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Author(s): 

FATAHIZADEH F.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    -
  • Issue: 

    80 (QUR'ANIC AND HADITH STUDIES)
  • Pages: 

    143-159
Measures: 
  • Citations: 

    0
  • Views: 

    3120
  • Downloads: 

    0
Abstract: 

This article reviews the validity of the interpretation ascribed to ‘Alī b. Ibrāhīm. The extant Tafsīr of Qummī is a collation of the traditions of Abū al-Faḍl al-‘Abbās from ‘Alī b. Ibrāhīm and Abū al-Jārūd and the traditions of other masters. On the other hand, Shaykh Kulaynī has related various exegetical traditions on the authority of his master, ‘Alī b. Ibrāhīm, in his Kitāb al-Kāfī. The writer has adopted ‘Alī b. Ibrāhīm's exegetical traditions in Kitāb al-Kāfī and while comparing them one by one with Qummī's exegetical traditions, he has encountered only one conformed example.With a research made into the chains of transmission of ‘Alī b. Ibrāhīm's exegetical traditions, it was clarified that there are weak narrators in the chains of transmitters who are accused of falsehood, exaggeration, and fabrication of ḥadīth; and it is clear that ‘Alī b. Ibrāhīm's authentication is not applicable to these people.With an examination of the textual criteria and quality of the exegetical traditions of Qummī, it was made clear that some of Qunnī's exegetical traditions are not compatible with the legal and rational standards, among which are the traditions that have violated the infallible status of the Prophets. Furthermore, fabrication of ḥadīth and superstitions are clearly evident in many of them.Accordingly, it is concluded that the tafsīr that has been at Shaykh Kulaynī's disposal is different from the tafsīr which now we have in hand.

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Journal: 

MEDICAL FIGH

Issue Info: 
  • Year: 

    2010
  • Volume: 

    2
  • Issue: 

    3-4
  • Pages: 

    87-127
Measures: 
  • Citations: 

    0
  • Views: 

    2097
  • Downloads: 

    0
Abstract: 

Saving patients' lives is an important duty for physicians. Regardless of the level of a physician’s skills, there is always a possibility of damage or loss in patients’ life. In jurisprudence, there is a dispute as to whether a physician is responsible if he commits medical mistakes in the course of treatment. Some scholars believe that a physician is always responsible for damages related to his professional mistakes whether he has obtained permission or not. They base their arguments on the generality of the related narrations ofajir (hired) and juridical rules such as Itlaf (destruction), Tasbib (causing damages), La darar (denegation of harmfulness) and Qorur (deception).On the other hand, some others believe that physicians are never responsible for such damages. They base their arguments on theIhsan (beneficence) rule andBara’ah (quittance) principle. They argue that physicians have not undertaken achieving the improvement result and they are merely responsible for treatment of the patients.According to Bara’ah principle, physicians could be released from such responsibility. In other words, they are always responsible unless they obtain quittance from their patients. This argument is based on the general rules of al-osr wal-haraj (denegation of hardships) in the society along with Sokuni’s narration. In addition, the necessity of commitment to conditions is another reason for this argument. Exploring the grounds of responsibility (al-ziman) and the grounds for their release fromal-ziman the latter argument proves to be more acceptable. Therefore physicians should obtain permission from the patients or their guardians before taking medical actions and also the veterinary should obtain quittance from the owner of animal. Theses evidences are stronger and they are not responsible after obtaining quittance.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    1
  • Pages: 

    2-13
Measures: 
  • Citations: 

    0
  • Views: 

    29
  • Downloads: 

