JOURNAL OF ISLAMIC STUDIES
Year:2001 | Volume:- | Issue:51-52|Papers Count:15

Temporal Origin and Eternity of Soul in the Quran and Tradition Man has long been in search of finding answers to questions pertaining to the origin of his own life. Philosophers, mystics, interpreters and traditionists have, one way or another, dealt with issues such as: What is the nature and/or origin of human soul? Is soul prior to the body? If it is, what is the nature of the priority? What guidance do religious texts offer in this regard? How much of the guidance is based on rational arguments? In this article, the writer mentions the verses and traditions usually quoted in support of priority of soul to body. He argues that the texts quoted cannot justify the priority as much as literalists think the texts can. He maintains that although it is undeniable that human soul is anterior to body, it does not implicate that there exists an identifiable entity superior to the body.

Many experts on tradition consider the book Jame"ah the first book in the history of Shi"a traditions. Jame"ah is the book that Imam "Ali wrote down in this own handwriting. As the book is important in terms of the chain of transmitters of traditions, the writer aims to first prove that the book is authentic. Then he analyzes the features of the book. The writer maintains that different names attributed to the book refer to the books Jefr and Jame"ah

This article begins with an analysis of the effect of religious practices and traditions on the canon laws enforced among nations in the past. Then, Montesquieu"s opinions regarding separation of religious law from civil law are mentioned. Ideas regarding separation of religion from the state and the idea of possibility of different readings of religion are also put forward. Next, the role of religion in constituting laws of ancient peoples is dealt with. Quoting Will Durant, the writer discusses the idea of attribution of human law to spiritual and supernatural sources. Then, the role of ancient people"s laws in constituting the laws of Judaism, Christianity and Islam is dealt with. The writer maintains that divine laws are established according to needs, both time-wise and place-wise. This is certain as regards Islam. As for the Torah (Pentateuch), the laws it contains may have been based on the ones used and were in force among the tribes then and there, because the Pentateuch was most probably written down in Babylon when the Jews were enslaved, or in Palestine shortly afterward. Dealing with the relation of law to ethics, the writer analyzes the bases of ethics and law from the viewpoint of Western scholars like Kant and other contemporary figures.

When there are several blood-wits and all unanimously agree on blood vengeance, blood money or forgiveness of the killer, judgment will be passed according to the agreement. However, what action should be taken when the blood-wits disagree and some seek vengeance whereas some others ask for blood money or forgiveness? Moreover, when some of the blood-wits are under puberty, insane, absent or silent, can other blood-wits decide on blood vengeance, blood money or forgiveness? Jurists have different opinions in this regard. According to the Islamic Retribution Law of Iran, retaliation can be carried out only when there is a unanimous agreement among blood-wits. But when there is a disagreement among them, those who want to seek vengeance should give the other blood-wits their share of blood money and then retaliate by killing the killer. The Retribution Law is silent regarding what should be done when some of the blood-wits are under puberty, insane, absent or silent. In this regard, the Supreme Court has decided that the share of the blood money belonging to the blood-wits under puberty, the insane, the absent or the silent must be supplied by the blood-wits who want the killer to be executed. If the available blood-wits ask for blood money, there seems to be no need to imprison the killer till the blood-wits who are under puberty reach puberty or the insane recover or the silent give their views or the absent become available. Of course, the legatee, the custodian or the government may ask for blood money on behalf of the blood-wits who are under puberty, insane or silent. However, it is not to their interest that the blood-wits who ask for money or forgive the killer be given their blood money from the personal belongings of the insane, the absent and those under puberty.

This article is a critical analysis of the ideas for and against the theory of identity of the knower and the known. The following points are emphasized in this article: i) Theory of identity and the representative character of knowledge ii) Critical analysis of perfection of soul through identity with the cognitive forms, which is in contradiction with the idea of activeness of the soul iii) Premises of the theory of identity and the effects of doubts about the premises on the theory iv) The results of the theory in terms of practice and faith, and in terms of whether understanding issues such as resurrection of the body and embodiment of deeds depends on accepting the theory

Everyone agrees that confession plays an important role among the arguments in a lawsuit. According to reason and Islamic law, confession is binding for the confessor. Jurists and lawyers unanimously agree that a sane person"s confession against himself is binding. However, as regards the confession of a sick person (the final illness that may lead to his death), the jurists of the five schools of Islam disagree. Dealing with the significance of the issue, the writer explains the meaning of maridh (sick person) and mentions the origin of the dispute about the juridical decree of the confession of a sick person before his death. Quoting the different views from each of the five juridical schools of Islam, the writer analyzes the views in terms of the arguments and documents supporting the decree.

Apart from a brief discussion of the word qadha (judgment), the article mainly has two parts. In the first part, the writer analyzes and evaluates the opinions and arguments of Imam?te and Sunni jurists about whether a moqallid (follower) has the permission to judge. Put it another way, the writer tries to answer the following question: Does a follower who is generally familiar with ordinances of the law have the permission to judge, or does the judge have to be a person well-versed in ordinances of the law or enjoy the absolute power of judgment? In the second part of the article, the writer analyzes the opinions of Shia and Sunni jurists about whether a relative legist (mojtahid motajazzi) is permitted to become a judge. Put another way, the writer addresses the following question: What is meant by "having the ability of juridical exertion" as a precondition of becoming a judge? Does it mean relative ability or absolute ability?

Apart from a brief discussion of the word qadha (judgment), the article mainly has two parts. In the first part, the writer analyzes and evaluates the opinions and arguments of Imam?te and Sunni jurists about whether a moqallid (follower) has the permission to judge. Put it another way, the writer tries to answer the following question: Does a follower who is generally familiar with ordinances of the law have the permission to judge, or does the judge have to be a person well-versed in ordinances of the law or enjoy the absolute power of judgment? In the second part of the article, the writer analyzes the opinions of Shia and Sunni jurists about whether a relative legist (mojtahid motajazzi) is permitted to become a judge. Put another way, the writer addresses the following question: What is meant by "having the ability of juridical exertion" as a precondition of becoming a judge? Does it mean relative ability or absolute ability?

Everyone agrees that confession plays an important role among the arguments in a lawsuit. According to reason and Islamic law, confession is binding for the confessor. Jurists and lawyers unanimously agree that a sane person"s confession against himself is binding. However, as regards the confession of a sick person (the final illness that may lead to his death), the jurists of the five schools of Islam disagree. Dealing with the significance of the issue, the writer explains the meaning of maridh (sick person) and mentions the origin of the dispute about the juridical decree of the confession of a sick person before his death. Quoting the different views from each of the five juridical schools of Islam, the writer analyzes the views in terms of the arguments and documents supporting the decree.

The re-buying condition is one of the issues discussed in the section on trading in Fiqh (jurisprudence). Since long ago, this condition has been used as a weapon to escape usury or interest. The question that arises is whether this condition is lawful. Can it be used in transactions? When is this condition void? This article discusses this condition and whether it is lawful according to Islamic law.