نشریه مطالعات تطبیقی فقه و اصول مذاهب
سال سوم شماره 1 (بهار و تابستان 1399)

The emergence and rapid spread of coronavirus disease and deal with the transfer of the provisions of health limitations, in particular to refrain from participation in society. On the other hand, the obligation to attend congregational prayers and collective rituals is a common occurrence among all Islamic religions. The question now is whether the widespread and rapid spread of coronary heart disease, given the different methods of transmission, can be a religious excuse for abandoning worship and collective rituals?

The present study, based on the description and analysis of the propositions of Islamic jurisprudence and the library method, has studied the present subject.

Infectious diseases have existed throughout human history and the need to maintain health and hygiene is one of the matters emphasized by the Shari'a. However, there is disagreement among experts about the acceptance of infectious diseases. From the religious point of view, there are general or special vacations whose focus is on relieving embarrassment and hardship. Accordingly, the proof of sharia leave is fixed for a person with coronary artery, but regarding the acceptance of the possibility of contracting the disease as leave, this disease can be accepted as a special leave and with jurisprudential rules such as: the need to relieve hardship or eliminate harm Also emphasizing the need to save lives as one of the necessities from the point of view of Sharia purposes, he accepted the existence of infectious diseases until the discovery of medicine as a special leave.

The articles on "usurpation" and "on the rule of usurpation" are among the articles of jurisprudential and legal planners. The apparent consideration of "usurping possessions" with "in the rule of usurpation" indicates the difference between the concept and the conformity of the rulings;However, it is obvious that some instances of usurpation, with emphasis on the jurisprudential rule of "al-usurpation and taking away the state of affairs", especially in government titles (Article 555 of the Penal Code) have a criminal and punitive description, if "in the ruling of usurpation" Some cases, such as being bound by a corrupt contract (Article 366 BC), do not have a criminal description; Conversely, refusing to refuse a trust to the owner (in the ruling of usurpation, Article 674 of the Penal Code) has a criminal description,but the usurpation of personal property has no criminal description.Therefore, by explaining the conflicts, it can not be said that the latter is in the first sentence, but they are institutions with conflicting concepts and sentences. On the other hand, the theory of "in the sentence of usurpation", although it seems strong, is not comprehensive and can not be a correct theory. As a result, it can be stated that the establishment of the institution "as a usurpation" is not relevant in Iranian jurisprudence and law. The researcher seeks to eliminate the heterogeneity in concept and multiplicity of examples by descriptive-analytical method of finding a solution and establishing the institution of "recourse to previous clearance seizures", which is a new institution. Provide strong through follow-up suggestions. 

The knowledge of the principles of Fiqh has undergone many and varied changes since its inception, and behind it, various structures have been presented to regulate its topics. These structures were simple and rudimentary in the early stages and became more complex over time as their problems spread. Lack of a single division, lack of observance in the balance of sections and chapters, failure to mention some important issues, parallelism, lack of relevance of the subsection to the chapter, ambiguity and conciseness are among the most important problems of the proposed structures. Accepted by most people; Coordinate with past arrangements as much as possible; Cover all topics; The appropriateness of the discussion with its place; Failure to mention extraneous issues; Logical and orderly arrangement; Lack of high complexity; Non-repetition; Avoiding distractions and distractions; Being the best is one of the most important coordinates of the desired structure. This article examines the most important structures proposed by Shiite fundamentalists for the knowledge of the principles of Fiqh through the method of descriptive-critical analytical research and library documents, and then designs the proposed arrangement based on the coordinates of the desired structure. This arrangement has seven parts: Introduction to the principles of Fiqh; Recognition of rulings; Determining the reason for inferring the rulings; The meaning of the arguments of the rulings; Complications of the evidence; rulings; Equilibrium and preference Obedience to the rulings.

This article is a descriptive-analytical method written with library tools. The findings of this study also show that from the point of view of Imami jurists,If the male offender is a female victim, the execution of the sentence is subject to the payment of a dieh. However, there are three theories among Sunni jurists, one on the practice of retribution without paying Fadhil Diyat, the other on the lack of retribution for men against women, and the payment of Diyat by female parents, and the third group believe in paying the difference in Diyat. Therefore, if a man kills a woman, the victim's family must pay the obligatory blood money to the killer (man) before retribution. But if the killer is a woman and the victim is a man, the family can apply for retribution without paying anything. There are three views in this regard: jurisprudence: a) payment of the difference between diyat b) non-payment of diyat c - non-retribution of men against women and only payment of diyat.

