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Author(s): 

MUADDAB SAYYID RIDA

Issue Info: 
  • Year: 

    2007
  • Volume: 

    -
  • Issue: 

    74 (QURANIC AND HADITH STUDIES)
  • Pages: 

    113-130
Measures: 
  • Citations: 

    0
  • Views: 

    1035
  • Downloads: 

    0
Abstract: 

Muhammad husayn al-Dhahabi is among the Sunni scholars who in his Al-Tafsir wa al-Mufassirun dealt with tafsir (exegesis) and its methodology along with introduction of exegetical books of the Islamic sects, which induced reviewing IMAMIYYA traditional interpretations and determining the status of the exegetical traditions of the infallible Imams (A.S.). He believes that many fabrications and interpolations have found their way into the IMAMIYYA exegetical traditions, with the "distortion traditions" being of this type. The traditions of the Shi'a infallible Imams do not have any exceptional validity and are similar to other sayings and works of the tabi’in (Successors to the Prophet's (S.A.) companions).al-Dhahabi, in his classification of exegetical methods, regards IMAMIYYA traditional exegesis as among the invalid type and believes that the batni exegetical traditions (i.e., those transmitted through generations of the same family) concerning the Qur'anic verses are also invalid and have been merely used to prove the authority of the Imams of IMAMIYYA.In the present paper, the viewpoints of al-Dhahabi in relation to the above issues are critically reviewed and responded as to their falsehood.

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Author(s): 

NEKOUNAM VAHID

Issue Info: 
  • Year: 

    2017
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    365-387
Measures: 
  • Citations: 

    0
  • Views: 

    1350
  • Downloads: 

    0
Abstract: 

According to the principles of jurisprudence, retaliation is a way of attaining financial rights. After the revolution of Islamic Republic of Iran, legislator did not pay much attention to retaliation. While, adhering to the jurisprudence, retaliation has been considered in many cases as a justifiable factor by judicial procedure. The legislator's inattention is due to the lawyers' concern about chaos being caused by establishment of retaliation institution. But a review of the conditions of retaliation will make it clear that this institution does not have a wide and irregular territory and it depends on the fulfillment of some conditions created according to the needs and requirements of the society and public order. For this reason, prohibition of crime is a condition of retaliation, thus causing any loss through retaliation is not accepted. The present article, using an analytical-descriptive method of research, studies and analyzes the provisions of retaliation in jurisprudence.

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Author(s): 

Esbati Ismail

Issue Info: 
  • Year: 

    2024
  • Volume: 

    56
  • Issue: 

    1
  • Pages: 

    33-52
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    6
Abstract: 

Kaysaniyya is one of the first Shia sects that appeared after Mukhtār uprising and was theologically and politically active in the Islamic world until the middle of the second century. This article examines the extinction of Kaysaniyya with analytical and descriptive method. After numerous sub-divisions were created among Kaysaniyya, this sect slowly disappeared; Some of its supporters went to extremes and exaggeration and completely separated their way from the Shiites, and some of them were inclined towards Imami thoughts and gradually returned to IMAMIYYA. In Al-Kaysaniyya fī al-adab wa al-tārīkh, when discussing the interactions between Kaysaniyya and IMAMIYYA, Vedad al-Qazi tries to deny the tendency of Kaysaniyya towards IMAMIYYA. He considers the reports related to the conversion of prominent figures such as Seyyed Ḥimyarī and Kuthayr ‘Izzah as fabricated by the IMAMIYYA to confirm their own religion, while based on the findings of the present article, a group of Kaysaniyya after Muḥammad Ḥanafiyya accepted the Imamate of Imam Sajjad (p.b.u.h.) and another group after the death of Abụ Hāshim, accepted the Imamate of Imam Bāqir (p.b.u.h.). There is enough evidence about the conversion of Seyyed Ḥimyarī, while this evidence about the conversion of Kuthayr ‘Izzah is not enough, but there are enough reasons to judge him to be a Kaysanite until the end of his life.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    5
  • Issue: 

    1 (9)
  • Pages: 

    65-88
Measures: 
  • Citations: 

    0
  • Views: 

    749
  • Downloads: 