    26
Abstract: 

Background: Postnatal care is a component of the maternity care continuum, which is often undervalued and under-offered. The aim of this study was to explore healthcare providers’,(HCPs) views about postnatal follow-up care (PNFC) offered to women in Oman. Methods: This qualitative study was performed from May 2021 to January 2022,29 individual participated in semi-structured telephone interviews with staff nurses (N=20), nurse/midwives (N=5), and doctors (N=4) from Khoula and Ibra hospitals and Al Amerat, Muttrah and Al Qabil health centers in Oman. Conventional content analysis was guided by Erlingsson and Brysiewicz. Results: Seventeen sub-categories and four categories emerged from the data,they included communication and timing of PNFC, provision of PNFC with various components, challenges and needs for providing PNFC, and the impact of COVID-19 on PNFC. Conclusion: Providing postnatal follow-up care in Oman is challenging for HCPs due to lack of clinics dedicated to postnatal care, no scheduled appointment times for women, very limited guidance within the National Maternity Care guideline, and some HCPs (i. e., nurses) with no formal education on the components of postnatal care. These hinder the ability to provide information, education, support, and services to women.

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Author(s): 

ATAEI NAZARI HAMID

Journal: 

AYENEH-YE-PAZHOOHESH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    34
  • Issue: 

    1 (199)
  • Pages: 

    209-225
Measures: 
  • Citations: 

    0
  • Views: 

    135
  • Downloads: 

    0
Abstract: 

The book of Imā, m Qā, sim bin Ibrā, hī, m and the theological principles of Zaidiyyah is one of the noteworthy works of Wilferd Madelung, a famous and contemporary Islamic scholar. After more than half a century since the initial publication of this book in the German language, recently, a Persian translation of it has been published by Mrs. Shirin Shadfar. The mentioned translation, if it were done with more precision and revision, would be a more useful and acceptable work. Some of the most obvious problems in this translation are: A number of unintelligible and vague sentences and phrases, complicated, confusing, and non-fluent text, incorrect or inaccurate translations, slips in recording names and proper nouns, and editing, spelling, and typographical errors.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    25
  • Pages: 

    77-102
Measures: 
  • Citations: 

    0
  • Views: 

    507
  • Downloads: 

    0
Abstract: 

A will for waqf (Arabic: الوقف endowment of property) as one of the “ wills” and legal acts which has been suspended to the death of a person has been paid attention to by the jurists and law scholars. But the nature of such will has been constantly disputed and they do not believe that there is no reconciliation between it and the wills of promissory (ahdi) and transfer of ownership (tamliki) but they think that because in the case of “ a will” for waqf, transferring of ownership in relation to the testator’ s property is occurred this category of “ will” is placed under the third category i. e. a will for disposing off the property and besides “ wills” such as a will for manumission (freeing slaves or a release from slavery) and ibra' (Arabic: ابراء waiver on the right of claim). But observing the present regulations in the two legal systems of Iran and Egypt, a will for waqf is counted as one of the instances of tamiliki wills. According to this type of will waqf for a property is enforceable just in the case of creation (making) of a will and without the need for an independent creation by the legatee (Arabic: موصی له al-mū ṣ ā lahu) or legatees. In respect of being the legal entity in waqf assets (Arabic: موقوفة) in Iranian and Egyptian legal systems resulting independent assets, competence and the capacity of rights and duties for legal persons, as just the death of the legatee the asset itself extracts from his possessing-owning property-and transfer to the possessing of the permissibility is the absence of legal ruling or the ruling of permissibility has a vital role in the problem of the fiqh realm. Especially, when the relationship between permissibility (Arabic: اباحه ibahah) with the principle “ عدم خلوّ” is described well; a continual principle-according to claim a consensus on it-in Shia fiqh and the principles of fiqh which its contents are: no events are without legal ruling “ عدم خلوّ الواقعة عن الحکم” . Besides the naqlior revealed arguments “ everything-halal or haram or what people need-but it is in the holy Quran or Islamic tradition” martyr Sadr for proving this has utilized the reasoning argument i. e. God’ s grace. Although the principle of grace (lutf) is considered valid and has a great effect in the problems such as the comprehensiveness of sharia, the relationship between fiqh and law but it has not appropriately clarified as the position of the jurist such as Imam Khomeini with adducing to some of his sayings in the absence of his important analysis of permissibility and the absence of ruling has been gathered. The present note with referring to the authentic Shia usul and fiqh texts and with jurisprudential method the opponents’ opinions of this principle such as Muhaqiq Naraqi, the late grand Ayatollah Khoei and Imam Khomeini have been surveyed and at the end with close attention to the space of issuance of narrations and debate on reasoning argument of God’ s grace it has valued (believed) the authenticity of some opponents’ reasons.

