مجله مطالعات فقه تربیتی
سال هفتم شماره 14 (پاییز و زمستان 1399)

The guidance of the ignorant involves a set of actions such as teaching, informing and warning, because sometimes the trainee has no knowledge of the divine injunction, in which case, if he is informed, he will come to know the injunction. Sometimes the trainee does not know, and knowledge is not achieved by making an announcement only; rather he needs education. Sometimes the trainee knows the ruling and the subject-matter, but he is unmindful or oblivious in which case he is reminded and it is only then that he remembers his duty and obligation. Guiding the ignorant as a training measure is obligatory in some cases and recommended in others, but the necessity guiding is contingent largely upon the probability of effect and no substantial harm to the mentor and educator. This article examines the jurisprudential point of view in this regard using inferential and analytical methods. In short, to highlight the most important results of the research at hand, it is necessary to state that in the views of the jurists, the necessity of guiding the ignorant to the hukm (injunction) depends on a number of conditions including the person being a duty-bound, necessity of the duty, and the ruling being of daily use to the duty-bound. As for guiding the ignorant to the subject, the jurists differ in their opinion in this regard. Some believe it is obligatory to guide the ignorant (al-ʿAllāma al-Ḥillī, 1401: 48) and others believe in the non-necessity of guiding such a person (al-ʿᾹmīlī, 1418: 2/579). Generally speaking, guiding the ignorant is preferable in the area of non-mandatory rulings and those rulings which are not of daily application.

The guidance of the ignorant involves a set of actions such as teaching, informing and warning, because sometimes the trainee has no knowledge of the divine injunction, in which case, if he is informed, he will come to know the injunction. Sometimes the trainee does not know, and knowledge is not achieved by making an announcement only; rather he needs education. Sometimes the trainee knows the ruling and the subject-matter, but he is unmindful or oblivious in which case he is reminded and it is only then that he remembers his duty and obligation. Guiding the ignorant as a training measure is obligatory in some cases and recommended in others, but the necessity guiding is contingent largely upon the probability of effect and no substantial harm to the mentor and educator. This article examines the jurisprudential point of view in this regard using inferential and analytical methods. In short, to highlight the most important results of the research at hand, it is necessary to state that in the views of the jurists, the necessity of guiding the ignorant to the hukm (injunction) depends on a number of conditions including the person being a duty-bound, necessity of the duty, and the ruling being of daily use to the duty-bound. As for guiding the ignorant to the subject, the jurists differ in their opinion in this regard. Some believe it is obligatory to guide the ignorant (al-ʿAllāma al-Ḥillī, 1401: 48) and others believe in the non-necessity of guiding such a person (al-ʿᾹmīlī, 1418: 2/579). Generally speaking, guiding the ignorant is preferable in the area of non-mandatory rulings and those rulings which are not of daily application.

Muslim jurists generally believe that man has no obligation to fulfill before hitting puberty. Thus, they have stated in their verdicts that the rules of apostasy do not apply to children who apostatize before attaining puberty irrespective of whether they were born to Muslim parents or converted to Islam and took the Shahadah and later apostatized.  Al-Shaykh al-Tūsi and some recent scholars maintain that such a child is treated as an apostate. Many earlier and contemporary scholars are divided in their opinions in this regard saying the penal laws of apostasy i.e. murder and making the child to repent, do not apply to him because he is under no obligation as long as he has not attained puberty. However, other rules such as ritual impurity apply to him. In other words, he is considered impure as an apostate. The present research concludes that since a child is not under any religious obligation, he is therefore considered pure. Meanwhile, it stresses that impurity has nothing to do with someone being under obligation; it is beyond the framework of being under obligation. That is because this ruling creates more restriction for the child before it is related to others.

The facility in Divine Decrees is a characteristics of Islamic Jurisprudence and Men and Women are Equal in this Principle totally; they are in most cases of same decree. Meanwhile, every of these genders have different Decrees from each other according to their physical features which in primary notion it may seems the Females’ Decrees are more rigid and strict than Men’s; because of prejudices and subjectivities prevalent in religious and non- religious societies towards Men’s and Females’ Right. This research is done for clarification of this issue and seeks to answer the question whether Men and Female are equal in various Decrees from the point of facility. This research is carried out in descriptive- analytical method in recognizing the most important and different Decrees of Men and Female and then it is concluded that in many of Islamic Divine Decrees, by and large, in contrast to Men’s, the facilitation for females’ is more realized than Men’s.

