نشریه مطالعات تطبیقی فقه و اصول مذاهب
سال چهارم شماره 1 (بهار و تابستان 1400)

A prominent, well-known scholar in science and piety, Mullah Khalil Siirti has more than forty works in intellectual and transmitted science. His publications are characterized mainly by sincerity, sacrifice, coherence, and scientific firmness, which he has pursued to serve his religion, fellowmen, and land. Scientifically, his works indicate his extensive knowledge, prosperity, and rigor in the area of jurisprudence. The present research seeks to cast light on the scientific position of this erudite scholar in this area of science and his methods of application of different branches of science to be able to adopt accurate juridical attitudes, correct judgments, and profound perspectives with regard to issues in Islamic jurisprudence. For this purpose, his views and thoughts are extracted from his book Mahsul al-Mawahib al-Ahdiyah fi al-Khasais wa al-Shamail al-Ahmadiyah, recently authored to enumerate the Islamic Prophet’s (PBUH) virtues and merit. It should be noted that Siirti’s mastery over different branches of science has led him to address a range of issues from various disciplines in his statement of scientific points in the book. Another significant aspect of the book involves the expression of views on different topics based on jurisprudence, included here and there to further the reader’s benefit and indicate the high position of Islamic law and jurisprudence. The present descriptive-analytical research seeks to reveal Sheikh Siirti’s position in jurisprudence. For that purpose, discussion is made along three lines: his preferences in application of jurisprudence to different areas, his methods of assessment and criticism of the perspectives in jurisprudence, and his collection of contrastive religious text referred to on the Prophet’s practices with scientific aspects and jurisprudence approaches. Furthermore, his attitudes toward and precise accounts of different issues concerning jurisprudence are addressed here to clarify his position in the presentation of the principles of jurisprudence and fundamental issues therein.

The relationship of the general and absolute is one of the issues that there is a lot of disagreement among the Scholars of Islamic jurisprudence. they agree unanimously that the general implies assignationally inclusion; But in relation to absolute assignated there is different opinions. Sunni and shia scholars believe that the absolute is due to the assignation; but the later Shia scholars recognize that the term is not the case. The former is becoming two groups. Some scholars have introduced the absolute assigned an indefinite word in the manner of proof and others have introduced it a quiddity without a condition and they who do not consider it due to assignation believe that the term indicate nature; Without an absolute be a restriction to an assignated, But they have disagreed on the role of the basics of wisdom. The famous opinion believes that the role of the basics of wisdom is to obtain restrictions, but the Imam and his subjects believe that the role of the basics of wisdom is to eliminate restrictions. From these views, it seems that the Imam's view that expresses: absolute indicates natures and that's the reason for removing the basics of wisdom is more justified.

Although the discussion of inflation and its effect on the rules of khums is not a new issue in Islamic jurisprudence and many Shiite and Sunni jurists have addressed it, but considering that today the fluctuations in commodity prices are abundant and commodity prices change every day. He finds that in order to inform everyone about the effect of inflation on the provisions of khums, it is necessary to study such issues. By studying the sayings of the jurists, it can be concluded that according to the Sunnis, inflation and increase in goods have no effect on the rules of khums. Because they consider khums obligatory only in spoils of war and in other cases they do not consider khums obligatory, but from the point of view of Shiite jurists, the product whose price was increased either belonged to khums and its khums was not paid, or did not belong to khums or belonged to khums. The khums was paid, in which case the ownership of the goods is either through trade or non-trade, each of which has its own rules, and this article is written to review its ruling.

The present study, based on the expression of different views of the jurists of the two sects and its critique and review, has dealt with the present subject in a library manner.

There has been an increase in the price of goods throughout history and the need to consider its effect on the rules of khums is also emphasized by Shiite and Sunni jurists. Therefore, jurists have expressed different views in this regard. Because Sunni jurists do not consider it obligatory to pay khums in such an assumption, and Shiite jurists believe that the goods whose price has increased, either belonged to khums and the khums was not paid, or did not belong to khums, or belonged to khums and khums was paid. Just as the owner has several assumptions about the purpose of buying the item, either he bought it for business or for personal maintenance. In addition, the way to obtain sex can be either commercial or non-commercial, which, considering its different assumptions, has caused differences in the views of jurists.

