فهرست مطالب محمد مروارید

In all types of Shariah and customary contracts, such as rent, lease, etc., if the hirer or lawyer is not at fault, the Holy Sharia of Islam does not consider him to be a guarantor and places him in the position of a trustee, medical operations, if in the form of one of If contracts are made, there is a possibility that he will be a trustee and if he does not default, the guarantee will be removed from him. In Article 495 of the Islamic Penal Code, medical operations are dealt with in the same way and if there is no fault, it does not consider him as a guarantor. Although there is a difference among Shia jurists regarding the guarantee and non-guarantee of a doctor, but the famous jurists have agreed on the guarantee of a qualified and expert doctor.

This is a library-based and descriptive-analytical research, which is done by using jurisprudence and hadith texts, the law of the Islamic Republic of Iran, and the bylaws of private and government medical centers.

The jurists decided on two main views regarding the guarantee of the doctor's error; The guarantee of the doctor in any case in such a way that even the satisfaction and innocence of the patient does not relieve him from the guarantee. lack of doctor's guarantee, which itself has two types;First part: lack of doctor's guarantee in all cases.Second part: guarantee unless he has obtained a letter of acquittal from the patient.

The legitimacy of offensive jihad has been considered a necessary principle in ancient Islamic jurisprudence books. In Islamic jurisprudence, frequently, the purpose of the primary jihad is the conversion of infidels to Islam and it is referred to as the "jihad of invitation". However, the later Islamic jurists have presented two other theories and doubted the validity of the previous theory. Under the second theory, primary jihad is aimed at the geographical expansion of the Islamic state and the third theory declares that the prevention of endangering the security and stability of Muslims is the goal of primary jihad. The study of these three theories about primary jihad has become a key and influential issue with regard to many contemporary issues of the Islamic world. In this research, using valid historical data, we prove that the call to Islam cannot be the purpose of primary jihad, and this interpretation is not compatible with various evidences.

Jihad of Invitation is among the tree principal theories in the Primitive Jihad Philosophy which has cultivated the support of the majority of pioneer jurisprudents. According to this theory, the Primitive Jihad is considered a war pursuing the cause of disseminating and improving the ideology or religion aiming at inviting others to Islam which would be continued unless either pagans are killed or converted to Islam. Utilizing an analytic-descriptive method and by making a report from this theory with respect to its Qur’anic and traditional indications, the present paper is to authenticate the originality and the main reason for its transmitive issuance based on Shite and Sunni references. Likewise, the authors have criticized the adherence to obligation of fighting absoluteness and contend that basically, the Holy Prophet has not stated the fighting and war precepts and rules but rather he has warned that Muslims’ properties and souls must be safeguarded. Another section of this theory criticism deals with the tradition authority and its contradiction with other Qur’anic and traditional propositions assuming that it indicates the sought object

There are various philosophical treatments on probability theory. The most important question raised is that what interpretation(s) can be given about the concept of probability which plays the most basic part in the probability theory. Western philosophers have suggested different interpretations of this concept. Among Muslim thinkers Martyr Sayyed Muhammad Baqir Sadr offered an interpretation that can be called a “generic interpretation” of probability. It is commonly understood that any interpretation of this concept is adequate provided that it results in or at least is compatible with postulates of probability theory. The present article attempts to show extent to which Sadr’s interpretation is compatible with the postulates of probability theory. As it has been shown, there are some incompatibilities between generic interpretation and postulates of probability theory which, of course, can be removed in case of some modifications in Martyr Sadr’s view in this respect.