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Journal: 

TARIKH-E ELM

Issue Info: 
  • Year: 

    2021
  • Volume: 

    19
  • Issue: 

    2
  • Pages: 

    377-412
Measures: 
  • Citations: 

    0
  • Views: 

    59
  • Downloads: 

    13
Abstract: 

The catapult is a weapon of war that was widely used in the early Islamic period and before the invention of the cannon. In pictures from the manuscript of the Ilkhanid Jamiʿ al-tawārīkh, images of this weapon were illustrated in various scenes. Therefore, identifying the representation, visual quality, and image of catapult tools in the paintings of the manuscript of the Ilkhanid Jamiʿ al-tawārīkh and also recognizing the degree of adherence of the paintings of Jamiʿ al-tawārīkh manuscript to scientific principles in illustrating catapult tools and the arrangements adopted by painters has been done. In this regard, research questions are: 1-How is the image of the catapult tool represented and illustrated in the paintings of the Ilkhanid Jamiʿ al-tawārīkh manuscript? 2. What is the visual quality of the catapult in the paintings of the Jamiʿ al-tawārīkh manuscript? 3-To what extent have the paintings of Jamiʿ al-tawārīkh manuscript adhered to scientific principles? This research has been done in a descriptive-analytical method with a comparative approach and using documentary sources and libraries the Case Studies include 5 paintings of the Ilkhanid Jamiʿ al-tawārīkh manuscript, which have been selected in a non-probabilistic and purposeful manner and these cases have been compared with two examples of images from scientific sources, namely the book of weapons and killing tools by Ehsan Hindi and the book of Al-Aniq Fi Al-Manajniq by Ibn Arnbagha Al-Zardkash and the method of analyzing the images is qualitative. In this comparison, the images of catapults illustrated in the paintings of the Ilkhanid Jamiʿ al-tawārīkh manuscript are analyzed based on the scientific mechanism of this weapon and the degree of adherence of the illustrated samples to the scientific structure of the instrument has been measured. Also, the results of the research show that the painters did not have complete and accurate knowledge of the scientific mechanism of the catapult tool and have merely illustrated its appearance also, the study of the samples shows that all the samples are illustrated based on catapults of Arabic or Persian and Turkish type and Roman or Farangi and Soltani types are not seen among the samples.

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Author(s): 

Kazemi Sajad

Issue Info: 
  • Year: 

    2021
  • Volume: 

    54
  • Issue: 

    2
  • Pages: 

    467-480
Measures: 
  • Citations: 

    0
  • Views: 

    85
  • Downloads: 

    18
Abstract: 

The iqṭāʿ in various forms was a method for land management, especially for centuries in the history of Iran. It was not very popular during the Ghaznavid period due to their dependence on the plunder. The iqṭāʿ rule was that when the government could not pay the troops in cash, it would cede the land to them. Why the iqṭāʿ was not applied even when they had problem in paying the troops during the late Ghaznavid period? This research seeks to answer this question and also to explain the system of iqṭāʿ in the early Ghaznavid period through descriptive and qualitative analysis. The findings show that the early Ghaznavids profited from the iqṭāʿ system, but Sabuktigin's reform in land management prevented the iqṭāʿ system. The later Ghaznavid sultans replaced it by paying the troops from peasants' properties.

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Author(s): 

Zende Del Mohammad

Journal: 

Issue Info: 
  • Year: 

    2024
  • Volume: 

    56
  • Issue: 

    2
  • Pages: 

    57-89
Measures: 
  • Citations: 

    0
  • Views: 

    9
  • Downloads: 

    0
Abstract: 

One of the expressions cited in jurisprudential books for understanding and validity of hadiths is the term “Qażīya fī Wāqiʿa”, based on which the jurists consider some specific hadiths as Unathority for deriving general rulings.  A number of references are made in the works of early jurisconsults that refer to some aspects of this term. The present study, carried out using the descriptive-analytical method and through library research, will first analyze the meaning, application, and implications of “Qażīya fī Wāqiʿa”, and then debunk the errors related to the term. The components of “Qażīya fī Wāqiʿa” include the indication of a ḥadīth regarding the actions of the Maʿṣūm (infallible), the narration of action by the Maʿṣūm (infallible), the lack of intent for legalization and the narration of action, and the inability to reconcile with common understanding. The issuance of Actual Sunnah in response to a narrator’s question, and the narrator mentioning the continuation of Actual Sunnah by the Maʿṣūm (infallible) are some of the indications revealing that the Actual Sunnah was made with the intent of legalizing (Tashrīʿ) and clarifying a legal ruling.

