JOURNAL OF ISLAMIC STUDIES
Year:2001 | Volume:- | Issue:49-50|Papers Count:20

Although jurists" definitions of ebrā" are similar, the concept is really a matter of dispute among scholars and researchers in jurisprudence and law. As a comparative study of the subject, this article refers, in passing, to a major element in ebrā" i.e. esqāt "clearance of obligation" and then discusses the issue from the standpoints of different schools ofjurisprudence and law.

Qum school of hadīth is distinguished from other Shi"ite school of hadīths such as Medinah, Kūfah, Baghdād, Rey and Khorāsān schools of hadīth. The following are among the distinctive features of the school: the greate number of hadīth narrators, taking important steps in compiling significant hadīth anthologies, taking great care in collecting and preserving hadīths and not narrating weak hadīths, following "Traditionism (the akhbāri school), avoiding exertion (ijtihād) and rational arguments in analyzing hadīths, and holding a special view about extremism,extremistsand harsh punishment of extremists. In the period beginning with the first half of the third hegira century, traditionists who had reported weak or extreme traditions were expelled from Qum. This school of hadīth was at its peak during the third and fourth Hegira centuries, and was finally defeated by the rational school of Baghdād due to efforts of Shaykh Mufid and Sayyed Mortezā toward the end of the fourth and the beginning of the fifth centuries. The following scholars are among the greatest narrators belonging to this school of hadīth: Ibn bābweyh Qumi and his son Shaykh Sadūq,Muhammad ibn al-Hasan ibn al-walīd, Muhammad ibn Qūlūyah and his son.

Causality is of paramount importance in metaphysics, as can be understood from the fact that it has for long constituted the basis of philosophers" arguments. Hume"s critique of this major philosophical foundation propounded that causality was not as sound a principle as philosophers supposed. Extending Hume"s criticism to the whole of metaphysics, Kant made the criticism more intense and declared metaphysics impoverished. Metaphysicians, nonetheless, didn"t give up their firm belief in causality. In the twentieth century, some discoveries in physics, especially in nuclear physics and quantum mechanics, weakened firm belief in causality, motivating philosophers to conduct more research into the issue. Apart from philosophers, physicists themselves were divided into supporters and opposers of causality. Much research in the twentieth century has been concerned with the analysis of causality and its philosophical consequences. It can be said that causality has been taken away from its once metaphysical ivory tower and become more down-to-earth and observation-based. This article is a brief discussion of causality in twentieth century physics and its philosophical consequence.

Family planning is a social issue. Juridical decrees regarding the issue are not fixed. Rather, they vary according to social changes. However, according to the proofs of divine law, family planning is permissible and lawful even if it is not done in accordance with social changes and conditions. Agreement of the spouses is one of the issues to be taken into consideration in family planning. None of the spouses has the right to stop the other from using legal methods of contraception, or to have many children without the consent of the other, just as .thevery right to have a child is the legal and natural right of the spouses; none of them can deprive the other from this grace without hislher consent. The methods used for family planning are canonically approved of if they are not only in compliance with the divine laws but also in agreement with the rights of the spouses, such as not being harmful to either of the spouses. When there is a contradiction between the rights of the spouses and the methods of contraception, a compromise should be reached based on the principle of superiority of major issues over minor ones.

This article consists of three main parts. The first part deals with the biography of Behbahānī, his main distinction, his academic activities, his books and writings and his students. The second part concerns a brief account of the historical roots of the school of Exertion (followers of ijtihād) and Traditionism (Akhbāris), followed by a study of controversial issues in the two schools of thought. The last part of the article is a study of Behbahānī"s juridical opinions based on his exertion. The opinions are mainly derived frOIpins invaluable book al-Fawā"ed al-Hā"eriyyah.

