فصلنامه فقه و اصول
پیاپی 127 (زمستان 1400)

The heir is divided into relative and causal. The relative heir has three classes ,which despite even a person from the previous class, none of the people of the next class inherit. In each class, people with a closer degree and less mediation deprive people with more mediation to the dead of inheritance. Imami jurists believe that if the heir of the deceased is an Abi uncle and an Abuini cousin, the inheritance goes to the Abuini cousin and the Abi uncle is deprived of the inheritance. Some consider it according to the rule and because an Abuini cousin is closer to the dead, and some consider it against the rule and for a special reason. In this article, the evidences mentioned on this saying are examined and proved that this ruling is against the rule and it is possible to inherit the Abi uncle despite the abuini cousin; the suspicion of the connection between this ruling and the issue of the heredity of the caliphate is then answered.

Shiite jurisprudence and the Iranian constitution recognize some rights for religious minorities, including the non-execution of the Khmer drinking punishment for religious minorities. The law, from which the permission to use intoxicants is derived, has created this misconception that based on the rule of "permission in an object is permission in its requirements"that minorities are also allowed in the requirements of this permission, ie transportation, construction, maintenance, and sale. Regardless of the fact that the validity of the rule of permission is seriously questionable, the provisions of various evidences show that this rule is not enforceable in criminal matters.Evidence such as assignment (in various formulations), often implication of non-criminal matters, upstream and social-legal rules, legal applications, inability of the rule to remove the obstacle and that it has only  involved effects, inefficiency and limitation of relief caused due to urgency are some of the alleged documents of this essay. This is an analytic descriptive study based on library resources.

Right is a meaningful, logical and justifiable claim in the human sphere and obtained in the direction of his dignity and honor. In the meantime, right is understood in a range of different, different and sometimes conflicting theories. These jurisprudential ideas about Right have chosen a lower and higher relation with the rules and values, and according to the preconceptions and paradigms that are not generally spoken about, a different side of the theory. They have already taken over. Therefore, the problem of leading research is the analysis of the causes and factors of changes affecting the understanding of Right in jurisprudential literature. In fact, the fatwa approach in jurisprudence (in the general sense) - as a fully formed and common identity - which sets the correct criterion based on "authority" and navigating the traditional and technical way in the atom of jurisprudential propositions (subject and sentence) He knows that Sean considers fatwas to mean a meaning of Right which, although it is mainly a static and stagnant concept, is influenced by paradigms such as: human meaning, preconceptions to texts (such as rational propositions, intentions, scope of expectation). From religion and ..), nature is the falsification of the independence of the right and also the possibility of emptying the event from the verdict. Based on descriptive-analytical and library studies, this article identifies areas and their impact on differences in understanding of right.

Relief of compulsion, that is, to escape and get rid of compulsion, has been mentioned by Sheikh Ansari as one of the conditions for compulsion. He claims the evidence implies that in the realization of compulsion, there is a difference between relief through toryeh (half truth) and relief through non-toryeh, and in relief with toryeh, compulsion is still achieved, despite the possibility of relief for the compelled person. This ijtihad of the Sheikh on the issue of conditionality of relief has led to the presentation of various views and sometimes objections by the jurists. By examining the conditionality of relief  in compulsion and explaining Sheikh Ansari's point of view and analyzing the viewpoints of the agreeing and disagreeing jurists in this regard, the authors have reached the conclusion that the  oppositions' views that the real satisfaction in the conditions of the contractors is a correct criticism on the words of the Sheikh, but it does not prevent the acceptance of the conditionality of relief in  compulsion, and the possibility of relief with toryeh, which the opponents have proposed, is nothing more than a claim. The criterion for the realization of compulsion in relief with non-toryeh is also different due to the lack of customary rules in this regard, considering the mental differences of individuals from one person to another.

