نشریه قرآن، فقه و حقوق اسلامی
پیاپی 10 (بهار و تابستان 1398)

Today, compensatory justice is one of the main models in the criminal sciences. Compensatory justice, instead of punishment, seeks to compensate for the damages sustained by the victim and to reconstruct the relationship of the criminal with the victim and the local society through informal methods. An important theory in this approach is the theory of “readmitting shaming”. It is based on the distinction made between labeling shame and readmitting shame. Comparing this theory with the surah Yusuf, one can say that the surah makes an exact comparison between the labeling shame against the wife of Aziz of Egypt and its criminal effects and Hadrat Yusuf’s making his brothers shamed. According to this theory, the right way to solve the criminal problems through indirect encountering of his brothers with the effects and consequences of their behavior and nullifying the techniques of justification of the crime leads to their real apologizing and remedial relation among them, the victims, their family, and the local society. The Surah Yusuf not only contains the elements of the above-mentioned theory, but also teaches lessons like “shaming some victims” and “not determining the identity of the criminal and the victim.”

The Holy Quran is the primary source of deducing the rules. For the same reason, it has special importance. There are only two verses on the Holy Quran about the blood money; one of them relates to the blood money for intentional murder and the other relates to the blood money for murder by error. These two verses have not been considered widely by the jurists, and the first verse, due to its general ambiguity, is absent from the jurisprudential discussions. The second verse also is regarded as an exceptional rule and it is somehow logically unanalyzable. After reviewing the two previously mentioned verses, the present text concludes that not only they are understandable, but also they can be used as the bases and references for the interpretation of the blood money verses.

Breastfeeding a child is usually done by the mother or another woman (wet nurse). Breastfeeding is referred to in several verses in the Holy Quran. The most important one that explains the rules of breastfeeding is the verse 233 of the sura Al-Baqarah. The verse explains the rules pertaining to the mother, father, infant, wet nurse, and the paternal heir. It refers specifically to the married as well as divorced women. The verse does not implicate the obligation of breastfeeding in an assumed obligatory case other than the mother and the father. Determining the period of two years in the holy verse is the subject of determining the limits (hadd) of the recommendatory rule of breast feeding (riza̔), determining the limits of the mother’s right for breast feeding, determining the limits of wage for the mother’s breast feeding, and determining the limits of breast feeding that makes a marriage unlawful.

The study of the subject of cutting the trees of the Jewish Arab tribe of Bani Nasir in the fifth verse of the surah Al-Hashr is a controversial matter in the area of jurisprudence and interpretation. Some people, relying on the appearance of the aforementioned verse, casted doubts on “confirming the oppression in the Holy Quran”. The jurists and the exegetes, understanding the doubt, have proposed different analyses about that. The present article, using a content descriptive-analytical method, tries to review the different views of the scholars about cutting the trees of the Jewish Arab tribe of Bani Nasir. The results show that the jurisprudential matter of cutting the trees in the fifth verse of the surah Al-Hashr is “property jihad” which is allowed by both the reason and the Divine Law; therefore, the real controversy in this matter between the necessity to preserve the property and the necessity of jihad is to abase the evildoers. Since jihad guarantees the human life, it precedes the preservation of the property. In addition, the analysis of some jurists that everything on which the preservation of Islam stands is lawful is against the absoluteness of the verses on the unlawfulness of oppression and outrage, is considered corruption, and is not accepted.

Due to the fact that the spatial privacy, as a manifestation of privacy, is more related to the mental security of the people and its breach has wider and deeper damages, it is more important than other categories. The right to spatial privacy is based on different principles and evidences. Since the Quranic principles have a higher certainty of sanad and ranking among the chain of evidences, it is required that the situation of the right to spatial privacy is reviewed within two groups of Quranic evidences. Is the right to spatial privacy supported in the Quranic verses? If yes, then how it is implicated and limited? It seems that several verses imply, both generally and specifically, this right. First group are the evidences that generally imply the unlawfulness of breaching privacy including spatial privacy. The second group are the verses that specifically refer to the existence of spatial privacy and unlawfulness of its breaching. The complete support of the evidences in both groups depends on the generality and the wide-coverage of unlawfulness of breaching the right including all private places, breaching persons, whether governmental or non-governmental, the methods of breaching, whether directly or indirectly, the case of investigation, the situation of the citizens, the way of entering and so forth. The present text aims at critical reviewing of the implications of the previously mentioned verses and interpretation pathology, as well as paying attention to several life styles related to the spatial privacy and reviews the related verses.

In several readings quoted on the Holy Quran, a number of Quranic words are seen in different forms such that the rulings understood from the Holy Quran differ from one reading to another. This has raised the issue of authority or non-authority of readings. Ayatollah Al-'Ozma Fazel Lankarani believes that the successive transmission or the lack of it is the basis for the authority or non-authority of the reliance of a rule of law on the readings. The present article explains his views and arguments about the lack of successive transmission of the readings. Finally, using totally his views and adding the views of the readers of the Holy Quran - that there should not be any disagreement among readings - to his view - that the Quranic nature of every word depends on the successive transmission and it has no role in removing the controversy of the contents of the readings but correcting the sanad -, it is concluded that given the controversy in any case, it is necessary to exercise the rules of controversy on the readings and there remains no room for claiming the authority of the readings and the permission for the reliance of the rule of law on them.