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Journal: 

Medical Figh

Issue Info: 
  • Year: 

    2018
  • Volume: 

    10
  • Issue: 

    34-35
  • Pages: 

    47-63
Measures: 
  • Citations: 

    0
  • Views: 

    7967
  • Downloads: 

    0
Abstract: 

the Islamic law. One of the issues that directly affects physical and mental health is forbidden to drink alcohol. The hypothesis of this research is based on the fact that mainly religious sanctities for eating, drinking, wearing and other items have a scientific wisdom, including the wisdom of medicine, which various sciences, including medicine, have achieved or will achieve in the future. The present study uses a descriptive-analytical method, and by examining the verses and narrations of forbidden drinking alcohol on the one hand and its adaptation to medical findings, on the other hand, it seeks to present a theory of dependency between religious sanctities and medical precautions. As a result, one example of this dependencies is the dependency between alcohol drinking and its destructive and harmful effects which is confirmed by medical science. The study of the wisdom and scientific REASONS of forbidding drinking alcohol and the effects of alcohol drinkers on verses and narrations, and its adoption and confirmation by the findings of medical science, leads to this fact which is in fact a kind of scientific miracle of the Quran and Islam. Alcohol drinking has harmful effects, such as the emergence of kidney, cardiovascular, digestive and psychological harmful effects such as harassment, indifference, mental and physical deficiencies, and many other fatal incidents in humans, although some believe that alcohol drinking is beneficial and argues in verse 219 of the Baqara chapter in which it is spoken of in the interests of alcohol.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    1
  • Pages: 

    125-149
Measures: 
  • Citations: 

    0
  • Views: 

    58
  • Downloads: 

    17
Abstract: 

The time value or time price is one of the important issues in economy and financial management whose acceptance or rejection has a significant impact on the analysis of other issues related to the financial markets. Proposing legal REASONS, some Islamic economy scholars and theoreticians of Islamic monetary markets have accepted the money value of time and have considered it unproblematic. Some of the most important REASONS include the rule of duration (lilajali qistun min al-thaman), the difference between the price of credit and that of cash sales, and the permission of advance payment or discount of the debit. Using a descriptive-analytical method and relying on the JURISPRUDENTIAL and economic sources, this article reviews and criticizes these REASONS and shows that first, the theory faces different JURISPRUDENTIAL problems in terms of imagination and second, the REASONS of the adherents of the theory are unable to prove the JURISPRUDENTIAL credit of the money value of the time in terms of affirmation.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    22
  • Issue: 

    2 (48)
  • Pages: 

    35-61
Measures: 
  • Citations: 

    0
  • Views: 

    1299
  • Downloads: 

    0
Abstract: 

Criminal content censorship (filtering) is a crucial subject which is being carried out in the Islamic Republic at high expenses, and the determination of its examples is legally handed over to a special committee of the Prosecutor General. Debate is going on about the efficiency of this kind of defensive mechanism against cultural intrusion and preserving political and economic interests. This article first tries to rely on JURISPRUDENTIAL stances and general principles derived from the Quran and traditions, in order to provide Islamic general policies about ethics, religion, politics and economics that exist in the real world, and then to offer general policies about safeguarding them, with the aim of defining them in the virtual world. Filtering, as a component of the country's defensive system, necessitates the adaptation of its general policies to the virtual world, which then could be used for analyzing the country's general filtering policies.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    61-88
Measures: 
  • Citations: 

    0
  • Views: 

    15
  • Downloads: 

