مجله مطالعات فقه امامیه
پیاپی 13 (پاییز و زمستان 1398)

The scientific and technical development of human societies presents them with new needs and challenges every day, and these emerging phenomena require the Islamic Shri'ah to work out and offer appropriate rules and methods in dealing with them. On the other hand, many of these temporal and spatial changes are not encompassed by arguments associated with the primary and secondary rules. The only way to deal with those changes and phenomena are the rules and injunctions issued by a just ruler, who embarks on enforcing the necessary laws and regulations according to binding interests. Since the effect of governmental rules and decree on maintaining law and order and organizing the needs of society is very important, it is necessary for people to be aware of those laws. The present article deals with this important issue and explains the nature of a governmental decree, its types and the proofs of its validity as well as its difference from the primary actual ruling, secondary and apparent order, and its difference from the order revealed to the intellect through certainty about the binding interest that is devoid of any corruption. Also, this study makes an effort to explain the difference between governmental decree and common good and the purpose of Shari'ah (maqāsid al-shari'ah) emphasizing on the fact that the way to attaining the purposes of the Shari'a through the channel of Istihsan (preference), analogy and common interests is blocked.

The Islamic jurisprudence acknowledges that the minors are not held responsible for criminal conducts and felonies but, at the same time, it does not neglect the importance of disciplining them to mend their character and behavior.  However, criminal responsibility comes upon attaining the age of puberty which, based on the widely-held opinions, occurs at the completion of nine lunar years. It is the age of puberty which is also recognized as the age of criminal responsibility by the legislature. The feasibility of adhering to this progressive principle has raised some questions. Therefore, some jurists have tried to explain the popular opinion and modify it by somehow increasing the age of puberty of girls and the age of their criminal responsibility or even removing the age criterion to prove puberty. This article seeks to explain, analytically and descriptively, the criteria of girls' criminal responsibility according Imami jurists and the relevant laws.

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Gender reassignment is one of the current legal issues about which there are different opinions.  The issue of gender reassignment is the problem of people who are known as transgender people, and gender reassignment is seen as a way to treat them.  To find out the legal ruling of gender reassignment, we need to understand the nature of gender reassignment and transsexuals according to modern science. Then it is necessary to examine the ruling concernign the same subject-matter. In this paper it has been determined, by examining thGender reassignment is one of the current legal issues about which there are different opinions.  The issue of gender reassignment is the problem of people who are known as transgender people, and gender reassignment is seen as a way to treat them.  To find out the legal ruling of gender reassignment, we need to understand the nature of gender reassignment and transsexuals according to modern science. Then it is necessary to examine the ruling concernign the same subject-matter. In this paper it has been determined, by examining the various dimensions of this issue, that gender reassignment as a medical term differs from the conventional meaning that exists in people's minds.  In other words, what doctors do for voluntary applicants in terms gender reassignment is different from what is generally perceived by people? But sometimes these two meanings are confused which result in misinterpretation of the legal ruling. Relying on textual and rational evidence, this study proves the prohibition of the gender reassignment surgery according to Shari'ah.e various dimensions of this issue, that gender reassignment as a medical term differs from the conventional meaning that exists in people's minds.  In other words, what doctors do for voluntary applicants in terms gender reassignment is different from what is generally perceived by people? But sometimes these two meanings are confused which result in misinterpretation of the legal ruling. Relying on textual and rational evidence, this study proves the prohibition of the gender reassignment surgery according to Shari'ah.

Mines are one of the most important and effective factors in the prosperity and sustainability of the economy in various aspects such as the supply of raw materials for various industries, energy production and employment.  Recognition of mines, both thematically and in terms of judgments, plays an important role in the community's reference to economic activity in mining, the exploration of mines, and the impact of mines on society's economy. For this reason, conducting research in order to know the subject and the rules of mining is very necessary. The present study has been conducted on the subject titled "nature and ownership of mines in Imami jurisprudence" to achieve this important end. This research has been carried out for developmental-applied purposes and with descriptive-analytical-comparative research method and has achieved the following results Second, the mines on the lands are the property of Imam (as), and the mines on public lands are permissible for all people, while the mines on the private property belong to the owner of the land. As for the mines which are conventionally deep down are permissible for all people, but the mines which are unconventionally deep in the land are also the property of the Imam (as).

There are four major opinions about woman's representation and deputyship for divorce. According to a widely-held view, it is permissible for a woman to act as a proxy or representative for another person. Thus, it is also permissible, according to jurist, for a woman to represent another person to divorce a woman because, first, divorce is an act that can be carried out through representation. Second, woman is also a perfect human and can undertake to recite the formula of divorce as a representative. Just as she can represent another person in contracts and unilateral transaction, she can also act as a proxy to divorce. When it comes to a wife's representation to divorce herself on behalf of her husband, there are three opinions among Shiite jurists.  Most of the jurists are of the view that it is permissible. On the contrary, according to a less popular view, she cannot represent her husband to divorce herself on behalf of her husband.  And a third group of jurists have abstained from giving their opinion.

A non-Muslim is said to be someone who does not believe in the truthfulness of Islam and clearly defined teachings. A question that usually comes to one's mind is whether or not it is permissible to help a non-Muslim individual. This article seeks to address this question in detail. According to Islamic jurisprudence, helping and protection, endowment (waqf) for non-Muslims, making a will, obligatory and recommended charity and payment from the portion of the people whose hearts may get inclined to Islam are permissible and they can be paid ton non-belligerent and fitri apostates. If a Muslim's life and well-being are at risk, it is permissible to help and save him and this ruling originates in the time of the Prophet of Islam and the following eras.