The Haqīqah Hadīth, attributed to Imām Ali, is a tradition that explains a lofty truth. Due to the brevity of the hadīth, many commentaries have been written on it; included among them is that of Ez aI-Dīn Mahmūd Kāshāni, the author ofthe book Mesbāh al-Hedayāh va Meftāh al-Kefayāh. This article includes a brief biography of Komayl b. Ziyād Nakha"ī (the narrator of the hadīth), the hadiths narrated by him, the Truth Hadīth itself and its Persian translation, and finally the edited version of Kāshanī"s commentary on the hadith.

Through his invaluable works, Allamah Hellī revived the practical innovations of Shaykh Tūsī in comparative studies of the juridical schools of thoughts, comparative studies of the fiqh of the Shi"ites, and the expansion of the science of Principles of Jurisprudence. He wrote the book Nihāyah al-Usūl as an encyclopedia of the sdencf of Principles of Jurisprudence, which includes views of the earlier as well as the later generation of the Methodists. This article deals with the following issues: "a brief account of the history of Principles of Jurisprudence among the Shi"ites till Allamah Hellī, the academic status of Allāmah Hellī, a brief index of the issues tackled in Nihāyah, methodology of compilation and the scientific order and coherence of the book, quotations from Shi"ite and Sunni Methodists and their arguments, introducing manuscripts of the book and how to conduct a research in the book.

Laws and ordinances legislated and commanded in the shari"ah are undoubtedly based on some advantages and disadvantages and are meant to help people achieve some lofty goals. If it is maintained that rules legislated in the shari"ah are based on the principles of expediency (advantages/disadvantages), can we then make laws based on the principle of expediency? In fact what is referred to as "esteslāh/maslahah morsalah" in the Sunni schools ofJurisprudence, especially in the Mālikite school, is an answer to the question at hand. This article discusses the process of rational reasoning in deducing juridical rules on the basis of the principle of expediency. Giving an introduction to the discussion and a definition of esteslāh, the writer then addresses issues such as the following: classifications of esteslāh, the scope of the issue, views and arguments for and against esteslāh. The writer then discusses changes that occur in rules according to the principle of expediency. Finally, the Shi"ite scholars" views are discussed. Throughout the article, the writer holds that the principle of expediency has to be enforced and implemented fiqh is to remain dynamic and satisfy the emerging and changing needs of the society.

JaIāl aI-Dīn Suyūtī"s method of interpreting the Qurān is different from that of JaIāl aI-Dīn MahaIli"s, despite surface similarities in the two scholars" methods. Suyūtī pays more attention to the interpretation of the text. This article deals with the significance of narration in Suyūtī"s epilogue to Tafsīr al-Jalālāyn.

Poverty is an undesirable social phenomenon whose existence and widespread scope will lead to adverse consequences in a societyin the short term as well as in the long term. All cultures have rejected and despised the phenomenon and suggested ways to remove it. Looking deep into the rich Isl.amicculture, this article tries to clarify the concept of poverty and then identify instances of poverty in society - particularly in Iran. Finally, the consequences of poverty and ways of tackling the issue are dealt with.

This article begins with some Qurānic verses as well as traditions (transmitted by Sunnite and Shī"ite scholars) that prove the relaxation of rules and simplicity in Islam. Then some examples of leniency in canonical law (sharī"ah) are mentioned, for instance in purification (tahārah), ablution with sand/earth (tayammom), prayer (e.g. permission not to be in standing posture in prayer in some case; permission to mix two prayers; decreasing the number of prayer units (rak"ah) during travel, etc); fasting (e.g. not to fast when traveling or during illness; not incumbent on the elderly).

As the first and major source of the sharī"ah, the Holy Qurān has been the reference book of Muslims since it was first revealed. Juridical interpretation has been one of the oldest and the most useful approaches to the Qurān, one through which juridical rules are derived from among juridical verses. The development of juridical interpretation is dealt with in this article, beginning with the history of juridical interpretation in the early years of Islam, at the time of the Prophet"s Companions, followed by an analysis of the role of the Imāms in clarifying the sharī"ah and jurisprudence. Then, the development ofjuridical interpretation during the era of the compilation of the Qurān is paid attention to. Major works on juridical verses from the Shi"ite and Sunni scholars are also listed, along with their major distinctive features.