    0
Abstract: 

By considering the competitive advantages oftakaful over conventional insurances, such as sharing the underwriting profit (surplus) and return of investment, an investigation into and providing thetakaful Model based on Shiite Jurisprudence is necessary and unavoidable. Accordingly, with a survey of the legal structure of conventionaltakaful and identification of its problems according toIMAMIYYA jurisprudence, some corrective methods within the framework of Advocacy contract are proposed. On this basis, by using mouawad hiba instead of tabarru intention in payment of contributions and using replacement of compulsory contract onwakalah which is revocable, problems and conflicts of conventionaltakaful with IMAMIYYAjurisprudence will be solved. Based on this, takaful fund & takaful operator sign themosharakah contract together. Within a mosharakah contract, based on condition of corollary, takaful operator company becomes attorney oftakaful fund.Furthermore, within the mosharakah contract takaful fund & takaful operator will deprive themselves of the right of revocation. Risk sharing intakaful structure, not the transaction of risk to commercial insurers, and considering insurers as attorneys of participants will result in economy and reduction of risk coverage costs.

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Journal: 

Mishkat

Issue Info: 
  • Year: 

    2022
  • Volume: 

    40
  • Issue: 

    154
  • Pages: 

    50-76
Measures: 
  • Citations: 

    0
  • Views: 

    159
  • Downloads: 

    0
Abstract: 

"Narrative Semantics" is a semantic approach that in addition to arguing lexical traditions (narratives in which the meaning of a word is explained), apply all the traditions of the household of the Prophet of God (S. A. W. ) as a source of authentic Arabic language usage. Evaluating the IMAMIYYA Qur’, an scholars’,attitude towards this approach is the main issue of the article. Examining the activities of IMAMIYYA scholars to study the semantics of the Qur'an shows that jurists, commentators and linguists, have often adopted the same approach with the lexical traditions. If it conflicts with the words of the lexicographers, they have tried to resolve the conflict, or prefer the narrative point of view. Regarding the reference to the Qur'an's narrative words usage, although there are signs of IMAMIYYA scholars’,attention to this approach, but due to the difficulty of this method, they have not been able to take much advantage of it. Three great Shiite lexicographers, Sayyid Nur al-Din al-Jazayiri, Seyed Ali Akbar Ghoreishi and Ali al-Kourani Ameli, have paid much attention to this approach.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    26
  • Pages: 

    52-76
Measures: 
  • Citations: 

    0
  • Views: 

    22
  • Downloads: 

    0
Abstract: 

After Sunnis, the Shiites of Pakistan constitute the largest population of this country. But from the cultural and social point of view, they have always been neglected by other religions. Despite the external attacks, there is no coherence in the internal circles to deal with them properly, and this has several factors; One of them is the existence of different thoughts and currents within the Shia religion and their differences with each other; They also have problems from the inside. Among them, not having a sufficient scientific and cultural base and center is a guide. The Shiites of this country do not have the same opinion regarding religious teachings; Rather, different readings can be seen among them, and the lack of a reading and opinion about religious teachings has caused the emergence of various religious currents. For this reason, they have suffered intellectual, ideological and behavioral deviations. The biggest deviation is in the areas of analysis and interpretation of the principles of beliefs, customs, and exaggeration in the expression of the virtues of Imam (a.s.). So far, four important currents have emerged among the Shiites of Pakistan. (History) and this issue has not been researched so far. (Background) How many religious-intellectual currents exist among the Shiites of Pakistan, and in which areas do they have differences and conflicts, and what are their intellectual foundations? It is an issue that should be investigated (question) Akhbaris, Sheikhis, Jamanshahis and reformists are present in this country and most of its disputes and conflicts is in the field of belief, customs and rituals of Ahl al-Bayt (a.s.) (hypothesis). This article tries to identify the currents of thought in Pakistan, explain the factors and areas of their conflicts and disputes, and identify the trend of alignment with the Ahl al-Bayt (A.S.). Target). To achieve this goal, it used descriptive and analytical method (method). According to Shia teachings, Akhbari and Jamanshahi currents have taken the path of deviation and the reformist current has chosen the way and method of Ahl al-Bayt, peace be upon them, but the reformation method of this current is also is a matter of reflection. (Found)

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Author(s): 

SADEQI MOQADDAM MOHAMMAD HASSAN | AMIRI SARAROUDI SEYYED REZA

Issue Info: 
  • Year: 

    2017
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    203-222
Measures: 
  • Citations: 

    0
  • Views: 

    3952
  • Downloads: 

