نشریه فقه و اجتهاد
پیاپی 8 (پاییز و زمستان 1396)

Referring to the Islamic Sources, jurists have categorized sins into two main groups: minor sins and major sins. This division has different jurisprudential and moral consequences. Therefore, it is necessary to analyze the nature of sins and to determine the criteria for identifying them. With an analytical-critical study of the related Qur’anic verses and hadiths, this article examines the issue. The main approach is to determine whether this categorization is absolute or relative. The results of this study show that there are four criteria for a sin to be identified as a major one: 1. Explicit mention of its magnitude in hadiths; 2. A warning of Hell fire to the perpetrator of it in the Quranic verses and hadiths; 3. To be considered greater than another major sin; 4. To be considered greater than another sin which is warned about of Hell fire.

Performing taqlid (the unquestioning acceptance of legal decisions without knowing the basis of those decisions) of a female mujtahid is an issue of growing attention in the academic world. Utilizing the analytical-critical method, this article examines the Shari'a ruling on making taqlid of women and the authority of their fatwas. The results of this study show that none of the evidences proposed against the issue, including the argument of the madhāq-i shari‘at (religious law taste or perceptive aptitude), is sufficient to refute the authority of a woman's fatwa. On the other hand, the arguments concerning the legitimacy of taqlid do not include women's fatwas. As a result, the fatwa of a female mujtahid is not authoritative but for herself.

Citation to the Quranic verses is the most valid way to prove a claim in Islamic sciences, including jurisprudence. But how did Ahl al-Bayt (pbuth) cite to the Qur’an in jurisprudential issues is a subject which has received less attention. This article deals with this issue by examining the narrations in which the pure Imams (pbuth) have cited verses to express the ruling of al-amr bi-l-maʿrūf wa-n-nahy ʿani-l-munkar (Enjoining what is right and forbidding what is wrong). The result of this research shows that reliance on the exoteric meaning of the Qur’an is not only authentic but also it has been relied upon by the Ahl al-Bayt (pbuth) as scholars and teachers to explain the rules of enjoining the good and forbidding the evil, and the approach of the Ahl al-Bayt (pbuth) in interpreting the text is to apply.

Gender reassignment of parents or children and its effect on the issue of inheritance is a new subject discussed in jurisprudence. With significant advances in surgery, gender reassignment has been possible in all countries. In the meantime, due to the relatively large number of such people in Iran and the legal vacuum regarding them, some issues is raised in jurisprudence and law, including the share of gender reassigned children inherited from their parents, as well as the share of gender reassigned parents inherited from their children. Utilizing library sources, this article examines the views of all contemporary Shiite jurists. The results of this study show that the criterion for children's inheritance is their current gender, but for parents' inheritance there are some possibilities, the most probable one is that the inheritance relationship between parents and children is not cut off; and the amount of the share of inheritance is calculated according to their gender in the time of fertilization.

According to Shia jurisprudence a judge or a witness in the court should have some qualifications, one of which is to be legitimately born. Earlier scholars expressed this condition as to not be illegitimately born, while some later ones as to be legitimate. This difference leaves some jurisprudential consequences especially when it is not clear whether one is legitimately born or not. This article examines this issue by examining the hadiths and other evidences presented by jurists. The result of the study shows that according to the sound hadiths, for a witness to bear testimony in the court it is necessary not to be illegitimately born but for a judge neither this condition nor being legitimately born is necessary.

“Corruption on earth” is a jurisprudential issue occurring since the time of the Infallible Imams (pbuth) and therefore, is reflected in the Shiite narrations and jurisprudence when discussing the rulings concerning related subjects as the addict to murder of Dhimmis or Slaves, mohtals, sorcerers, etc. With a descriptive-analytical study of library and computer-based resources, this article examines the narrations and examples presented in the Qur’an and the words of the Shia jurists. The results show that the corruption on earth can be defined as any action that disrupts the orderliness and security of the society and its moral, social, and economical health and therefore, causes the destruction of it.