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Author(s): 

Nematollahi Esmail

Journal: 

FIQH

Issue Info: 
  • Year: 

    2025
  • Volume: 

    32
  • Issue: 

    2 (122)
  • Pages: 

    87-114
Measures: 
  • Citations: 

    0
  • Views: 

    6
  • Downloads: 

    0
Abstract: 

According to the principle of ḍamān al-yad (liability of possession), any unauthorized use of another person’s property entails liability, unless the possessor is considered a fiduciary (amīn). One of the most important examples of a fiduciary is an agent in contracts of trust, such as wadiʿa (deposit) and personal lease contracts. The fiduciary nature of the agent’s possession may raise the assumption that the agent is exempt from liability in the event of failure to fulfill the contracted task. From a legal perspective, a potential conflict arises between two sets of rules: The general rule of contractual liability (Article 227 of the Iranian Civil Code), which considers breach of contract as a basis for liability, and the presumption of non-liability in fiduciary possession (yad amānī). The central issue is whether a genuine contradiction exists between these two frameworks, and if so, how it should be resolved. This study, employing a descriptive-analytical method, argues that the relevant types of contracts must be distinguished. In contracts like wadiʿa, where the agent’s duty is limited to the safekeeping and return of property, the principle of istimān supports the agent and exempts them from liability. In contrast, in contracts such as personal service leases (ijārah al-ashkhāṣ), where the agent’s obligation is to perform a specific task with the entrusted property (beyond mere safekeeping), the principle of istimān cannot be invoked to exempt the agent from liability for non-performance.

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Journal: 

Issue Info: 
  • Year: 

    2024
  • Volume: 

    56
  • Issue: 

    1
  • Pages: 

    85-108
Measures: 
  • Citations: 

    0
  • Views: 

    12
  • Downloads: 

    0
Abstract: 

According to the Shīʿa jurisconsults, the execution of punishment (ḥadd) cannot be applied if the thief is the father or paternal grandfather of the victim. The question is whether in this case it is neither possible to implement the discretionary punishment (Taʿzīrī) as well as the punishment of ḥadd. Adopting the descriptive-analytical method, the current study attempts to demonstrate that issuing discretionary judgment is not possible, and that such an offender cannot be labeled as a thief. Moreover, according to the evidence and documentations, this ruling applies not only to theft, but also to other crimes against property. Given the current legislative status, it is possible to employ this theory in the implementation of law as well.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    20
  • Issue: 

    51
  • Pages: 

    53-74
Measures: 
  • Citations: 

    0
  • Views: 

    33
  • Downloads: 