One of the most significant conditions of a spiritual journey is to know the right path towards the goal. One might pave the wrong way and go further away from the goal as one moves forward, ending up in eternal misery and perdition. Hence, a traveler has to know the path before he sets off on the spiritual journey. This article deals with one of the paths to a spirituaIjourney.

Dharma is the religious legal system of Hinduism. All Hindus should obey Dharma laws, known as Dharmaśāstra. There are different kinds of Dharma texts. The Dharma of Manu, known as Manusmŗti or Manudharmaśāstra, is the mostimpoortant one. There are four sources of Dharma laws: (1) Śruti (Vedic texts), (2) Smŗti (as Purānas, Rāmāyana), (3) Ācār (conventions), (4) Ātma (conscience). Dharma laws are divided into three types: (1) Varnāśramadharma (personal duties), (2) Sādhāranadharma (common duties), (3) Āpaddharma (emergency duties).

This article begins with a discussion of social approaches to. propagation as an introduction to the study of propagation in the Qurān and the practice of Prophet Muhammad. Thus, a comparative study can be done of the social approaches to propagation and the Islamic point of view about the issue based on the Qurān and practice of the Prophet. As a missionary religion, Islam pays particular attention to the issue of propagation. Many verses of the Qurān deal with the subject directly or indirectly. Propagation as a responsibility of the public, the scope of propagation, methods and regulations that should govern propagation, perseverance in propagation limits and restrictions of propagation are subjects discussed in the Qurān implicitly and/or explicitly. Moreover, some considerable notes can be obtained in this regard through studying the practice of Prophet Muhammad as the first and greatest person who propagated Islam. In this connection, the first three years of the Prophet"s mission, known as the era of hidden mission, are dealt with in this article.

There are various subjects discussed in many surahs of the Qurān. The subjects, however, look unrelated at first glance. It is essential, therefore, to correct the wrong conception that there is a confusion of ideas in the divine revelation. The point is that if there is no certain unique message running through each sūrah and no ultimate goal is considered for subjects mentioned in the Qurān, a question will raise as to the rationale behind the idea of tuwqīfī (fixed and non-changeable) arrangement of the sūrahs. Hence, it is recommended that a unifying theme is identified running through the seemingly divergent ideas and subjects mentioned in each surah, so that readers of the Qurān can see and reckon each sūrah as a harmonious, well-ordered and goal-oriented entity. This undertaking is aimed through presenting (1) well-ordered features of the sūrahs, (2) arguments, (3) Qurānic and hadrth evidence, and (4) examples in support of the view proposed in this article.

The relationship between arguments of Secondary Rules and Primary Rules is one of the issues dealt with in canonical law and books on the Fundamentals of Jurisprudence. Different views are held in this regard. Some scholars maintain that the arguments of Primary Rules contradict those of Secondary Rules. Some others, however, hold that the relaticnship between these two sets of arguments is that of the "governing vs. governed" rules. There are still others who believe that the relationship is that of "general vs. spedfic" rules. This article discusses the relationship between the arguments.

The article begins with an introduction to the academic character of Abd al- Rahmān b. Ahmad Suhaylī, the interpreter, narrator, philologist and syntactician of the sixth Hegira century, also known as the learned of Andalusia. Then, Suhaylī"s invaluable book, al-Rawz al-Unuf, is introduced. As an encyclopedia of Islamic sciences, the book is worthy of analysis from different aspects. In the course of the article examples are mentioned of the Islamic sciences dealt with in the book. Moreover, some of Suhaylī"s innovations are also dealt with. The following are among Suhaylī"s innovations in al-Rawz al-Unuf: mentioning canonical, theological, ... viewpoints about an issue, analysis of scholars" views, making use of different referencesin his analysis of an issue, paying attention to philology.