فصلنامه شیعه شناسی
پیاپی 75 (پاییز 1400)

The "Initial Jihad", meaning waging war against infidels after inviting them to Islam (daʿwa), has always been disputed throughout the history of the Islamic political thought, including both the Shiite and the Sunnite ones. The defensive war, however, is considered as an agreed upon issue. The traditionalists and the modernists do not believe in initial jihad, while the well-known Shiite scholars maintain that the initial jihad is specified to the time of the Infallibles' presence. Some believe in the necessity of the initial jihad in the Occultation Period. Martyr Mutahhari gives a broad explanation of defense (of monotheism), which includes the initial jihad – even in the Occultation Period. Some others such as Ayatollah Khouʾi, while not accepting the theory of 'Wilayat Faqih' (i.e. the jurist's authority) and Islamic state, believe in initial jihad in the major Occultation Period. According to the 'confluence theory', waging war against the infidel countries that do not intend to fight against the Islamic state (the instance of initial jihad) is opposing to the independent reason. The independent reason negates the initial jihad in its common meaning. Indeed, the initial jihad in the modern age is negated.

Given the originality and dynamism of Imamia jurisprudence, its high capacity to influence the Building of legal systems can not be doubted. Although the legislative and judicial systems in Muslim countries have not been able to make good use of this legacy, steps have been taken in some cases. In the present study, which is organized in a descriptive-analytical method and in the form of a case study, the issue of Continuity of Marriage at the time of adultery and its place in the realization of Ehsan as an aggravating factor in punishment has been explored, an issue that Imamia jurisprudence, unlike all Sunni schools, has considered as one of the conditions for the Ehsan in men and women. Examining the Documents of Imamia and Sunni jurisprudence in this study shows the correctness and strength of Ehsan's dependence on such a condition that its identification can reduce the heavy punishment of stoning. The position in favor of the accused in Imamia jurisprudence has caused the legislature and the judiciary in some Sunni countries, such as Sudan and Yemen, to follow it. In addition, some other legal systems, such as Libya, the capacity to adopt such an approach is provided according to the duty of legal texts to refer to the more favorable positions of the authentic Islamic religions.

Concomitant with the formation of the Shiite states of Adel-Shahids, Nezam-Shahids and Qutb-Shahids, the emigration of the Shiite Iranians to the South India became more serious. The Shiite rulers of Deccan needed the Iranian emigrants for fixation of the Shiite governance and strengthening the foundations and promotion of Shiism as well as defending it against the non-Shiite states. This emigration caused evolutions in regard with political and social activities in line with religious and foreign policies of those states, and made the South India a safe area for inhabitants of those regions. The present article uses a descriptive-analytical approach based on library studies to explore and analyze the Iranian emigrant Shiites' measures in creating peace among the Shiite states of Deccan and answers the following questions: "what was the purpose of the Iranian Shiites in creating peace among the Shiite states of Deccan?" The findings of the study show that elites among the Iranian emigrant Shiites – with their perception of the special conditions and probable risks – served as the emissaries of peace before other Shiite rulers of Deccan to unite the Shiite states against the non-Shiite states, especially the Sunnite ones. In this way, by creating a united power and forming a defensive shield, they prevented lengthy wars. The important achievement of this peace was that people in the regions under the rule of the Shiite states of Deccan enjoyed social security. Besides, by performing this mission, the Iranians were seeking to fix and strengthen the Shiite state on the basis of the Shiite doctrines, so that they may prevent the collapse of the Shiite rule in Deccan.

The early Islamic mosques were built on the model of Medina mosque and using the Quranic teachings. This method changed through time and gradually the Quranic teachings paled in locating and building mosques. This article uses a descriptive-analytical research method and chooses cases from the early Islamic period in Iran and other Shiite mosques to investigate two different periods in building mosques in Iran comparatively as well as the history of development in building them on the basis of the Quranic verses and Islamic traditions. To analyze the issue, eight principles in building mosques were extracted from the Quranic verses and traditions, and then the extent and the mode of their affecting building mosques in the Islamic period and the Shiite mosques were assessed. According to the results of the study, the Quranic principles in building mosques were classified into eight principles all of which were observed in building the early instances of mosques. In Shiite mosques, however, only four of the principles were observed, including the following ones: stability and strength (both using poor quality building materials and techniques of quick building made later mosque less strong); locating in social places; possibility of going to mosques on foot; building local mosques; and paying heed to light in the mosques.

Sayyid bin Tawous' al-Lohouf is among the historiographies of martyrs dedicated to Imam Hussein (Sayyid al-Shuhada) in the seventh century, and had a great impact on composing and reciting the historiographies of martyrs afterwards. The present study uses an analytical-critical approach to pathologically review the approaches, presuppositions and effective ideas in Sayyid bin Tawous' reports and the traditional deviations in that book. According to the findings of this study, Sayyid bin Tawous' toleration, belief and interpretations govern the selection of traditions in al-Lohouf and – despite Sayyid's scientific and spiritual character as the most important factor for the popularity of his book – the reports transmitted in it are inconsistent with Sunnah, reason, definite events or other historical accounts, hence unacceptable. This is because they are based upon what was common among ordinary people, and thus, Sayyid's performance was not like traditionists and historiographers.

Imamate and successorship to the Prophet has been the subject of theological disputes among the Shiites and Sunnites since long ago. Meanwhile, Imam Ali's silence in facing with Abu Bakr and his avoiding armed uprising are among reasons adduced to by the Sunnites in their arguments. In the third century AH, Hakim Termezi used the same reasoning to write a rejection to the Shiite view. He considered Imam Ali's silence as a sign for his consent and regarded his avoiding uprising – while enjoying power and bravery – as a sign for his legitimizing Abu Bakr's caliphate. After him, Sayyid Heydar Amoli, in the eight century, criticized Hakim Termezi's reasoning in a treatise. He used a theological approach to semantically investigate bravery and power and proved that Imam Ali' silence was not out of his consent. In the present article, the author reviews and investigates Hakim Termezi's claim and explains Sayyid Haydar's answer regarding the semantic study of bravery, valor, cowardice, power and inability. He reviews Hakim Termezi's argument in his treatise entitled al-Radd Ala-l-Rafiza, clarifying that Imam Ali's silence was not inconsistent with the principle of bravery and power.