Islamic jurisprudence Resaerch
Year:2018 | Volume:14 | Issue:1 |Papers Count:12

urisprudential thematic diversity: challenges and answers (analytical study of nature of judges, justice at the scholars, statement) jurisprudential views showing the structure of justice include the apparent behavioral goodness, pertinacious queen in human soul, shunning the forbidden deeds, lack of debauchery in behavior, and loyalty to the basis of religion which face with jurisprudential uses and challenges and the analysis of each of them returns to the three basic elements of goodness in appearance, how to act or the influence of the queen of justice. The mentioned concepts and the absolute induction in imams jurisprudenc texts bring new meanings of the justice related to the ‘certain quantity’ to the mind which will respond to the internal and external challenges of the quotations of the jurists. The analysis and answer To each of them have been presented and described in this paper in detail.

The foundations of Risk Management theory against criminality in Islamic jurisprudence There are two basic approaches in dealing with crime. The first one is a value-based approach that determines the criminal behavior and reactions against it, based on the values of society in a dogmatic way and Run it in any conditions and by any means and believe that it is necessary and useful. The second approach is the risk management that instead of looking at just the norms and values, believes that we should consider the facts as they are. Crime as a social phenomenon that the structure of society is its main factor should be managed. According to Risk Management Theory, perhaps in some cases to prevent risky behaviors we have to decriminalize Behaviors with a lower risk. Sometimes this is not consistent with the normal or value-based look. According to this theory, criminal policy matches On some principles of Shia-jurisprudence and it is necessary to be examined.

Islamic jurisprudence conditions in places of prayer is to seizing license, no impurity and image. The face of some Shia and Sunni scholars, the situation in the temples of the Ahle ketab is missing. On the one hand, these sites are dedicated to the worship of the Book, and usually a picture And the other copies of the laws and impurity from that of the validity of these places for spiritual benefit: Hence their prayer is not empty. The present study was conducted to illustrate and assess the evidence and documentation of the approach And in view of the weakness of the license approach as the legal standard theory has proven the prayers in temples People of the Book. This theory is consistent with Qur'anic approach, practical principles, traditions of the Ahlul Bayt (AS) and Shia jurisprudential opinion and shortcomings-in approach does not prohibit.

In Religious Jurisprudence of Imamie, judgment of judge is not able to be quashed except there is an error in its rendering process. In explanation of reasons those cause the reversal of judgment, about some of reasons such as "disqualification of judge who rendered the judgment", and "invalidity of proof that is the basis of judgment" we are not confronted different explanations and varied viewpoints, but about some other causes such as "mistake of judge in inference" and "being judgment contrary to truth" we are confronted numerous and sometimes varied explications and interpretations. This situation demands the examination and analysis of this matter. Uncoordinated viewpoints about the effect of "accord of parties to a suit" in renewed trial and quash of judgment that is rendered is also noticeable.

The juridical rule of no Harm is one of the most important islamic jurisprudence rules, which is applied in all islamic jurisprudence section. There is no doubt that it is possible to eliminate harmful rules by applying this rule. But if the lack of a rule leads to a loss, there is a difference that can the said rule establishes a rules. The need to compensate for the damage is a rational issue. In this regard, reason does not distinguish between existential and non-existential affairs. In addition, by referring to the custom, it can also be seen that non-harmful matters should also be compensated. The reasons for the rule of law are absolute. In that sense, any damage should be compensated, whether it be existential or non-existent.

Prayers is the most important pillar of Islam. Islamic form of ritual ablution known as Wudhu is one its preconditions. Althoug it is a consensus among all Muslims; there are disagreements in details. The current consensus of Shia’s opinion is that feet shoud be just wiped not whashed. Shia scholors have delimited the area that should be wiped and have discussed a lot about it’s border toe and anklebone.Shite scholors have two openions and each has it’s own reasons. In this article linguistic meaning of anklebone have been observed and shia scholors and jurisprudential ideas and islamic traditions have been studied thoroughly.

