Matin research journal
Year:2019 | Volume:21 | Issue:82 |Papers Count:8

The principle of distress and constriction is among the secondary but highly used and most important rules in Islamic jurisprudence. A major part of the developme[1]nts in family laws comes from this principle. Distress and constraint are the two factors that legitimize requests for divorce by the wife according to Islamic jurisprudence. The majority of jurisprudential sources have constituted requests for divorce by the wife for distress and constriction based on the traditions. In this paper, we have first tried to clarify Imamiyah jurists’ rules on divorce for distress and constriction and secondly, made an analysis on the reasons, in order to come to this conclusion that those instances in the words and rules of the jurists are symbolic and not restrictive in nature. Therefore, they are varied according to the time and place, and social conditions.

Adequacy is a highly applied principle in methodology with many effects in positive laws. The principal question of this paper is this: Does full enforcement of a decree by an agent with all its conditions require adequacy and sufficiency of the decree of religious ruler? The findings of this analytical paper indicate that if in case of apparent religious decrees we make a mistake, there will come distress and constriction, which are both religiously rejected. In real decrees, however, adequacy shall be implemented in full. As in emergency cases, despite urgency and pertinent problems, the decrees shall be implemented immediately based on sufficient and adequate decree issued by the religious ruler. In case of death, there is a need for compensation. Any doubt in fulfilment of duty after the emergency, must be removed through resorting to the principle of quittance to issue adequacy. In case of apparent decrees, Imamiyah jurists prescribe lack of adequacy. The late scholar Bojnurdi has mostly resorted to a rational approach and Imam Khomeini – in addition to resorting to reason and narration – attaches importance to the decision of the legislator even to the degree of adequacy of religious duties. This indicates Imam Khomeini’ s approach based on common sense in clarifying the fundamentals and principle of Islamic jurisprudence. The approaches – together-by both thinkers suggest that any reason-and narration-based introduction that prescribe sufficiency of duties as the final intention of the legislator, is valid. This approach consolidates expansion of methodologically developed rational viewpoints in safeguarding expediency of the Sharia law.

Imam Khomeini pays special attention to reason and rationality in his system of thought. His works on Islamic sciences indicate how he attaches significance to rational reasoning and how he applies reason and rational methodology. Despite extremist rationalism, self-sufficiency and autarky of reason in understanding man, the realities of the world of being, spiritual perfection and salvation, and the ways and means to gain the two, Imam Khomeini believed in some constraints and impotence of reason. He was of the opinion that reason must be at the service of revelation, then it must be supported and led by religion and Sharia law. This research paper, developed through discretionary and document analysis method, studies constraints and impotence of reason in view of Imam Khomeini. The findings of this paper are the following: reason is incompetent in understanding the majority of realities, mysteries and codes of the universe such as the quality of revelation and prophethood, resurrection of the body, philosophy of Islamic precepts, etc. Since reason is directly affected by internal and external factors and situations, it is fallible to faults and trespassing reality in what it perceives, understands and figures out. If man shares reason with the realities on hidden acts of worship, he will end up with denying religious obligations and certainties of religion.

Engagement for marriage is a contract between two people for joint marital life in future. According to the current laws in force (Article 1035 GH. M), engagement is a religiously recommended contract and there is no obligation for either party before recital to force the other to marry. However, one of the important points in relation to the need to observe Sharia limits in relations between the people and preventing violation of the rights of either party concerns the scope of liability. In this case, the question is: Can either party request indemnities for termination of the engagement contract? On this basis, this paper intends to resort to the authentic and reliable sources to come to the conclusion that the damage incurred by either party as a result of termination of engagement will be claimable by rule of the Sharia law in case of the lack of any justifiable reason and based on the valid principle of pride. The right to claim damage will be in no contradiction with the right to terminate the engagement itself.

Belief in Resurrection and Doomsday is one of the indisputable principles of the monotheist religions, in particular Islam, so that almost one-third of the verses of the Holy Quran are on Resurrection. Interpreters of the Holy Quran consider these verses, in surface meaning, as Divine words for punishment and reward but theosophists pay attention to the deep-structure meaning of the verses and extract many other concepts. To that end, Imam Khomeini has interpreted verses on Resurrection. To him, grave is a sign of human habits and the straitness of the grave as a sign of bad habits that will be exposed to man after his death. Agreeing with the scholars and theosophists, Imam Khomeini also considers the Heaven and Hell – according to the principle of “ imkan-i ashraf” (nobler possibility) – as the two existing realities, and believes that strong belief in Oneness of God is Greater Doomsday, while distraction of the wayfarer from the path of God is “ Yawm ul-Qiamah” or the Day of Resurrection. This paper intends to clarify Imam Khomeini’ s views on Resurrection, Doomsday and Afterlife affairs based on a review of his theosophical works.

Unlike the propaganda by the Western thinkers claiming to support the bill of rights, who introduce religion as a duty-bound, restricting, and anti-freedom doctrine, the religion of Islam publicizes an approach to human rights and duties of the citizens far beyond the approaches by humans. Islam’ s comprehensive approach toward existential aspects of man and his material and spiritual demands is the only doctrine that respects man. On this basis, Islam has clarified in full all human rights including social and individual, civil, judicial and cultural, security and welfare for all people with well-specified limits, for which there are duties and responsibilities as musts and must-nots for Muslims to observe. In this research paper, we intend to review the cohesion of rights and duties and their intertwinement in Islam through a descriptive-analytical method. This paper came to the conclusion that Islam is the major supporter and legislator of the bill of rights; still more, the cohesion of rights and responsibilities in Islam is so comprehensive and all-embracing that helps man ascend to the peaks of humanity and spirituality to the rank of the ‘ caliph of God on earth’ .

The principle of distress and constriction is among the secondary but highly used and most important rules in Islamic jurisprudence. A major part of the developments in family laws comes from this principle. Distress and constraint are the two factors that legitimize requests for divorce by the wife according to Islamic jurisprudence. The majority of jurisprudential sources have constituted requests for divorce by the wife for distress and constriction based on the traditions. In this paper, we have first tried to clarify Imamiyah jurists’ rules on divorce for distress and constriction and secondly, made an analysis on the reasons, in order to come to this conclusion that those instances in the words and rules of the jurists are symbolic and not restrictive in nature. Therefore, they are varied according to the time and place, and social conditions.