Virtual entertainment is a non-serious activity intended for entertainment and pastime that takes place in an unreal space or computer space. Virtual entertainment includes computer games and the Internet and Internet chats. In the present study, we concluded that computer games are generally permissible unless they are prohibited in jurisprudence, such as gambling, or cause harm and corruption in the individual. In the Internet and Internet chats (chatting) is also the first principle of obscenity unless it is used incorrectly. Therefore, recreational use of the Internet and communicating with others through the Internet (chatting) depends on how the tool is used, so if the Internet is us.Literally, entertainment is different from fun; Because entertainment is done in one's free time, and this is different from what was said in Leho's definition; Secondly, entertainment is an activity in which there is a rational purpose and it is done in leisure time for fun, so it is different from leisure in this respect. Despite this difference, jurists consider entertainment to be a category of entertainment. Also, in some narrations, entertainment is used as lahoo. It is also fun other than cancellation; Because entertainment is not a literal and void act, but, as we have said before, it should have a rational purpose. As with fun, it includes games and playing is an example of a game

The present study seeks to examine the necessity of "the subject of defining jurisprudential and principled titles" in the sense that whether the definition of titles such as purity, worship, prayer and prayer, etc. in jurisprudence and general and special and prohibition in the science of principles has practical effect. Is it And is it enough for theological fruit to deal with these issues? According to Sahib Kefayeh, the true definition of objects is not possible and the definition of jurisprudential and principled titles such as verbal definitions and description of names is necessary to address these definitions and respond to There were no problems, and even without these verbal definitions, we would have to deal with the issues of the rules of science, and distinguishing these titles from each other is not subject to their definition by scholars. Because the jurisprudential and principled titles are obvious to the audience, there is no need to define and the basic principle is not to put the practical fruit on the definition. Of course, in cases where the definition of the practical fruit is burdensome, the definition should be studied and ijtihad in the best way. Instead of addressing these issues under the pretext of the fruit of the seminary (which is not really the fruit of jurisprudence and principles) and the waste of time and opportunity, to address practical issues and issues appropriate to the time and place of today's society.

The issue of polygamy is one of the signature rulings that has been recognized in the Islamic legal system. The phenomenon of polygamy is one of the topics that has received a lot of attention from social thinkers in the last century. The purpose of the present study is to study the jurisprudence of the initial ruling on polygamy. For this purpose, first-hand jurisprudential sources were carefully reviewed. Findings were compared and analyzed by library and descriptive-analytical methods. And the following results were obtained: Although the principle of permitting polygamy is based on conclusive evidence agreed upon by all Islamic religions, but there is a serious question about the specificity of this ruling. Popular among the forerunners is the claim of consensus on the permissibility of polygamy and the acceptance of contentment with a woman in the principle of Shari'a apart from the status of individuals and different circumstances. Therefore, the ruling on polygamy in itself is abaha according to the Shari'a, and with the proposition of conditions, polygamy is recommended, disliked, and possibly forbidden.

Many false mystics have appeared for a long time and continue to do so today, and it continues with the two goals of "confronting the divine religions, especially Islam" and "filling the feeling of spiritual emptiness in the Western world." Because on the one hand, the tendency towards divine religions, especially Islam, is spreading in the world, and on the other hand, the Western world has reached a dead end and the feeling of spiritual emptiness has been revived in it, so to deal with it, the emergence of emerging antireligious mysticism It is said that one of them is "cosmic mysticism" or "ring mysticism" and it is necessary to study it from the perspective of Islam and the ruling of each of the tenants and promoters of ring mysticism, absorption and joining cosmic mysticism and publishing and preserving And studied its works from the perspective of the sects, which is addressed in the present article, and by contemplating the rules of jurisprudence accepted by each of the Shiites and Sunnis, it was proved that each of the attraction and tendency, ownership and promotion and publication. And preserving the works of mysticism is forbidden.

The present study, based on expressing the views and beliefs of the school of cosmic mysticism and criticizing and examining it from the perspective of jurisprudential rules and in a library manner, has dealt with the present issue.

The school of cosmic mysticism or ring mysticism was established in Iran in the eighties, and for this reason, its jurisprudential study has not been much discussed and requires the ruling of each of the preservation and publication of works and attraction to such a school and also It should be argued that holding and promoting the school of cosmic mysticism is forbidden due to the sanctity of heresy and legislation and the rule of denying the mustache, and being absorbed and joining the mysticism of the circle is also forbidden and three reasons: The correct beliefs and reasons for the need to acquire the right behaviors, show its sanctity. Just as the rule of sanctity forbids the preservation of errant books, any preservation, publication and study of the works of cosmic mysticism is forbidden