SummaryIslamic education has different fields and moral education is one of the most important fields that acquaints the society with moral duties and obliges them to perform it. What is important is to know who is responsible for the moral education of society? And what is its jurisprudential ruling? This research in the form of descriptive, analytical and ijtihad method with the focus on verses and hadiths to re-read the duties of the Islamic government in relation to the moral education of society and based on jurisprudential methodology, to clarify the extent and details of the Islamic government's duty in moral education of society . By presenting evidences such as verses, narrations, intellect, manners and public rules, he has dealt with the "duty of the Islamic government in the moral education of society" and after examining the evidence, has been able to prove an obligatory duty of the Islamic government in the moral education of society. Explain the conditions and requirements for doing this task

Education is one of the most essential needs of a society. It leads to material and spiritual development of that society. The right to education has always been one of the most important human rights concerns and has been taken into account in religious principles and legal documents. Using a descriptive-analytical method, the present article aims to explain the well-known opinions and arguments concerning the right to education. It also seeks to prove the important position of the two institutions of family and government, and the trainee's right to education. It attempts to answer the question as to what the principles and evidence of the right to education from the perspective of jurisprudence is, and how it is reflected in the constitutional rights of the Islamic Republic of Iran. In this regard, Islamic sources, legal documents and opinions of thinkers concerning education, as well as the analysis and evidence available concerning the right to education have been examined. The findings show that there is no conclusive evidence without any other influence (family and government) regarding the right to acquiring education and moral instruction. These two are necessary for each other. Education is the joint responsibility of parents and the government. Also, teaching and instruction is an obligatory duty of the individual or the learner who should not fail to develop his talents.  This process should be accomplished jointly by the individual, the government and the family institution.

Educational jurisprudence is taking shape as a new chapter in jurisprudence and as a new realm in educational studies. Just as the development of "rules of jurisprudence" is important in jurisprudence, so is the development of the branch of "rules of educational jurisprudence". The present article explains "invitation to good" in the form of a "maxim of educational jurisprudence". Using a jurisprudential and ijtihad methodology, the article discusses this maxim of Islamic jurisprudence in three parts: evidence of the rule, purport of the rule and educational implications of this rule. The findings of this study suggest that the invitation to good is objectively recommended on the duty-bound, and it is a collective obligation on some others who meet the requirements and are qualified.  Also, inviting to good as an educational method has elements, as well as conditions and principles that govern the maxim. These conditions include the inviter's knowledge, the practicality and usefulness of the thing to which invitation is made, and sanity, the possibility of understanding and acceptance of the invitee etc. and also some principles such as the desirability of well-prepared invitation, the priority of practical invitation over verbal invitation, the priority of soft invitation over hard invitation and so forth.

One of the important segments of the educational system of any country is the higher education, the task of which is to train specialized personnel in various economic, managerial and administrative fields. Higher education curricula (i.e. the scientific content being taught) play a key role in achieving its goals. In this research, an attempt is made to examine the content requirements of higher education from the perspective of Islamic jurisprudence. That is, the main question is what knowledge and content is a priority and should be given preference in terms of jurisprudence. The method used by the present study is inferential and descriptive-analytical. The results of the research indicate that according to the rule of cooperation to do good deeds (birr), it is preferable in higher education to deal with knowledge whose learning is an example of a good deed or a prelude to benefiting individuals and society. Considering the maxim of preserving the system of education, teaching sciences that are instrumental in maintaining the system and serving the Muslim community is desirable (obligatory or recommended) according to Shari'a. Also, sciences can be divided based on the amount of the material and spiritual benefits derived from them; they are preferred on a priority basis depending on the degree of benefits they yield. Given their importance, it is necessary that preference be given to religious sciences over worldly sciences in the sense that the first should be supported and given more importance than the second.

