فصلنامه فقه و تاریخ تمدن
سال دهم شماره 39 (بهار 1393)

Regarding the recent developments in the society requiring women’s presence in the work field, it is essential and inevitable to find out about the issue from the view point of religious teachings and "fiqh". The main question is whether the Quran or "Riwayat"(religious narrations) have justified women’s employment. What are the for-and-against aspects of the argumentation? First of all, the results of the surveillance, based on the holy verses, suggest no vivid indication of the prohibition of women’s employment. Secondly, there is evidence that many women were involved in social tasks at the time of Prophet Muhammad (peace be upon him) and he did not forbid them to do so. Thirdly, as inferred from Riwayat (religious narrations) and stated by "fuqaha" (Islamic scholars), under the circumstances of necessity as well as the preservation of virtue, there is no prohibition involved.

Poem is a literary speech which contains rhythm and rhyme to express or reflect the feelings and imagination of the poet. As for the historical background, it is said that the first poem was composed by Adam (s.a.) for his murdered son Abel, when he received the news from Abel’s brother. The art of poetry was used by the prophets in their courses of pedagogy. Upon the emergence of Islam in the Arabic peninsula, it was pretty much valued and prized among the nomad people of that era and that rudimentary society to the extent that some narrators attribute it to the reveal of the verse, "shuarra" (poets). Among the companion of the holy prophet were some poets who were greatly honored and respected by him (pbuh); so, it can be claimed that the first person who rewarded poets was the holy prophet (pbuh) himself. Having been inspired by the issue of succession after the prophet’s death, poet companions started showing their dissention about the caliphate by composing poems. A poem by umer-o-aas was strongly replied by Noeman-bin-ajelan favoring Imam Ali (s.a.) to be rightfully the caliphate. History shows that the imams have been in constant contact with the virtuous poets and prized them in different ways. Later on, this tradition has been carried on by the great scholars and narrators by using poetry in their islamic works.

In his last trip to Mecca and his participation in one of the most important Muslims’ communities (Haj), prophet Muhammad (p.b.u.h.) was to complement his mission by appointing his successor for the sake of the religion perfection as well as the completion of God’s blessings. But soon, because of the tumult in Saqifa, the prophet’s testament was forgotten and the course of events marked an unhappy ending for the Ghadir. Destined events of this period, from the gathering in Ghadir to a meeting in Saqifah, have dramatically affected the early history of Islam. So, it is of crucial importance to scrutinize the matter and develop a subtle analysis of the events in the last three months of the prophet’s lifespan in order to have a better understanding of the political and religious movements in process at that time. This article aims at looking at the matter by drawing on important sources, namely the narratives contained in two historians’ books: Yaqobi’s and Tabari’s. It is also intended to analyze the developments and changes arising from the events from Ghadir to Saqifah. Finally, intending to analyze the issue in terms of succession, this study takes the approach and tries to prove that it was the Qoraish overambitious leaders’ plot at Saqifah council, as well as time limitation, that led to the unfruitful realization of the prophet recommendations in relation to the appointment of a praiseworthy successor.

The study of physical properties of Mashhad’s old texture shows an evolutionary trend during all historical eras. Yet, the change has been more significant during the Timurid, Safavid and contemporary eras. The present study seeks to study the impacts of city planning during the Safavid period (Isfahan School) on the architecture in Timurid period and reveals the evolutionary trend for Mashhad’s physical and massive architectural and city planning properties in terms of the structural change of the texture from Timurid bazaar to Safavid street. The is a historical-analytical study for which the required data were collected through library and documentary research. The results for the two city planning trends show that city planning in Safavid era (Isfahan School), with its street (Bala Khiaban and Paeen Khiaban) and square (Atiq Courtyard) components, has led to the development and prosperity of Mashhad’s old texture, not via the reconstruction programs in Timurid era, but through making a new city complex adjacent to the old texture so that the transforming mass has been scattered over the texture leading to the simultaneous creation of bazaar and street in the urban texture. Also, the new structure has affected the inhabitants’ identity and the resulting zoning has led to the physical embodiment of “Down” and “Up” regions at the sides of the holy shrine. The identity of these regions is different from the Timurid era and the era before in terms of social values. Also, the constructed street during the Safavid period has been coalesced into the new structure of the city, paving the road for future developments.

One of the most important issues in the international law of Commerce is selecting a proper, rapid and accurate method to secure the financial sources for payment of commodity prices. In the field of international transactions, there are different methods for payment. The most important of them are payment in advance, payment on open account, collection method including clean collection and documentary collection, and documentary credit. The effectiveness of each of these international methods of payment in lessening the risk is to be considered in regard to existing dangers in the international scene, such as export and import restrictions by states, fluctuations of equality rates from the date of conclusion of contract until the date of price payment. Using the documentary credit as a flexible method can best guarantee the rights of parties in the international transactions and create a favorable balance between economic benefits of exporters and importers by reducing different contractual risks. A review of the keymethod in foreign trade transaction forms the original structure of this article.

Iran is a young country consisting of a large population of teenagers and youth. To meet the legal requirements of this population, we need to define a new legal system in harmony with the international laws. The goal of creating such legal system is to predict child treatment in all stages of criminal measurements including the discovery of crime and implementation of laws which should fit the sensitive and vulnerable personality of a child. The variables and nonvariables which are the main components forming the child criminal policy in this system ,in comparison with the western legal system,will provide the judges the authorization to issue a penalty in accordance with the conditions of time, place of offense and the mental, moral and physical characteristics of the child. Elaborating on the rationale of child criminal punishment, this article will try to take into account the immunity of the child in some criminal offenses and provide alternative retributions instead of imprisonment.