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Author(s): 

Jahangiri kolookhi Mohsen | Bannaei Kheyrabadi Muhammad Ali

Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    25
  • Pages: 

    53-76
Measures: 
  • Citations: 

    0
  • Views: 

    183
  • Downloads: 

    0
Abstract: 

The problem of the realm of fiqh relates with an extensive network of subjects which each has been propounded in its specific area. One of the effective subjects to solve this problem is to extract the quiddity of legal rules to get its range. Explaining the quiddity of permissibility (Arabic: اباحه ibahah) and mentioning the have accepted that the sexual intercourse is a precondition and restrictive factor for the establishment of dowry and although there have been aspects for establishing the total of dowry in the condition of not engaging in sexual intercourse but these aspects are disputable and in contrast the aspects such as the stipulated benefit in the case of the benefit of condition, the validity of the title of the wife who are not engaged in sexual intercourse in the situation of divorce, the possibility of tanqih al-manat (extraction of the underlying reason) being of the cases of establishing half of dowry in the situation of the annulment of marriage before sexual intercourse indicate the division of the value of dowry in half. Therefore, the opinion of dividing the dowry in half has been justified and substantiated. will for waqf (Arabic: الوقف endowment of property) as one of the “ wills” and legal acts which has been suspended to the death of a person has been paid attention to by the jurists and law scholars. But the nature of such will has been constantly disputed and they do not believe that there is no reconciliation between it and the wills of promissory (ahdi) and transfer of ownership (tamliki) but they think that because in the case of “ a will” for waqf, transferring of ownership in relation to the testator’ s property is occurred this category of “ will” is placed under the third category i. e. a will for disposing off the property and besides “ wills” such as a will for manumission (freeing slaves or a release from slavery) and ibra' (Arabic: ابراء waiver on the right of claim). But observing the present regulations in the two legal systems of Iran and Egypt, a will for waqf is counted as one of the instances of tamiliki wills. According to this type of will waqf for a property is enforceable just in the case of creation (making) of a will and without the need for an independent creation by the legatee (Arabic: موصی له al-mū ṣ ā lahu) or legatees. In respect of being the legal entity in waqf assets (Arabic: موقوفة) in Iranian and Egyptian legal systems resulting independent assets, competence and the capacity of rights and duties for legal persons, as just the death of the legatee the asset itself extracts from his possessing-owning property-and transfer to the possessing of the permissibility is the absence of legal ruling or the ruling of permissibility has a vital role in the problem of the fiqh realm. Especially, when the relationship between permissibility (Arabic: اباحه ibahah) with the principle “ عدم خلوّ” is described well; a continual principle-according to claim a consensus on it-in Shia fiqh and the principles of fiqh which its contents are: no events are without legal ruling “ عدم خلوّ الواقعة عن الحکم” . Besides the naqlior revealed arguments “ everything-halal or haram or what people need-but it is in the holy Quran or Islamic tradition” martyr Sadr for proving this has utilized the reasoning argument i. e. God’ s grace. Although the principle of grace (lutf) is considered valid and has a great effect in the problems such as the comprehensiveness of sharia, the relationship between fiqh and law but it has not appropriately clarified as the position of the jurist such as Imam Khomeini with adducing to some of his sayings in the absence of his important analysis of permissibility and the absence of ruling has been gathered. The present note with referring to the authentic Shia usul and fiqh texts and with jurisprudential method the opponents’ opinions of this principle such as Muhaqiq Naraqi, the late grand Ayatollah Khoei and Imam Khomeini have been surveyed and at the end with close attention to the space of issuance of narrations and debate on reasoning argument of God’ s grace it has valued (believed) the authenticity of some opponents’ reasons.

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