    0
Abstract: 

One of the topics that its fate is not specified explicitly in civil law is the situation of persons dying without heir. This is a controversial debate among jurisprudents and lawyers, but three theories can be drawn and investigated out of these controversies. The first group of jurisprudents holds that the person without heir, like other people, is entitled to dispose up to one third of his property by will and no one, even Imam, has enforcement authority over the excess of one-third. The second group believes that in the case where a person dies without heir his property belongs to the state, but if he has disposed more than one- third of his property exclusively for charity his will is correct, but he has no right to do so in cases other than charity. The third category believes that a person without heir is completely free to dispose all of his property to whoever he wishes by will. It seems that with respect to the philosophy of one-third to preserve the rights of heirs, the current law, in the case of absence of such an obstacle, should take the third view as correct. The context of the civil law in the cases pertaining to the permission of the heirs to enforce the will in excess of one-third of the heritage also supports this claim.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    24
  • Pages: 

    -
Measures: 
  • Citations: 

    0
  • Views: 

    13
  • Downloads: 

    0
Abstract: 

One of the crimes that has always been discussed in jurisprudence and established law, and in recent years, in addition to legal aspects, it has also taken on political dimensions and has even led to questions about it from non-specialists, is the crime of blasphemy This criminal title is mentioned at the beginning of Article 513 of the Islamic Penal Code (Book Five of the Ta’zirat) approved in 1375, but no definition has been provided for it. Most Sunni jurists and all Shiite jurists have discussed this issue in their jurisprudential works on the issue of insulting the Prophet, which is one of the main examples of blasphemy, some in the chapter on Hudud, and some at the end of the discussion on Qisas. From the perspective of jurists, whether Shiite or Sunni, the concept of blasphemy is ambiguous, and the only way to disambiguate this criminal title is to examine its jurisprudential foundations. This research intends to identify and analyze the comprehensive value and, possibly, the basic differences and similarities of each of these schools of thought regarding this crime by delving into reliable Shiite and Sunni jurisprudential sources. The simplicity of the concept of blasphemy and its examples, as well as the type of punishment that has been determined for it in the Five religions are among the ambiguity of the subject, which can be imagined as variables related to the issue.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    6
  • Issue: 

    1 (11)
  • Pages: 

    87-111
Measures: 
  • Citations: 

    0
  • Views: 

    1096
  • Downloads: 

    0
Abstract: 

“Etan Kohlberg” is one of the most outstanding orientalists studying Shiism. Giving a brief introduction of Etan Kohlberg and his works, this article presents a complete report of his article on “Jihad” along with a critical analysis of its contents and sources.In his article, the Development of the Imami Shiite doctrine of "Jihad", showing the historical evidence and relying on certain traditions, Etan Kohlberg has dealt with the Shiite approach towards Jihad at the time of Imam Ali and after wards.The present article stating the focal points of Etan Kohlberg on Jihad, criticizes and analyzes the content and the sources of the article. It first raises, the similarities and differences between Sunnis and Shiites on the concept of Jihad and then states the sources and evidence of Imami Shiies on the obligation of Jihad.

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Author(s): 

Ghafoorinezhad Mohammad

Issue Info: 
  • Year: 

    2025
  • Volume: 

    5
  • Issue: 

    1 (9)
  • Pages: 

    126-150
Measures: 
  • Citations: 

    0
  • Views: 

    14
  • Downloads: 

    0
Abstract: 

In IMAMIYYA narratives, the issue of the succession of Prophet Moses (a) and Prophet Jesus (a) through explicit designation (nass) by those prophets is significantly reflected. A review of the Old and New Testaments confirms that this claim aligns with their contents. IMAMIYYA hadiths regarding the succession of Joshua ibn Nun after Moses (a) address not only the principle of designation and successorship, but also topics such as the criteria for his selection (his superior knowledge and merit), the trials during his leadership—including the rejection of his appointment by some Israelites, and the rebellion of two hypocrites aided by Safura, the wife of Moses (a) against him. They also note the similarity in the duration of Joshua’s life after Moses (a) to that of Imam Ali (a) after the Prophet Muhammad (s), the coincidence of his martyrdom with the anniversary of Imam Ali’s (a) wounding, and the idea that only the followers of Joshua among the Jewish sects are deemed to be saved. Regarding Simon (Sham’un), the hadiths mention not only his designation and succession, but also his virtues and the hardships he endured after the ascension of Jesus (a). The greater number of reports about Joshua compared to Simon may be due to the presence of more Jews than Christians in the environment in which Islam emerged, and their closer interactions with Muslims. The Prophet (s) and the Imams likely intended, by narrating the stories of Joshua and Simon, to console the Shia amid the political and social pressures of the Umayyads and Abbasids, and to prevent doubts among the Shia masses regarding the legitimacy of the Imams and their followers.

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