One of the most important pillars of duʿa (supplication) is the relationship with the Prophet and his noble family, which is established through appealing to these noble figures. God has also described the Prophet as "the mercy of the worlds" and one of the aspects of mercy is his mediation in the relationship between the servants and the Almighty. Therefore, understanding the Prophetic mercy that originates from the infinite divine mercy is extremely important in human education.In general, understanding God's "mercy" (i.e. the Prophet) as a mentor and educator is one of the effective factors in educating human beings, because it has an effective role in attaining happiness and final perfection. The low rank of this mercy is manifested in the blessed existence of the Holy Prophet (s). When it comes to educating human beings, one of the factors being instrumental in the educator's success is kindness and mercy, and in this regard, one of the factors for the success of the Prophet (s) in educating people is his good character and exemplary mercy.According to verses and hadiths, the attribute of "mercy for the worlds" alludes to the fact that the Prophet (s) is a mercy to all the worlds and beings, including human beings. In other words, the mercy of the worlds means the Prophet (s) is gracious to the universe as well as to the material and the supernatural worlds. The prerequisite for enjoying this mercy is communication with the Prophet in the form of prayer and supplication. This relationship is approved only when it is accepted by Allah through the grace of the Prophet and his holy family. As a result, it can be said that the connection with the family of the Prophet, who is a manifestation of divine mercy, provides the conditions for human happiness and education in various dimensions.

The responsibility of individuals for their direct or indirect actions makes them liable for the thing leading to a loss. Obviously, this naturally leads to a kind of cautious approach and staying away from essential areas such as sports activities, which are inherently risky actions. Finding a solution to this problem has attracted the attention of many managers, CEOs and executives in charge. One of the effective factors in relieving liability from the cause of loss is pre-warning. The present article seeks to study this issue from juridical and legal perspectives. It responds to a number of questions including the following: Among the jurisprudential rules which relieve liability from the cause of the damage, what rule or maxim can be relied upon? And in general, what are the limits, domain and jurisprudential ruling derived from those rules?In response to these questions, it can be briefly said that from the point of view of jurisprudence and law, the 'warning rule' can be cited to absolve individuals in educational, sports, medical, etc. activities. The application of this rule has conditions such as announcing and giving necessary warnings, etc. If a person participates in competitions and sports activities and suffers losses in this area despite prior knowledge and warning, the principle of innocence governs and overrules the evidence of proving responsibility. Therefore, no responsibility (civil or criminal) is on the other party, but he himself is responsible.

Digital and software systems are undoubtedly the lifeblood of the information society, which today plays a huge role in the economy and employment of society, so the expansion of their use in various aspects of life has created a flaw in this area. Contemplation of jurisprudential rules such as the 'principle of no harm', or loss, along with rules such as pride and according to our general rule, which is based on the principle of creation, and the lack of understanding, can raise the foundations of the destruction of these systems based on the shortcomings of human science. Based on the subject law and theories such as fault theory, risk creation,  guaranteeing the right and the theory of pure responsibility, it has created a challenge and civil liability due to the fault of the above-mentioned systems. In this article, while explaining and analyzing different views, as a result, the rule of guarantee indicates that the producers of digital and software systems cannot be held accountable due to a defect in human science. Therefore, the builders of these systems, based on their civil liability and moral commitment, are required to deliver the above-mentioned systems without any defects and to compensate for any possible damages.     .

The agreement of Muslim denominations on Islam being a religion of the all time and space suggests that the religion of Islam has the potential to respond to challenges in various social areas, especially matters related to the peace and comfort of citizens. Because the transcendent nature of the religion enables it to provide solutions and programs for the natural and innate needs of human beings, one of the most important of which is mental health and vivacity. The positive attitude of Islam and the invitation of Muslims to a happy life can be considered as confirming the existence of such a potential. Although the verses denouncing debauchery and vulgar entertainment may seem to negate the above approach and oppose vivacity and a happy life in the eyes of the reasons extracted from the Quran and Sunnah, some religious proofs do not support such a view. Accordingly, the conformity of the rational and religious criteria accepted by Muslim jurists can explain the favorite position of the Shari'ah in this regard, so that by relying on them, a distinction can be made between the vivacity desired and approved by the Shari'a and its other levels. Therefore, it is necessary to clarify, what is the desired vivacity, cheerfulness and happiness from the point of view of Islamic jurisprudence and what its criteria are. Therefore, the present study, using inferential arguments and methods, first proves the right to enjoy life as a citizenship right, then by presenting the criteria in this area, the enjoyments favored by Sharia has been explained.