ISLAMIC LAW
Year:2015 | Volume:12 | Issue:44 |Papers Count:6

When an intentional crime against physical integrity is at issue، the question arises as to whether the right to Qisas (nemesis) is a determinate right for the victim or his/her family or they have also a right to Diyah (blood money) and the option to choose one of them according to the Iran Islamic Penal Code and what Fiqh arguments are available for the issue. After the Islamic Revolution، legislator generally followed the popular view of Imami Fiqh scholars i.e. the right to Qisas (nemesis) is a determinate right for the victim or his/her family and the right to Diyah (blood money) is not a right alongside the right to Qisas (nemesis) although it is permitted on the basis of the criminal's consent. But when the enforcement of the right to Qisas (nemesis) is conditioned to the payment of surplus of the Diyah (blood money) like Qisas of a man for a woman, the legislator has not had a fixed position. This article is trying to determine the determinacy or optionality of the right to Qisas and the evolution of legislative policy with an approach to the Fiqh scholars' opinions and their evidence.

The popular view among Imami Fiqh scholars is that "Diyah (blood money) for Bone Fracture of a body part is one fifth of the Diyah for that body part if it does not recover completely and four twenty fifths of the Diyah for that body part given that it recovers without any deficiencies and defects". This proposition and accepted and renowned Fiqh rule has such position for especially early Fiqh scholars that they considered it as too clear and just. So only few of them pursued detailed investigations into the evidence and content of the rule. Studying the concept of fracture and its types، this article investigates into the evidence and referents of the aforementioned rule and explains its exceptions، with an approach to legal issues if the rule is to be accepted.

There lies a kind of obligatoriness in Fiqh and Shari'a rules and scholars have dispute as to the origin of such obligatoriness. Some consider wisdom as the origin and others like some Ash'arites consider God's command as the origin and others consider human nature (al- Fitrah) as the origin. It seems that none of the three ideas are perfect. This paper regards the reason's grasp of obligation and necessity of obeying God as the root for Fiqh and Shari'a rules obligatoriness.

Judicial independence is one of the manifestations of recognition of and respect for people of the Book (Ahl al Kitāb) in Islam. Accepting the Judicial independence of people of the Book demands accepting two dimensions of independence i.e. independence in courts and independence in rules. This article seeks to analyze judicial independence of people of the Book in terms of the possibility of its application in the current legal situation. Studying the requirements of judicial independence and the need for independence in courts and rules, this paper tries to briefly investigate into the possibility of its application in the current legal structure.

Security and especially political security in all modern societies، is considered as one of the main factors of the fundamental rights of individuals and has taken the essence of the human rights. Taking this importance into account، this paper seeks to reconsider political security and its most important element as the referent of security in teachings of Shiite political Fiqh. First، standards and criteria for identifying the referent of security after briefly explaining the status of the issue in security studies. Political security has three standards of "the right to adopt and express any political opinion"، "the right to be elected to a political office" and "the right to elect officials and political authorities". Then we study the "referent of political security" by considering the most important issue in political Fiqh. "The right to adopt and express political opinions" is the most important proposition in political security of individuals in Imami Fiqh in that it encompasses other political rights and freedoms.

Political Fiqh as a specialized field among other fields of Fiqh، was limited in the past in terms of the volume and quality commensurate with the situation of the time and due to things like small Shia community، Informality of the Shia sect and Taqiyah prevalence against tyrant rulers. Today the corresponding literature has increased in terms of the volume and quality due to، among others، the large number of new political issues، socio-political authority of Fiqh scholars and the development of Fiqh into social and governmental extent. Things like dispute over the definition of political Fiqh، its distinction with governmental Fiqh، expectations about political Fiqh and distinct typology of Fiqh inference in the field has led to different interpretations of political Fiqh with a focus on the individual، community or the government. This article is trying to consider the nature of favorable political Fiqh today depending on specified indicators and criteria.