    0
Abstract: 

The importance of opinion in the thought and practice of jurists in different periods, from the beginning of the era of the disappearance of the cobra to the Qajar period, shows the ups and downs and movement in an evolutionary path. After the Safavid dynasty came to power and the transition from the era of Taqiyyah, we witness the cooperation of the jurists with the Safavid government and the acceptance of Safavid government positions in the form of the jurists' shari'a guardianship and the Muslim monarchy of Dhu Shaukat. The fall of the Safavid dynasty and the coming to power of the Afghans, Nader Shah and Zandiye caused the collapse of the political and religious relations of the Safavid era, and political positions were taken from the jurists, and in the context of the society, three religious currents, Usuli, Khabari and Sufi, competed and clashed; But the outcome of this political and socio-religious conflict at the end of the period of intercession and the beginning of the Qajar era is the promotion of the status of jurists and the acquisition of independent social authority, which did not derive its power from the appointment of sultans, who obtained it from the people, and the kings needed their permission. . Now the question arises, why and how did the jurists change from cooperating with the government and the power attributed to the sultan to relying on the people and social authority? Using Skinner's theory of intentional hermeneutics and analysis of environmental conditions and discourse and religious contexts, this hypothesis has been proven that the developments in Shia jurisprudence, especially the topics of ijtihad, taqlid and khums on the one hand, and environmental changes and the occurrence of social conditions on the other hand, In a hundred-year process, ...

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Author(s): 

REZAEI RAD ABDOLHOSSEIN

Issue Info: 
  • Year: 

    2020
  • Volume: 

    6
  • Issue: 

    3 (20)
  • Pages: 

    195-224
Measures: 
  • Citations: 

    0
  • Views: 

    420
  • Downloads: 

    0
Abstract: 

Clause 49 of the protecting family law has recognized not registering the marriage, divorce, and revocation of divorce a crime and has determined imprisonment for up to one year. This study, with the aim of bringing the Islamic republic of Iran’ s law into concordance with religious and rational standards using a comparative and analytic method, tries to do a JURISPRUDENTIAL and legal research on the first section of this legal clause which has been or may be used for proving its legitimacy. Finally, the conclusion is drawn that there is a lot of significance and necessity in registering the marriage and there is a lot of harm and damage such as spoiling the family members’ rights and paving the way for various family crimes and social harms in the lack of it. These merits and demerits though, cannot be justifications for criminalization or not registering. Even so, the religious permit to administer and enforce punishment for such actions is not only difficult, but also impossible, and the principle of the presumption of innocence, the principle of the autonomy of the individual (that no one is presumed to have the position of a guardian over another), and the generality of the principle of the prohibition of harassment and nuisance, and the legal right of respect to rights and individual freedom obstruct it.

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Journal: 

Quran and Medicine

Issue Info: 
  • Year: 

    2018
  • Volume: 

    3
  • Issue: 

    2
  • Pages: 

    73-79
Measures: 
  • Citations: 

    1
  • Views: 

    1427
  • Downloads: 

    0
Abstract: 

Introduction Abortion is one of the basic and definite decrees, to which the book and the tradition imply, but, as any basic decree in case of secondary circumstance, it can be changed in the same way and the abortion is possible. The aim of this study was to evaluate the JURISPRUDENTIAL foundations of abortion permission with an emphasis on JURISPRUDENTIAL rule of incompatibility. Conclusion Some Imamieh jurists believe that only when the soul has not been blown up in fetus and that the mother’ s life is preceded by abortion, according to the rule of incompatibility, abortion is permissible. Another group believes that the fetus can be aborted even after blowing the soul in fetus to defend the mother’ s life. Some others, based on the rule of incompatibility, consider a mother entitled to abortion and pay more attention to mother’ s life, but if the life of mother and fetus are of equal importance, according to the rule of incompatibility and doubt about the requirement, if there is no superiority on one of the two sides, the wisdom is to decides and the pregnant woman is between the survival of her own self and abortion. From Imamieh jurists’ point of view, if the survival of fetus involves maim or an intolerable pain for mother, for the health of mother, abortion is permissible before the soul is blown up. Others believe that mother can be treated even with blowing the soul in fetus and does not need to delay it; even if the treatment causes an abortion and they say, according to the rule of incompatibility, that the mother’ s life has a preference.

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Journal: 

Philosophy and Kalam

Issue Info: 
  • Year: 

    2020
  • Volume: 

    52
  • Issue: 

    2
  • Pages: 

    169-188
Measures: 
  • Citations: 

    0
  • Views: 

    270
  • Downloads: 

    0
Abstract: 

In her 2014 paper "Internalism About REASONS: Sad But True? ", Kate Manne defends a version of Internalism about normative REASONS for actions. She starts by considering the interpersonal context of REASONS to emphasize how REASONS are limited by psychological states of the agent. Then, she defends a necessary condition for REASONS; i. e., Ideal Reasoning Thesis, which every theory of reason should satisfy. However, she claims, externalism fails to do so. On the contrary, we suggest that it is not clear whether the process of Ideal Reasoning happens in an ideal or non-ideal time. Furthermore, it seems preferable to take time to be ideal too. Clearing the ambiguity about time makes externalism able to satisfy Ideal Reasoning Thesis and, thus, the argument for internalism fails.