    0
Abstract: 

Introduction and Objectives: Addressing an educator’s qualifications is of particular importance and priority; hence, our efforts in this study are due to this significance. On the other hand, utilizing effective and up-to-date research methods is essential and undoubtedly highly beneficial. Grounded theory is one of the methods we use in this study to derive a competent educator's most fundamental components from the Qur’an and hadiths perspective. This study aims to employ the grounded theory method to develop a conceptual model of an educator’s qualifications based on their importance and frequency in Islamic teachings and to introduce a theoretical framework. Through this method, we seek to extract data and propositions from previous research, examine efforts made in this field, and carefully analyze other necessary educational propositions for educators in the verses of the Qur’an and the hadiths. This will enable us to generate a theory and discover results from the data, presenting a conceptual framework for a competent educator from the perspective of Islamic teachings. Using the grounded theory method in this study is innovative and unprecedented, as no research has been conducted in this area before.Method: This research, conducted using the text-based ‛grounded theory’ method, involves the extraction and qualitative analysis of a comprehensive collection of religious texts, including the verses of the Qur’an and the Hadiths from the Infallibles (ʿa.), regarding the characteristics of a competent educator.Results: In this study, a thorough examination of the research background was conducted first to identify the components of a competent educator in religious teachings. A sample group of studies related to the main research question was then selected and compiled. This collection includes eight books, 15 theses, and 38 research papers meticulously studied and analyzed during the data collection phase. The verses of the Qur’an and the hadiths cited in these texts as the basis for describing the characteristics of a competent educator were collected. Additionally, during the data collection process, the hadiths mentioned in these studies were searched in the original hadith sources, and their references were noted alongside each hadith. Furthermore, while precisely examining these sources, any verse or hadith relevant to our research topic was also utilized. Subsequently, following the steps of the grounded theory method, open coding was performed to extract concepts from the data. Codes obtained from the verses of the Qur’an were marked with "Q," and those from the hadiths were marked with "T." In this phase, 119 codes of the Qur’an and 527 codes of the hadiths were identified.Discussion and Conclusion: The research findings indicate that the primary concern of religious texts in introducing a competent educator can be classified into two overarching domains: qualifications and competencies. In the domain of qualifications, five categories were identified in order of frequency and priority: ethical, doctrinal, emotional, epistemic, and psychological. In the domain of competencies, four categories were identified in order of frequency and priority: behavioral-operational, educational-educative, scientific-instructional, and teaching. The details of each category and the paradigmatic model of a competent educator based on religious teachings are introduced in this study. According to the results, a competent educator from the perspective of Islamic teachings should possess qualifications and competencies in two fundamental domains: value-based and professional. Based on the grounded theory method, out of 449 data points of the Qur’an and the hadiths, 646 concepts were coded during the open coding phase, with value-based categories accounting for 417 codes (65%) and professional categories accounting for 229 codes (35%). In axial coding, within the domain of value-based qualifications, the main categories identified were ethical qualifications (192 codes), doctrinal (131 codes), emotional (38 codes), epistemic (36 codes), and psychological (20 codes). The subcategory "the educator should possess moral dignities" under ethical qualifications, with 62 codes, had the highest frequency among subcategories in this domain. The subcategories "kindness and compassion toward the learner" (26 codes) under emotional qualifications, "the educator’s adherence to the Qur’an and Ahl al-Bayt (ʿa.) and enabling the learner to benefit from these two weighty things" (32 codes) under doctrinal qualifications, "the educator’s educational strategies regarding Imam Mahdi (ʿa.)" and "the educator's awareness of the value and blessings of teaching" (each with 13 codes) under epistemic qualifications had the highest frequencies among subcategories.Conflict of Interest: This research was financially supported by Shahid Rajaee Teacher Training University under notification number 4929.

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Journal: 

QABASAT

Issue Info: 
  • Year: 

    2025
  • Volume: 

    30
  • Issue: 

    115
  • Pages: 

    151-175
Measures: 
  • Citations: 

    0
  • Views: 

    23
  • Downloads: 

    0
Abstract: 

Anselm’s Argument, one of the oldest arguments for the existence of God, has often been rejected by Muslim philosophers. Their primary reason for this rejection is the confusion between primary essential predication (al-ḥaml al-awwalī al-dhātī) and common technical predication (al-ḥaml al al-shāyeʿ). The core of their objection is that no concept can generate its instance; in other words, the mere presence of a concept does not entail its actual existence. However, a closer examination of Anselm’s reasoning for the supposed entailment between "conceiving of the greatest being" and "his actual existence" may render this objection invalid. According to Anselm, the aforementioned principle has a unique exception—specifically, when existence is included within the very concept itself. Muslim philosophers neither critique Anselm’s justification for this exception nor engage directly with the content of his claim; rather, they simply merely deny Anselm's claim. Kant, on the other hand, addresses Anselm’s rationale for this exception. From Kant’s perspective, Anselm's exception lies in treating existence as a predicate that describes external objects—an idea that Kant explicitly rejects.