The right to privacy in our religious texts have always special attention to Weber emphasized the need to maintain it against encroachment by others. The right derived from human dignity and the protection given to it as a protection of human dignity. The patient's right to privacy, the degree of importance that it has always been a breach of depriving people of many social rights such as the right to personal liberty, the right to employment insurance and so on; thus what the patient including: body and mental, secrets and information, the physician should lie kept as a secret. Medical information is considered confidential and its disclosure to HmhY patients by physicians and medical teams, should only be done with the permission of the patient or his legal guardian; on the other hand, the need for secrecy is not absolute but may be circumstances in which the doctor had to be a privacy violation.

One of the most serious crimes against spiritual character of people is sexual accusations which are called qazf. With the advent and prevalence of Mass Media, the scope of crimes against spiritual character of people has broadened and it has created new issues for research for scholars of Jurisprudence and Law. This study tries to see whether the concept of qazf is applicable to some widespread crimes that occur in Mass Media. Thus, concept of qazf is defined and its conditions are explained. Based on the offered definition, qazf is applicable to written sexual accusations, sexual accusations found on the internet and also pornography. Factors such as wider audience, slander on people’s honor, promotion of prostitution, retention and playback capabilities and also the role that Media can play in directing pop culture can be considered as aggravating circumstances that justify a more severe punishment of qazf in Mass Media in comparison with ordinary qazf.

The holy Quran for prevention of environmental crimes has valuable Doctrines that by using of them in the way of primary prevention model can plays an important role in crimes prevention. In primary prevention model (in opposite of secondary and ternary prevention models which they have found issues and problems from them) has not been found any problem in it, yet. Therefore the goals of this kind of prohibition focus on damaging phenomena. We can see in holy Quran that Quran Doctrines for prevention of environmental crimes has two aspect individual and social. In individual aspect there are prohibitory beliefs like (faith to god, believe in god and sign environmental creature, having faith which nature has benefits for human life). And ethical Doctrines like as (respect to nature), and in social view there are economical Doctrines like as (prevention of dissipate of earth and recommend people for nature improvement) and social Doctrines like as (environmental justice and environmental discrimination).

Among the important issues that the jurisprudents have raised in the context of the issues related to the contracting authority, The discussion about the correctness or inaccuracy of the guarantee is in this agreement. In other words, can the owner of the property, along with the contractual clause, can secure the contractor, even in the case of non-aggression or spin-off? Some jurisprudents believe that, given the opposition to this condition with the book and the tradition and the right of the contract, as well as the opposition to this agreement with a consensus on the void Such an act is null and void and can invalidate the contract.. In front of a group of other jurisprudents, it is believed that the arguments of the opposition are insufficient to prove that this is not case. And this is correct, considering the generalities and details of the proofs of the obligation to comply and the obligation to do so is obligatory. This research is based on the article that analyzes the data in a descriptive way And seeks to prove the hypothesis that the condition of the guaranty is in the proper agreement, except in the place where the person is Mohsen.

The issue of marriage is one of the most sensitive, fundamental, and social programs of every culture and nation. Accordingly, the marriage formation, agreement and contract are the ceremonial affairs with special rules. In Islamic jurisprudential rules and regulations, there are also certain conditions for this ceremonial contract. Among these topics is the circumstance and the marriage sentence of a Muslim with a non-Muslim. The famous theory of jurists is: A Muslim woman does not have the right to marry a non-Muslim man under any circumstances. And also, the Muslim man cannot permanently marry a non-Muslim woman. Of course, in the case of a non-permanent marriage of a Muslim man with a non-Muslim woman and the birth of a child, the child is joined by the Muslim man. Regarding the jurisprudential documentation of this issue, there are a lot of opposing views, ambiguities and questions. The present paper is adescriptive-analytical, content-oriented study using library tools and research data to investigate the jurisprudential documents of this issue and answer a number of questions in this regard.

From the perspective of Many Shiite jurists, Injuring Earlobe leading to its perforation or tear, has ordained Penal Compensation. whereas the amount of which is controversial among them. Some believe Its amount is one-sixth and so do some One-eighth. In this paper, with Analytical - Descriptive method thorough investigation into available documents, Came to the conclusion that Basis for determining Penal Compensation In this crime are narrations as well as consensus. by examining them it became clear that They can not determine the amount of such injury, And hence should be consistent with some contemporaries accept Non-ordained Penal Compensation. Islamic Penal Code, adopted in 2013 incompletely in Article (601) Merely considered Earlobe tearing and During controversial action determine one ninth from Penal Compensation, A decision which does not have any legal backing.