Uterine rent is one of the almost new topics in which the nature, validity and invalidity and its effects have been variously debated and different opinions have been expressed. In most studies and researches in this field, the nature of this obligation and the rules governing it have usually been considered as the criterion for the man and woman who have the sperm, but in this research, the main attention and emphasis is on the woman who undertakes this Commits and what is the necessity and justification on the basis of which he agrees to this action. Can the subject of the contract be the encroachment on a part of the human body? In this study, the correctness of citing the principle of immorality has been criticized and evaluated, and by examining one of the pre-Islamic marriages called "marriage of impeachment", it is concluded that the ownership of ablution, including the rights of God It has been given exclusively to the couple through marriage. Finally, due to the conflict of this contract with the general rules of contracts, including the subject of marriage and good morals, the rights of the child and the rules of non-mahram, the promise to annul it is strengthened.

A popular theory of Imami jurists is the condition of paying all prices at the assembly of the short sale contract before the parties to the contract are divided. If this condition is violated, they have ruled that the transaction is corrupt, but on the other hand, this condition does not apply Forward contract. Basically, the idea of ​​this type of contract (pre-sale / pre-purchase contract) today is that customers cannot pay full price and negotiate in installments. This research is written with a descriptive analysis method to test the hypothesis that it is not necessary to pay the entire price at the contract meeting, the client can pay part or all of the price after the contract meeting and any financial agreement on paying feesin installmentsdoes not violate the short sale nature of the transaction, in the author's opinion, the lawyer argued that the situation was distorted.

Abstract The rational authority and the discovery of its meanings in suspicion are among the initiatives that in the new era reveal the ground for the reconstruction of the science of principles on this basis. Collective intellect and wisdom, with the privilege of the approval of the Shari'a in any period, can provide the ground for the further flourishing of human reading of religion. In this study, after redefining basic concepts such as "intellect", "authority", "suspicion" and "science" and expressing the epistemological value of rational suspicion as an effective presupposition in solving limitations, the promise of valid suspicion with rational arguments, It is possible to believe in the inherent authority of suspicion and, while examining rational arguments, to expose the fact that verses and rational requirements, contrary to what is assumed, do not negate the authority of rational suspicion and rational suspicion. Of course, it is an argument. Imam Khomeini (ra) by discussing the suspicion under the proposed title, in not refusing to worship the UAE, has rejected the argument in the incident to the UAE and because of the acceptance of this basis by the wise do not consider the possibility of refusal in it. And emphasize acceptance on the basis of rational suspicion.

In today world, the philosophy of Shari'a and how the Shari'a (fixed matter) interacts with social issues (in most cases the changing variable matter) as well as the division of religion and Shari'a are among the most important concerns and preoccupations of Muslim thinkers. It is obvious that how to read the text (religious text) and pay attention to its principles, spirit and purposes, is effective in the method that religion and Sharia are related to reality In this regard. one of the issues that has led to many different approaches among Muslim thinkers is the position of women's rights in Islamic law. Among the religious thinker who have dealt with the above-mentioned subjects is Tahir Haddad, a Tunisian thinker, writer and literate. In this article, his teachings are explained by using a descriptive-interpretive method. In connection with the present issue, Tahir Haddad, with a special reading of Maqasid theory, has criticized the views based on jurisprudential formalism, and has made a substantial distinction between the spirit of religion and its goals and the form of rulings; According to the principles and the spirit that governs it, and in the meantime, recognizes the constancy of religion from its variables. In relation to women's rights, he believes in equal rights for men and women; What is more, the goal and spirit of Islam is in the direction of achieving freedom and equality among human beings, and accordingly, while considering the purposeful interpretation and reading, it considers all forms based on inequality between human beings contrary to the spirit and goals of religion and sharia.

Saeed Nursi, emphasizes unity and solidarity among Muslims and the avoidance of division and, the idea of unity is at the center of his thoughts but there is no comprehensive knowledge of his ideas in Iran, so the present study will play an important role in filling this gap. Accordingly, the main question of this article is what are the commonalities and differences between Allameh Nursi's unifying thought and Imam's thought? In this regard, based on the method of analyzing the content of his works and comparing it with the approaches of Imam Khomeini, he tries to recognize the commonalities of political thought and the differences between these two unifying thinkers.Based on the findings of the article, Nursi view on unity and approximation can be formulated in the form of a theory called "Mohammadi unity" of Nursi's theory, which with its outstanding features and characteristics, can produce the basis for creating unity in the Islamic world. And provide appropriate capacities to model the approximation of Islamic religions, but since the government has an important place in the approach of Imam Khomeini and the establishment of a religious government is one of the steps to achieve Islamic unity, there must be an Islamic state before the establishment of an Islamic society. While Nursi does not believe much in political Islam and the discourse of state-building, and in his view the unity of the ummah does not pass through the unity of Islamic states.

