters is bribery, which causes wickedness, injustice, violating other peoples rights, and an atmosphere of distrust in the society. Bribery can appear in the form of paying money, doing something, or saying something. The prevailing opinion of jurists is that bribery is actualized through paying money. But the question is that whether acts and words can play the same role. Some jurists have generalized the concepts of bribery and some have not, while the majority of them have said nothing in this regard. What is investigated and analyzed in this essay is generalization or otherwise of the bribery, opinions of supporting and denying jurists in this regard, and ultimately expression of the chosen theory as follows: Bribery without money is religiously forbidden, whether words or acts, but those two differ in civil and penal liability or otherwise.

The term ghina is not used in Quranic verses and thus there is no explicit, particular command or prohibition concerning it. Rather, those who appeal to Quranic verses in order to prove that ghina is forbidden interpret them through such other proofs as traditions. ,Such expressions as "false speech", "untruth", and "diversionary talk" are found in Quranic verses which are interpreted by some as ghina. There are some Quranic verses as well as traditions implyingghina being forbidden or allowednone of which can prove its being forbidden or allowed in its absolute sense. The conclusion of this concise survey is that if ghina is lustful and may cause perversion it is forbidden and if it is not so it is allowed.

In this article wifes inheritance is juristically investigated from two aspects: (a) an inheritance of a wife who is the only heir of the deseased in order to find out whether the surplus of wifes Quranic share belongs to the wife, or to Imam as asserted by contemporary jurists as well as article 866 of the Civil Law. (b) Is wifes inheritance allotted out of the whole properties of the deceased or out of some parts of it? And is there any difference in this connection berween a wife wich a child and a wife without a child?

DitIerence of mujtahids in Usuli opinions and juristic fatwas is an unquestionable reality causing effects and implications in religious people, religiously life, and safeguarding religion. That fact has always been considered by scholars and is pursued nowadays more sensitively. While some consider it a cause for the religion being dynamic and updated others treat it as one proof for relativity of comprehension of religion. That fact is to be surveyed from ditIerent aspects including the cause and source of difference in Usuli opinions and juristic fatwas.

Usulis and jurists should make jurisprudence and Usul al-Figh in conformity with a specific model of philosophy of knowledge in order to indicate that those two are two independent sciences having certain cognitive, epistemological identities. The major problem in the philosophy of knowledge is the unifying as well as distinctive criterion for oneness of problems of a science. Jurists and Usulis only model of philosophy of knowledge was Aristotelian logical philosophy of knowledge. That philosophy of knowledge is subject-axis. To indicate the subject of science of Usul al-Fiqh and to assert that problems of Usul are essential accidents of that subject, would cause several disputes and challenging discussions. For almost ten centuries, the position of Usulis was to indicate compatibility of Usul al-Figh with Aristotelian model of philosophy of knowledge and to solve, with some difficulty, problems caused by it. Khorasani criticized Aristotelian model of philosophy of knowledge and presented an end-axis philosophy of knowledge. Following a detailed theory, such men of thought as Tabatabaee distinguished real sciences from mentally-posited ones confirming Aristotelian philosophy of knowledge in the for.mer and Khorasanis model in the latter. Imam Khomeini holds that historical development of sciences is the best proof for incompatibility of all sciences whether real or mentally-posited with the Aristotelian model. That historical insight presents a new model of philosophy of sciences.

One problem of artificial impregnation or artificial reproduction techniques (ART) is lack of formulated laws and rules in Islamic countries, including Iran, where laws must be compatible with and raised by Islamic principles and essentials. Since artificial reproduction is among new problems, it naturally cannot be traced back in works of preceding jurists, and since a need for law-formulation is researches done in order to assist lawmakers in this regard, this essay surveys a fundamental axis of that subject. Genealogy caused by artificial impregnation through an alien agent is presented in this essay in order to find out whether it is joined to genealogy caused by adultery or that of marriage? In other word~, the born child should be treated as illegitimate or as legitimate? If the latter, the child will naturally enjoy all rights of "descendants". Prohibition of mariage of the female child with father and attribution of the child to mother are among considerable issues of the subject in quesion. It is worthy of reminding that various conditions necessitate their own specific necessities.