مجله پژوهش های فقهی
سال نوزدهم شماره 4 (زمستان 1402)

The provision «´Alal-Mu’mini» has been used only in one of quotes of the no-harm narration. So far, no comprehensive and independent analysis has been conducted on the existence and absence of the «´Alal-Mu’mini» provision in this narration and its effect on inferring its jurisprudential issues. The present article intends to do this and the main question arises here as to what is the jurisprudential effect of the existence or absence of the «´Alal-Mu’mini» provision in the content of the no-harm narration? The answer of this main question and its related sub-questions requires examining the existence or absence of the «´Alal-Mu’mini» provision in this narration in order to determine the jurisprudential effect of the existence or absence of the «´Alal-Mu’mini» provision in relation to inferring its jurisprudential issues. The present study has examined the issue through analytical-documentary method and it has come to the conclusion that the existence and absence of the «´Alal-Mu’mini» provision in the content of this narration - contrary to prevailing perception - has no effect on the inference of its jurisprudential issues.

Social deprivation is a punishment which is predicted for the guilty with the purpose of reforming and resocialization. This structure is anticipated in two forms (independent sentence and subordinate sentence). In this punishment legislator prevent perpetrator from being in the criminal environment with the concentration of the perpetrator ability through deprivation of social rights, and decrease the  possibility of recidivism, however, using   the wide range  of  the social rights deprivation leads to  be doubted and objected  it’s efficiency in various aspects Therefore,  the direct function of law enforcement with the exalted position of law- maker in the public opinion caused this following article  use descriptive and analytical methods in order to present a report for  the influential of  this deprivation sentence also, this  article has  examined  the way for  using  this sentence and studied both defendants and  opponents point of view about  this matter. Results show that deprivation punishment is effective and practical in origin, however, the reason of the objection in this form of punishment returns in binary attitude which is performed by legislator in different forms. Hence, law- maker needs to reform and review this problem.

Releasing the picture of the accused during the preliminary investigation stage of the crime, according to articles 91 and 96 of the Criminal Procedure Code approved in 2012, is subject to criminal liability, in some cases it can also conform to the jurisprudentially unlawful titles. On the other hand, to fulfill the function of informing, the media needs to take pictures of the accused in the preliminary investigation stage of the crime and since it is legally and judicially forbidden to release the pictures, they pixelate and then release the picture of the accused. Therefore, this research investigated in the first step, the effect of blurring the face of the accused in recognizing their identity in the news reports of the 18.30 national media in the period of 1400-1401. In the next step, using the documentary-library method, the feasibility of application of the title of backbiting in the release of these pictures was investigated. The results of the statistical analysis showed that blurring the picture of the accused has no effect on not identifying their identity in the news reports. As a result, the release of these pictures results to revealing the attributive deficiencies of the accused to be revealed. If it is so, then it will be an instance of backbiting, if not, the sentence of accusation will follow.

The conversation between men and women and listening to alien voices is one of the requirements of today's society. Different opinions have been stated by earlier and later Islamic jurists on the designation of its limits and rules. These opinions are based on narrations and sometimes phrases considered as tradition. Therefore, it seems necessary to examine the authenticity and validation of their documents and implication, because there are some baseless statements among the famous ones which are also called hadith-like phrases. Among these rulings is the issue of prohibition of a woman speaking in the presence of aliens, which has been extracted by jurists from the phrase " Ṣaut al-Mar`ah 'Aurah". This research, which has been organized with a library method and an analytical-critical approach, tries to criticize and evaluate the validity of the opinions of jurists. The absence of the phrase in the ancient narrative sources, its citation with the passive verb (ruvīa), and its rejection by a group of jurists are among evidences that make the authenticity of this narration a serious problem; The oldest available source in which this hadith-like narration is found is Allamah Hilli's Al-Masā`il Al-Muhannā`iyyah Al-ūlā. It is possible that Allamah brought this interpretation from the ruling of some jurists or his interpretation of the narration of "Al-Mar`ah 'Aurah" has been generalized to all aspects and dimensions of woman including her voice. The existence of some hadiths and verses that contradict this concept and the conduct of the Ahl al-Bayt also cast doubts about this prohibition.

Cosmetic surgery is one of the new social phenomena. For this reason, there is no trace of this matter in the earlier jurisprudential books. In recent years, both Shi'a and Sunni scholars of jurisprudence have investigated this issue. Most of Sunni jurists have considered this surgery forbidden and to prove their claim, they have cited evidence such as the forbiddence of altering God's creation and traditions prohibiting such surgery. In contrast, most of Imamiyyah jurists have not accepted the above-mentioned reasons and relying on reasons such as the unconditional verses and traditions praising beauty and beautification, the rule of self-dominance, and the principle of innocence, they have considered it permissible. This article uses a descriptive-analytical method and library sources. After examining the reasons of both groups, it was concluded that the reasons of forbiddence are not complete and the reasons of permission are correct.

Today's money, paper money and bills, has a credit value, which takes its credit from the government and represents a certain purchasing power. In the current situation, due to the annual increase in inflation rate, the issue of the guarantee due to the devaluation of the value of money is very controversial. Different opinions have been presented by the jurists regarding the possibility of reimbursing the value of money. One of the issues in which the matter of reimbursing the value of money may be raised is the guarantee to indemnify. Some of the jurists consider that the seller is obliged to reimburse the value of the price (money) due to his responsibility in returning the price and compensating for the ignorant customer. This article uses a descriptive – analytical method. The approach of this article is based on the impossibility of demanding a decrease in the value of money, in the absence of an explicit and implicit condition within the contract regarding the issue of guarantee to indemnify, in order not to prove the fault of the seller.