The Role of Repentance in Extinguishment of Hudud
Habibollah
Taheri
دانشیار دانشکده فقه و فلسفه، پردیس قم، دانشگاه تهران
author
text
article
2010
per
According to the free will principle, man is responsible for his actions and will be punished accordingly. Therefore, acting against the law of shari’a in Islam leads to punishment and in Islamic jurisprudence there are prefixed punishments for many crimes called “hadd”. But there are some elements like repentance that extinguish “hadd”, so that the criminal will be forgiven and excused. Concentrating in verses of Quran and ahadith and also comments of jurists, it turns that the repentance is a reason of extinguishment of punishments, in order that muslim jurists approve that repentance, before demonstrating the crime by confess or testimony, when the crime is of that kind that breaches God’s right, leads to extinguishment of punishment. Here, we study the repentance and its role in extinguishment of hudud.
Religious Researches
University of Tehran
2008-8388
6
v.
2
no.
2010
5
27
https://jorr.ut.ac.ir/article_24110_fc3c4145c75620c139f1754b3f61c5b3.pdf
Restudying the Provisions of Apostasy form the Viewpoint of Imami Fiqh
Ali
Asgari
استادیار دانشگاه پیام نور مازندران واحد بهشهر
author
text
article
2010
per
Misgiving people about religious beliefs sometimes drives Muslims to become apostate. Apostasy has many meanings, one of the most known is “refusal of Islam”.
According to a famous saying of prophet (kill anyone who changes his religion), some jurists believe that all the apostates must be killed, but we demonstrate that there are different kinds of apostasy with different punishments. Also we prove that the punishment of male fitri apostate (one who was born of Muslim parents, or at least one parent, and then rejects Islam) is death, but in case of repentance, will be released. However a female apostate, in the case of rejecting the penitence, will be imprisoned until regretting and repenting. In addition, in this essay, we will study the causes of apostasy and its important consequences on the human’s destiny.
Religious Researches
University of Tehran
2008-8388
6
v.
2
no.
2010
29
52
https://jorr.ut.ac.ir/article_24111_cbeecb88fe39f767629c6307373ecd4c.pdf
Fiqh and Government
Seyed Mohammad
Shafiei Mazandarani
استادیار دانشگاه آزاد اسلامی واحد قم
author
text
article
2010
per
Islamic fiqh especially Imami fiqh, contains subjects that their application need a powerful government and a ruler that must be aware of divine teachings. Accordingly, it should be noted that there is a strong connection between the fiqh of Islam and the issue of government. Here, we study some expressions of this connection, including:
a) Review of fiqhi texts to make the connection of fiqh and government clear
b) The lifestyle of prophet (s?ra al-nabawi) and his operation about Islamic government
c) The lifestyle of prophet and Imams and their actions and also viewpoints of religious experts about government and the necessity of its establishment in society
In this essay, we demonstrate that it is not possible to separate fiqh and politics, so we conclude that: our religiousness is just our exercise of politics, in this way religion and governing piously are two sides of the same coin.
Religious Researches
University of Tehran
2008-8388
6
v.
2
no.
2010
53
83
https://jorr.ut.ac.ir/article_24112_277e9bad0d713e77d3ef9250c6e76ffb.pdf
The Commandment of Assignment of “Bismillahir-Rahmanir-Rahim” as a Component of Suratul-Fatihah (The Opener) in Fiqh
Seyed Eshaq
Hoseiny Kuhsari
استادیار دانشکده فقه و فلسفه، پردیس قم دانشگاه تهران
author
text
article
2010
per
Knowing that Suratul-Fatihah, is the opener of Salat (daily prayers), and is repeated 10 times at least, in daily prayers, the fiqhi commandment of assignment of “Bismillahir-Rahmanir-Rahim” as a component of Suratul-Fatihah, is a functional and useful discussion. In this regard, we have to search to know if it has been part of prophet’s tradition or not and its denial is Ijtihad against Nass (verified text) or just a simple Ijtihad.
Referring to the history of discussion and expressing theories with “eleven arguments”, we will conclude that the prophet in all his prayers, seriously considered it as a part of prayer, and his companions approved that. Also Khalifas did so and there are more evidences of early Islam, confirmed this procedure. according to Ahadith of prophet and imams, there is a consensus of opinions among Shi’a Imami Muslims in this regard.
In the last part of the essay we will review and criticize “four reasons” of deniers of this assignment, and then we will conclude.
Religious Researches
University of Tehran
2008-8388
6
v.
2
no.
2010
85
106
https://jorr.ut.ac.ir/article_24113_3bd718b85cde72976189e31b3d855267.pdf
A Research in Bribery and its Commandment in Fiqh
Seyed Ahmad
MirHoseini Niri
استادیار دانشکده فقه و فلسفه، پردیس قم، دانشگاه تهران
author
text
article
2010
per
In Islamic jurisprudence and law, right possession comes from trades such as Ijara, Jualla, Sulh, Hiba, and Irth and etc. accordingly, if someone gives money to others to judge in his favor, or expects grantee to express something wrong as a right, or unlawfully prefer endower to the others, has done something wrong that is not a right reason of possession. Stating the difference between bribe and gift in this essay and the fact that some claimed gifts are bribe in nature, we will review the arguments of prohibition of bribery, invoking Quran and tradition of Prophet and Imams with studying an early Islam case.
Religious Researches
University of Tehran
2008-8388
6
v.
2
no.
2010
107
119
https://jorr.ut.ac.ir/article_24114_3b2442671dc0c62e7e7f0f2b5ca0a012.pdf
Universalization of Commandment by Discovering the Reason in the View of Imam Khomeini
Mohammad
Yazdani
دانشجوی دکتری دانشگاه فردوسی مشهد
author
Hossein
Saberi
دانشیار دانشگاه فردوسی مشهد
author
text
article
2010
per
One of the important discussions in Islamic Fiqh and Usul (jurisprudence), is the issue of going farther verified religious text (Nass), as well as the ways of discovering the reason of a commandment. It seems that this subject has not yet reached its proper place in Shi’i Fiqh. While Imami jurists use some methods to go farther the commandment of the Nass, including one named “discovering the basis of commandment” or Tanghihe manaat, Sunni jurists apply different ones to reach the same goal. Considering the vague definitions of these concepts, studying some cases of universalization of commandment by jurists, would be helpful to understand what they exactly meant. In this essay we try to discuss some examples in the works of Imam Khomeini, getting more familiar with his opinions in Fiqh.
Religious Researches
University of Tehran
2008-8388
6
v.
2
no.
2010
121
146
https://jorr.ut.ac.ir/article_24115_1a0ab1f23588e57641f655ac0521d413.pdf
Jurisprudential Commitments of Government and People in Operation of Islamic Hijab
Ali
Rahmani Sabzevari
مدرس حوزه علمیه قم
author
text
article
2010
per
There is no doubt that just a healthy and balanced society could reach intellectual, technical, political and moral developments. There are some important and effective elements that wellbeing of society refers to them. No doubt that one of them is Islamic Hijab. Accordingly, Fiqh of Islam insists on operation of Hijab and we try to demonstrate that Islamic Hijab is not a personal or unimportant issue. Also we express the necessity of operation of Hijab for wellbeing of society. Reaching this goal needs the help of people and government. There are five reasons that make this effort as necessary.
Religious Researches
University of Tehran
2008-8388
6
v.
2
no.
2010
147
173
https://jorr.ut.ac.ir/article_24116_014918efaadb2cc136bf50d64505ca8f.pdf