Each special phenomenon requires its own jurisprudential rules. With the completion of religion, new narrative premises are not issued in Shari'a, however, in order to determine the jurisprudential ruling of new phenomena, religious scholars must place it in the subject of one of the Shari'a cases and then face the question of whether they can relay on the application or generality of the subject of ruling of that jurisprudential premise. Also, the question that must be answered before is what is the criterion of the novelty of the phenomenon and the emergence of the feature?In this article, which is a library in terms of data collection and a descriptive analytic in terms of method and developing in terms of purpose, two types of emerging issues are introduced. In the first place, the new phenomenon is such that it makes the implementation of at least one of the religious cases difficult. Secondly, when corresponding the tittle of the subject of the Shari'a case on a new phenomenon, we encounter the problem that the correspondence of the Shari'a issue on the new phenomenon is doubtful and sometimes the character or activity of the phenomenon is new despite its correspondence on the new phenomenon and sometimes new phenomenon appears in the religious subject. Reliance on these species is definitely faced with theoretical forms of the feature and follows the ruling expressed in this article.

One of the topics that is considered as Motahharat (purifying factors) in Imami jurisprudence and has attracted various views about the conditions of Motahharat (purifying factors) and their limits and limitations, is the Muslims' absence; This means that if a Muslim disappears for a while, if his body and other belongings such as clothes, carpets, dishes, etc. are motenajjess (contaminated), their purity will be ruled. Many jurists, while believing in the ruling on the purity of a Muslim on the basis of his absence and under certain circumstances, or on the basis of the purity of the appearance of a Muslim, have serious doubts about their being subjectivity and even method for ruling on purification. While many jurists believe in the ruling of Muslim purity based on his absence and under special circumstances, or on the apparent purity of the present Muslim, there are very serious doubts about their being subject and even method for ruling on purification. In this research by descriptive analytical method, after examining the sayings and reasons of jurists about the purity of a Muslim's absence and its conditions and also about the purity of a Muslim's appearance, it has been concluded that these two have no independent role in the purity of his body and belongings, but purity is the consequence of describing a person as a Muslim which covers more than the two mentioned titles.

In the present article, by relating verse 29 of Surah Al-Hajj, known as the verse of Tawaf and documenting the authority of custom in applying the concept of Tawaf to its example, three possible examples for Tawaf of the Kaaba  from its height dimension have been proposed and the subject of research:1. Tawaf around Kaaba; 2. Tawaf in front of the space above Kaaba to the sky; 3. Tawaf from the first floor of the Kabba. Finally, it is concluded that Tawaf from around Kaaba as the first example of Tawaf of the Kaaba is certain. The second possibility has no defensible evidence for Shiite jurists and is not acceptable. However, popular jurists and a small group of later Imami jurists have accepted it. Regarding the third possibility, which is the new word of this research, evidence on the permission of Tawaf from the first floor of the Holy Mosque by choice has been presented as another example of Tawaf of the House.

Since the Holy Shari'a has highly respected the honor of individuals, it has also made various rulings to support it. One of these rulings is the unlawfulness of backbiting. The issue of hearing backbiting is one of the issues that, although it has been raised for a long time, has been less addressed. Some scholars have cited a number of rational and narrative arguments to prove the unlawfulness of listening to backbiting. According to the author's findings, none of these evidences, even the most up-to-date ones, cannot prove the unlawfulness of listening to backbiting. This article includes jurisprudential innovations in various ways, the most important of which is reliance on a rational reason to prove the impossibility of the unlawfulness of listening in backbiting. Of course, that listening to backbiting is not unlawful means that listening to backbiting is not forbidden just because it is listening to backbiting, and this does not contradict the fact that listening to backbiting is forbidden due to the correspondence of other titles on it.

In recent years, robotic technology has been linked to human life, and the rate of entry and role of robots in human life is constantly evolving and increasing. This increase has paved the way for legislating the robot various behaviors and functions; because first of all, it is necessary to ensure controlled and safe performance in society; Secondly, the effectiveness and efficiency of robots in various areas of life depend on understanding the jurisprudential and legal issues. One of the important and noteworthy legal issues in this field is the existence of civil liability in case of mistakes and errors resulting from the robot acts. Using analytical descriptive methods, examining the principles of civil liability and its elements in the realm of robot behavior and presenting ijtihad evidence, this article has come to the conclusion that committing a harmful act or harmful abandonment of an act by a robot causes responsibility and, as the case may be, based on the theory of "respect", the human factor is condemned and obliged to compensate; Because the robot has no real or legal personality and cannot be compensated.