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Journal: 

Quranic Doctrines

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    213-237
Measures: 
  • Citations: 

    0
  • Views: 

    95
  • Downloads: 

    7
Abstract: 

The verse “Spend your wealth in the cause of Allah and do not let your own hands throw you into destruction and…” is one of the verses of the Holy Quran that jurists have cited it in various discussions (Al-Baqarah, 2:195). There are many debates in determining the extent of the prohibition and how to interpret this verse, although the use of the prohibition of casting (throwing) from this verse is not debatable. This paper which has been done by descriptive analytical method, seeks to answer the question: Is the criterion of the prohibition of casting into Tahluka (Arabic: التَّهْلُکَة, destruction), probability, presumption, fear with individual criterion or generic fear? This research criticizes the presented criteria after stating the meaning of the verse and presenting the viewpoints and firstly, the presented criteria accepts the generality of casting into Tahluka (Arabic: التَّهْلُکَة, destruction), considering the criticisms of other views and considering that the case cannot limit (restrict) the general and expanded meaning of the verse and secondly, due to the fact that rulings are enacted on titles and subjects in Islamic Sharia (Arabic: شریعة, Romanized: sharīʿa) and it is also accepted the theory of generic fear that is the customary ruling for the destruction of the person due to the improbability of jurists’ obligation to personal fear essential concomitants and due to the recension (the effective cause) of the fatwā (Arabic: فتوی; plural fatāwā فتاوی) of jurists in verses such as the mentioned verse. Therefore, casting into Tahluka (Arabic: التَّهْلُکَة, destruction) is forbidden, if it is from the perspective of custom for the human race.

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Author(s): 

MIRDAMADI SAYYID MOJTABA

Journal: 

FIQH

Issue Info: 
  • Year: 

    2021
  • Volume: 

    27
  • Issue: 

    4 (104)
  • Pages: 

    201-227
Measures: 
  • Citations: 

    0
  • Views: 

    291
  • Downloads: 

    0
Abstract: 

Mirdamad (1041 AH), a famous scientist of the Safavid period, in addition to mastering the rational sciences, is an expert in narrations such as Islamic jurisprudence and hadith, dirayat and rijal, and has compositions. Mirdamad is the most prominent jurist philosopher in different and comprehensive periods of religion and reason, and in his time, he held the position of religious authority. His books, treatises, and commentaries on jurisprudence and hadith, and his interpretation (of the Qur'an) on more than 40 of his 73 outstanding works, out of a total of hundreds of his works left, show his passion in narrations alongside profound philosophical works. This paper extracts and examines the opposing views of this famous scientist in the fields of jurisprudence. Mirdamad's Tafarrod (Individualized JURISPRUDENTIAL fatwa) is in contrast to the fame before him and possibly his own time. In one place, he refers to his special and unique views with the word "Tafarrod" and often does not state the REASONS and evidence of his view and fatwa. In some cases, this study has provided arguments and justifications for them.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    48
  • Issue: 

    1
  • Pages: 

    233-254
Measures: 
  • Citations: 

    0
  • Views: 

    1591
  • Downloads: 

    0
Abstract: 

Today, there are three approaches dealing with economic problems: freedom in consumption, inappropriate strictness, and the third approach which is in accordance with the divine innate human or path of righteousness. This article aims to verify the efficiency of the third approach. The "rule of moderation", in terms of the resources specimens, is a modern topic in economics. The research method in this study is using the dynamic and traditional jurisprudence. The criterion for "the middle way" has been determined and its efficiency in economics has been studied. In addition, the role of this rule in economic stability has been examined according to the primary sources of jurisprudence, law and economy. The content of this principle is based on Islamic texts, although there is no such term used explicitly in these references.

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