The formation of the knowledge of principles in an ijtihad manner, in Islamic religious thought, is a turning point and a great turning point from pre-theoretical jurisprudence to institutional jurisprudence, which is among the Sunnis in the late second century AH and with the Shafi'i treatise The jurisprudence of the Ahl al-Hadith began. The formation and compilation of this knowledge in the Imamiyya was done by the scholars of the religious school of Baghdad and was different from the Sunnis in that it was closely related to the two sciences of jurisprudence and theology and the effort for its independence from these two sciences was made by the same school. And unlike the Sunnis, it is based on the precedence of epistemology over methodology. The purpose of this article is to explain the process of formation of the principles of jurisprudence in an ijtihad manner in Imami thought and its general difference with Sunnis, which is done in order to provide a symmetrical and two-sided knowledge of Imami thought, which means paying attention to theoretical and epistemological topics , Have a look at non-epistemic factors in its formation. This article, in a descriptive-analytical method based on library sources, examines the process of establishing, compiling and independent knowledge of the principles of jurisprudence and theology and, contrary to the usual practice that deals only with epistemological issues, tries to explain the delay in its formation from the principles of jurisprudence. The Sunnis also explain its methodological lag from epistemology, which ultimately relates to the political developments and social situation of the Imams in the Middle Ages.

In this article, following the discovery of the main cause of inflation in the science of jurisprudence’s principles in the contemporary period, the relationship between the new principles of Akhund Khorasani and the inflation science of jurisprudence’s principles has been revealed since before Sheikh Morteza Ansari It was not discussed about this subject. In the periods after Sheikh Morteza Ansari, the issue of inflation science of jurisprudence’s principles was raised. Two persons had a great influence on the subject, one was Sheikh Morteza Ansari and the other was Akhund Khorasani that by ignoring the old model of scientology which is based on the subject of science and by establishing a goal-oriented model in science and also with a new expression of the subject of science, the subject of science of principles and the definition of science of principles, leads to expanding the circle of jurisprudence’ principles. For this reason, rules from other sciences have easily entered the science of the principles of jurisprudence. According to the scientific basis of Khorasani, these rules are not only superfluous and redundant but also useful and efficient

"Intention" in shariah terminology means a directional will to seek the pleasure of God and obeying his command. Findings of this research which is obtained by library method and based on descriptive-analytical method, is as follows: Sunni jurists, Zaydiyya, Zahiriyya, Ibadiyya and famous Shia jurists,They believe in the necessity of intention in worship. It is narrated that only Ibn Junaid believes in desirability of intention. Verses, narrations, consensus and reason have been cited to prove the necessity of intention in worship.The place of intention is the heart and it does not need to be mentioned. The principle is that the time of intention is the first of worship and its general form must be preserved throughout the act of worship. In addition to the condition of the intention of closeness, which is the most basic condition for the correctness of worship and its distinguishing feature from other deeds, every act of worship has characteristics and features - such as noon or evening and performance or qada for prayer; Therefore, in order to distinguish the type of action as much as possible, the obligor must consider and adhere to these restrictions in her intention

The divorce decree for an intoxicated individual, who has lost will, sensibility, and consciousness, has always been a matter of debate among Islamic jurists. The divorce decree for intoxication because of wine drinking is an appropriate analogy for the divorce decree for an addict that is intoxicated as a result of opium consumption. There is consensus among the jurists that non-volitional intoxication does not validate the divorce decree; however, there is disagreement about the divorce verdict for volitional intoxication. A group of the Companions of the Prophet Muhammad, their successors, major Ḥanafī and Shāfiʿī scholars, jurists like Qasim, Tawus, Rabia, Lais, Isḥāq, Abu Thawr, Ibn Taymiyyah, Ibn Qayyim, Shawkani, and most of the contemporary Sunni  and Jaʿfari jurists have invalidated volitional intoxication divorce decree. In the present study, which has been conducted based on descriptive-analytical method, while there will be a comparison between “the divorce decree for an addict intoxicated due to opium consumption” and “divorce decree due to volitional intoxication,” the opinions of the proponents and opponents of the above-mentioned issue will be analyzed. Finally, it will be argued that the reasoning of the opponents of volitional intoxication divorce decree is stronger in maintaining that a volitional intoxicated individual lacks the ability to utter the words solemnizing the divorce or comprehend its meaning, and therefore, that individual is regarded as demented. In addition, as the decrees based on dementia cases are not diversified according to the difference in their causes, the validity of divorce due to volitional intoxication is not established. Consequently, the decree for non-establishment of the divorce that is resulted from opium intoxication is regarded as the dominant viewpoint.