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Author(s): 

Safari Esfandiar

Journal: 

Issue Info: 
  • Year: 

    2024
  • Volume: 

    56
  • Issue: 

    1
  • Pages: 

    109-135
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

There is a difference of opinion in response to the question of the essential effect of the condition of financial act and the guarantee of its enforcement in case of breach. Some of the prominent contemporary authors hold opposing views with well-known jurisconsults and the apparent content of the provisions regarding the Iranian Civil Code. They believe that the condition of a financial act leads to the establishment of ownership in favor of the conditional beneficiary in the possession of the conditional obligor upon its establishment, similar to the consequential condition. Therefore, breaching the condition is not possible in such conditions of financial act. This opinion is referred to as the theory of "Obligation and Financial Rights of the Dhimmī” regarding the condition of the financial act, and scholars such as ʿAllāmih Ḥillī and Muḥaqiq Ţabāṭabāʾī Yazdī are also attributed to being advocates of the theory. To prove the correctness of the theory, references have been made to the interpretation of the two parties’ intentions, customary practice (zuq-i ʿurfī), and religions reasons for commitment and obligation. After elucidating the theory and mentioning its eightfold shortcomings, the present study will demonstrate that attributing the theory to the two aforementioned jurisconsults is invalid.

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Journal: 

FIQH

Issue Info: 
  • Year: 

    2025
  • Volume: 

    32
  • Issue: 

    2 (122)
  • Pages: 

    115-138
Measures: 
  • Citations: 

    0
  • Views: 

    12
  • Downloads: 

    0
Abstract: 

With advancements in science and technology, the use of large quantities of liquid—such as industrial containers for liquid dairy products, beverages, plant extracts, liquid cosmetics, detergents, etc. —has significantly increased. The transmission of impurity (najāsa) in such cases can lead to considerable economic losses. Therefore, answering the question of whether impurity spreads throughout added water (māʾ muḍāf) and large volumes of liquid upon contact with najāsa is of significant importance. This article, by presenting arguments for non-transmission, contends that the narrations on impurity transmission do not apply to large volumes of liquid due to the specific and limited nature of their subjects. Moreover, the narrations are primarily concerned with small quantities of liquid. Based on this, the non-transmission of impurity in large quantities of liquid is established. The principle of purity (qaʿidat al-ṭahāra) and its continuity (via istishāb) are also applied to affirm the purity of large volumes of liquid that come into contact with impurity. This study, conducted using a descriptive-analytical method and based on library research, concludes that impurity does not spread throughout large quantities of liquid, and such liquids remain pure.

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Journal: 

FIQH

Issue Info: 
  • Year: 

    2025
  • Volume: 

    32
  • Issue: 

    2 (122)
  • Pages: 

    33-61
Measures: 
  • Citations: 

    0
  • Views: 

    9
  • Downloads: 

    0
Abstract: 

Since ijtihad and the deduction of religious rulings are not possible for everyone, and acting based on precaution (ihtiyat) is often very difficult for ordinary people, the general practice among the devout is to follow a qualified jurist (marjaʿ) in religious rulings. On the other hand, the fatwas of jurists are sometimes expressed in specialized language and require clarification by a preacher or religious expert. In practice, it is observed that these religious experts or preachers may make mistakes in conveying rulings related to financial issues such as khums, zakat, and kaffarat, which can cause financial losses to the legally accountable individual (mukallaf). In some cases, these losses cannot be compensated, even though they result from the negligence, error, or sometimes intentional misstatement by the religious expert. This study, using a descriptive-analytical approach, aims to examine the civil liability of this group of religious preachers. According to jurisprudential and legal principles, if a preacher is negligent or at fault in misrepresenting religious rulings, and the inquirer acts upon this misstatement in good faith and suffers loss, the preacher cannot be exempted from liability based on the rule of ihsan (benevolence). Since the elements of civil liability are fulfilled, the preacher—based on the rules of tasbib (causation), ihtiram (respect for others’ rights), and la darar (no harm)—is responsible and obligated to compensate for the damage caused.

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