JOURNAL IN EDUCATIONAL JURISPRUDENCE STUDIES
Year:2016 | Volume:3 | Issue:5|Papers Count:8

Teaching and learning have been highly emphasized by Islam while ignorance and superstition have been strongly condemned. Seeking knowledge is a duty of every Muslim man and Muslim woman. Some forms of knowledge include magic and occult sciences and arts which some people learn despite them being complex and having negative influences. This issue can be studied from different angles and from the perspectives of various sciences including jurisprudence. The focal question is: Does the Islamic recommendation about seeking knowledge also include magic? Or is it that knowledge of magic is not included in the category of sciences? This article seeks to address this question from the perspectives of different scholars. Some are of the view that teaching and learning magic are forbidden under all circumstances, others are of the view that they are allowed under specific conditions. Thus, the principal ruling about magic is that it is forbidden to teach and learn magic except in cases when one embarks on terminating a magic spell or defending himself against. It would not be, by extension, forbidden in an absolute sense. If magic is proved to be forbidden, it would be forbidden to spread and promote it because not only it will be disregard to Shari’ ah but it will cause evil to be disseminated.

Sexual ethics is one of the most important aspects of education and upbringing (tarbiyah) with special methods allotted to it in religious texts. Not giving importance to necessary preventions can entail grave consequences for the trainee because he will be afflicted with illicit lust. Such problems are then difficult to cure. Thus, prevention methods are of immense importance in this regard. Among those methods that can be taken into consideration is to separate a child’ s bedroom. The necessity or desirability of doing this is among the questions that the present research aims to investigate. The different aspects of this topic such as the concept of “ bed” , gender, blood relation, continuity or discontinuity of obligation and questions of this nature are among the eleven subtitles discussed in this article.

Pedagogical jurisprudence and the educational rules derived therein can serve as the subject of philosophical and meta-jurisprudential analysis. The present study seeks to investigate the posteriori significations of the verdicts and rules of pedagogical jurisprudence in a bid to determine the type of the explicit and explicit connotations and significations of these rules through a theoretical and philosophical research method. This article has identified and explained three types of propositions or statements in pedagogical jurisprudence that relate to understanding the criteria of the rules, fulfilling pedagogical obligations and knowing the existing approaches. The present study endeavors, by explaining these three areas and providing relevant examples, to measure the logical and philosophical validity of these significations as well as their Islamicity and legality.

The Quran and tradition are the most important sources of knowledge in Islam. In the period of the infallible (AS) and in the Islamic education system until before the period of formal education, preference and priority was given to teaching Quran and hadith. Unfortunately, in the present age, formal education has been laid out and designed with complete disregard for educational preferences and educational theoretical principles of Islam as a consequence of which the sayings and traditions of the infallible imams have been practically neglected. Any efforts to Islamize the schools would require the theoretical principles for teaching Islamic sciences including hadith sciences to be explained. In this article, first with reliance on the deduction method characteristic of Jawaher al-Kalam the concept and need for teaching hadith have been explained in the generalities section. Thereupon, the corroborating reasons and arguments have been scrutinized. It has been concluded at the end that teaching hadith is highly recommended per se and that priority should be given to it regardless of the circumstances but it is likely that the Islamic law about teaching hadith may change into one of the five legal values or qualifications.

Misyar marriage is a form of marriage that has become widespread in the Persian Gulf countries. It is a form of marriage having some of the features of marriage such as offer and acceptance and Sadaq (marriage portion settled upon the wife) while there are no matrimonial obligations and rights. For instance, the wife is deprived of some rights such as alimony, housing, clothing and the right to swear. There is discrepancy among Sunni jurisprudents regarding the lawfulness of this kind of marriage. In view of the fact that some segments of Sunni communities are practicing Misyar, it seems appropriate to investigate the lawfulness and negative educational impacts of this type of marriage with a view to the conditions and requirements of permanent and fixed-time marriage. In this study which adopts a descriptive analytical method, we came to the conclusion that Misyar marriage is not lawful on the grounds that it is not consistent with the definition of lawful permanent marriage provided by Sunni and Shiite religions, it is substantially different from temporary marriage and entails multiple negative educational consequences.

Education is among the principles highly emphasized by Islam and which different elements of teaching and learning are squarely based upon. The role of teacher and trainee as well as the educational contents are among those elements that need due attention. Among the educational contents are the false, deviating and misleading contents. The prohibition of preserving and keeping such books has been discussed in Shiite jurisprudence in the chapters concerning forbidden acquisitions. Thus depending on the nature of the contents of what is taught, teaching and learning are included in the category of the five Islamic rules. Despite the Quran and prophetic tradition addressing this issue, some aspects of the problem including the Islamic law about teaching and learning misleading contents have not been dealt with by scholars at length. Teaching and learning false and misleading contents help spread those contents. Hence, one of the important issues in this connection is to examine this topic from a jurisprudential perspective. Efforts have been made, in this study, to highlight the main title and to explore and analyze the rules regarding teaching and learning misleading contents. The aim is to throw light on the jurisprudential duty of a teacher and trainee in this regard examining the arguments presented in the jurisprudential sources. The principal and basic rule about teaching and learning misleading contents is that they are prohibited. However, in some circumstances the prohibition is lifted and it may in rare circumstances become obligatory for some people.