JOURNAL OF HISTORY OF CIVILIZATION AND JURISPRUDENCE
Year:2009 | Volume:6 | Issue:21|Papers Count:9

This paper is an attempt to analyze the timing or temporary proprietorship, whether legal or illegal, by legal proofs. Then it comes to this conclusion that the temporary ownership is accepted in Islamic Divine Law.It also seeks to study the timing ownership as well as its contract according to certain agreements.Later, the article proceeds to prove that this contract could be made under certain terms and agreements such as selling, reconcilliation or peace and renting. Finally, the paper verifies this contract, as a new one, while considering its legacy.

The expanse of Plateu of Iran is worthwhile studying in two respects: first, it has been the crossing route for different tribes and nations; second, this area has a very changing climate as well as various tendencies, tribes and races. Sistan, situated southern east of Iran, has had these very different and variable features. The Sistan zone along with Baloochestan and Macran has had a high valuable position in Iran.Considering the historical and geographical sources, this paper is an attempt to study the economic condition of this territory. During the early Islamic centuries the economic background of this zone has been effective in social, political, and cultural aspects in various transformations; as a result, this territory has produced many political and intellectual figures and celebrities.During the pre-Islamic eras, the merchants and business men from Sistan used to trade and exchange their commercial merchandises with the East and West via two vital water and land routes. During the Islamic Period, these commercial trades and connections continued as well. Sistan also occupied a high status during the Islamic period.

During the second half of the 7th century/13th AD, the political history of Iran, the Mongul governemnt of the Ilkhnids took its form. From the very early time, fairly friendly relationships between the Ilkhanids and their western neighbors, i.e., the governments in the Egyptian lands, were established which caused the escaping (fugitive) opponents to seek refuge in them. Some of the refugee groups who escaped to Egypt from the Ilkhanids domains were introduced into the Arabic sources as Wafediyyeh and Musta’menin (those who request for a safe place).One of the most important waves of these refugees is Wafediyyeh of Uyratiyyeh in 695 AH/1296 AD.The present paper is concerned with this Wafediyyeh group of refugees in Egypt , and seeks to study their revolt and rebel as well as the cause of their escape and their status and their conditions in the kingdom of the Egyptian lands while benefiting from the historical, descriptive and analitcal views and methods.

The quest of the marriage tie of a Muslim man with the woman from the Book followers is a dispute among the jurists which can be summed up in six viewpoints. A group of jurists consider this kind of marriage absolutely illegal and forbidden; some regard it completely legal and permitted, while others believe in the separation of the temporary and pemanent marriages from each other, considering the former true and the latter illegal and untrue. A few of them think that in case of choice it is forbidden, and in case of compulsion it is absolutely legal and permitted. According to a saying, in case of a right option, it is permitted.Through investigating the Qur’anic verses and the jurists’viewpoints as well as considering careful traditions and versions, the paper seeks to study and conclude that there is no fixed and strong criterion on the forbidden case of the marriage tie of this kind in all jurisprudencial sources.As a result, it is preferable to agree with the jurists who consider it legal and permitted.

The purpose of this paper is to study the amount and the causes of the social capital of the students at the Islamic Azad University in Mashad. The statistical society of this research consists of the Islamic Azad University students in Mashad as well as the method of examplification containing certain steps along with the selected fields such as: mathematics, geology, computer sciences, development, power, theology, literature, the Arabic literature, the family studies, and Medicine major courses.The samplification volume is carried out based upon Cockran Table and Diagram covering 400 students as well as the accumulation of data and information which is based on the Questionaires.Similarly, an attempt is made in this article, regarding its results, to study and consider the testing of the total average effect theories and the mother studies as well as the students’ residences along with the social capital and the purposeful reliance of 95 % is performed and is applicable to the statistical society. Although the effect of these theories on the social capital is very weak; as the matter of fact, it has a very little influence on the social capital. In other investigation theories such as sex, age, faculty, etc…no meaningful relationship was found.

The Islamic Punishment Law, especially the Books of Limits, Retaliation, penalty, and blood-money, is taken from the jurisprudence directly, and it seems that its materials are a translation of the Problem Of Writing Devices (Massael Tahrir-al-Wassael) by Imam Khomeini (r.a); however, its section on punishments, reproof and correction seems to be derived from the general punishment law.This paper is interested in studying the matter of murder in case of defending one’s family female chastity, which has both a traditional and jurisprudencial origin. This matter in previous general punishment law was available, but it is not clearly mentioned in the law of limits and retaliation after the Revolution passed in 1361 and also in the law of reproof and correction passed in 1362, whereas it has been revived in the present reproof or correction law.The article is also concerned with studying the jurisprudencial analysis of this principle considering its jurisprudencial background and the cause of the imposition of this order in the Islamic juris as well as the mental documents of this view and the reasonings of the Islamic jurists on these versions.

The purpose of this paper is to examine two conceptions of knowledge: traditional and modern. One of the important discussions of traditionalism is to put emphasis on traditional sciences and their roles.These sciences have been neglected since the renaissance, especially in the modern world.Modern scciences have a significant role in the foundation of modern thoughts, so they are admired by modernists and are considered as the feature of the modern western civilization. Modern sciences based upon this modern scientific paradigm have got serious repercussions that cause serious criticism.Traditionalists, as one of the critics, believe that their most important flaws is their separation from traditional sciences while pointing out the differences between traditional and modern sciences.They acknowledge the sacred science based on the pivot of sanctity and realization through intuition and its respect towards truth. On the other hand, modrn sciences are separated from the sacred one and are based on profanity, rather than on intellect while its main aim is utilization rather than truth.

According to the Islamic jurisprudence, the principle of guardianship in marriage-tie is taken for granted and there is a concensus with the jurists in all Islamic schools of thought. In addition, the Imamiyyeh and the Sunnite jurists agree on the deputy for the unmatured female.The present paper seeks to deal with the guardianship upon the matured sane virgin on which the jurists hold different views. In general, the statements of the Imamiyyeh jurists can be summed up in five viewpoints, one of which is the independence of the cubile girl in marriage.Also, among the Sunnite jurists, Abu Hanifeh diagrees on the deputy for the mature brave girl in marriage. He believes that she is free and independent in marriage, whereas the Maleki, the Shafe, ee and the Hanbali jurists maintain that the guardianship for the cubile brave girl is true.The Civic Law in Iran considers it obligatory for the father or the grandfather of the mature virgin in marriage tie.