نشریه مطالعات تقریبی مذاهب اسلامی (فروغ وحدت)
پیاپی 55 (بهار و تابستان 1400)

The Muhabati Contract (gratis bargain) of judges is a discrepancy in the Islamic jurisprudence and some of jurists consider them some kind of bribery and therefore as a forbidden act. The main question of this article is: “Is it legal for judges to apply such bargains and receive such a free property?” Also this issue is of importance that: “Are these bargains invalid in the case of illegality?” The subject of this article is to study the commandment and effect of these kinds of bargains for judges and to analyze the religious reasons discussed in the five Islamic schools of thought. In this matter it will be proved that the main factor on the commandment of these bargains is the intention of the parties. If they intend to give and get bribery, this property will be bribery and if not, it will be legal and it is some kind of gift. In the end, it is concluded that if the judge's gratis bargains are without the intention of bribery and there is no other corruption in them, they are permissible for the judge.

Political negotiation as a rational, peaceful, and efficient solution to end disputes between interested parties has always been the focus of governments and groups. Today, anti-Islamists seek to present and induce a violent and irrational face of this religion, as if it had no tendency and principle for dialogue and negotiation, but in examining reliable historical-narrative sources related to the biography of the Holy Prophet PBUH, It can be seen with certainty that he repeatedly used the rational strategy of political negotiation, along with special principles and instructions, to resolve issues between the Islamic government and opposition groups with which there were conflicts of interest, which is evidence of a violation of the claims of the enemies of Islam. Therefore, in this article, using a descriptive-analytical method, while presenting a precise and comprehensive meaning of the concept of “political negotiation” and its components, by studying the authoritative Shiite and Sunni sources, the encounter type of the Prophet PBUH with the opposition in “Hudaybiyyah Negotiations”, “negotiation with the Jews of Fadak” and “negotiation with Bani Saqif” have been examined and their most important “principles” and instructions in these negotiations have been identified and explained in the form of “psychological-imaginative”, “behavioral-gestural” and “spoken-expressive” principles, and the extent to which each of these principles conforms to the rules of today’s negotiations have also been examined.

One of the important principles in interpretation is to recognize reliable sources in order to use them and find out which sources are unreliable in order to avoid them; this topic has an important position in methods of the interpretation and criticism of the commentary works. In the current study, the viewpoints of Muhammad Hadi Marifat - as one of the most prominent contemporary personalities of interpretation and Quranic sciences - are considered. In this paper, which has been written in an analytical descriptive approach and with the method of data collection, we have extracted the most important reliable and unreliable sources from the viewpoint of ayatollah Marifat and have considered the resources of “Al-Tafsir Al-’Athari Al-Jami‘” as an instance. The research findings indicate that the most important and applicable sources of Al-Tafsir Al-’Athari are the holy Quran , the Infallibles’ interpretive narratives as well as some of the companions’ sayings with specific conditions. The most important unreliable resources are Jewish narratives (Israilliat) and most of the narratives about the virtues of chapters of the Quran and the properties of the chapters as well as the interpretations of the verses of Quran by Sufists. In the present study, the viewpoints of Ayatollah Marifat about the mentioned cases have been clarified, and then various opinions and disagreements about them have been reviewed and examined, and the quality of the application of these resources has been studied in Al-Tafsir Al-’Athari Al-Jami‘.

The proximity of Islamic schools of thought is one of the necessities of Islamic society. Quran is the greatest source of the Proximity of Islamic schools of thought. Since the time of the Holy Prophet PBUH, Quranic verses have been interpreted based on the provisions of Quran and Prophet’s PBUH Sirah (approach). The present study aimed to investigate the feasibility of the proximity interpretation of Quran and, if feasible, to determine the basis of such interpretation. Furthermore, this study attempted to determine the first commentator who used the approximate interpretation approach. The data were collected through library research and were analyzed and explained qualitatively. By examining the first commentaries written independently of the narrative society, beginning with Ṭabari’s Jamiʿ Al-Bayan and also the commentaries of Ibn Abi Ḥatim, Ibn Al-Mundhir, and Thaʿlabi, it could be concluded that the proximity interpretation is a realized approach the first instance of which was observed in Thaʿlabi’s commentary through investigating the interpretation of the phrase Ahl al-Bayt. The findings also showed that Thaʿlabi’s commentary is different from other commentaries in terms of fairness in writing, i.e., strive for accuracy and truth in his interpretations, showing devotion to the eminent Islamic personalities, and his specific insight and his dwelling place confirms this difference.

The central issue of the research is the study of the effect of Ikhtilaf Al-Darayn (Territoriality) on Wills of Testament and Wills of Possession in Islamic jurisprudence. One of the factors affecting the will is Ikhtilaf Al-Darayn in the parties of a will. Ikhtilaf Al-Darayn refers to the difference of religion and nationality of the parties of a will. Findings with descriptive-analytical process are as follows; Islamic jurists in the popular opinion, according to the narrations, have considered permitted the will of people who do not differ in religion and nationality for each other as well as the will of a military infidel for Muslims, but they disagree in the will of Muslims for infidels. According to the verse of testament and other evidences, a will can be made for any person from any religion and land. In wills of Testament, difference in religion, based on narrative evidence, is not permitted. However, an important factor and a prominent feature in wills of testament is behavioral justice and trustworthiness of the testator. According to the verse of will and some opinions of some jurists and disputes over the reasons for impermissibility, it is claimed that in case of justice of an infidel, a testament can be made at least for a Tributary (Dhimmi) infidel with the trust of a Muslim.

In theology, originality and deviation of holy scripts has engaged minds and dialogs of the researchers of this field for centuries. Wholeness and originality of a holy book has an imperative part for validity of the religion and its acceptance by the followers. Although, according to the Quran and Hadith, the preceding religions are explicitly titled expired and following them is prohibited, nevertheless, discussion and proofing of the script deviations can influence the current followers of the religions, as well as the Muslims who do not believe in expiration of the religions, to accept or deny following the religion. With investigations into the Quran, Hadiths of the Fourteen Infallibles, and opinions of Shia and Sunni Interpreters, it is concluded that the scripts known today as Old and New Testament or Bible, has been subjected to various verbal and semantic distortions. Additionally, the argument is supported by rationality and reasoning based on document and content validity criticism, such as document cohesion and coherence analysis, validity of the scriptures and number of document versions; as well as comparison of the versions and their consistency or inconsistency, contrast and contradiction in a single version, courteousness towards God and the Prophets, irrationality of many sentences and... .

One of the most important rights of the creators of literary-artistic works is copyright. This right is considered to be one of the economic rights of the creator and is still widely traded between creators and publishers. In two ways, this right is worth pondering; First, the religious validity of this right, which has been denied by some great jurists; Second, the lack of a legal provision on the nature of copyright trade, which has obscured the transfer of this right. Most jurists believe in concluding this contract in the form of Article 10 of the Civil Code and have denied the conclusion of the copyright in the form of a sale contract according to the elements in the definition of this contract and have proposed problems in transferring this right in the form of a sale contract. In contrast, in the Egyptian legal system, most Sunni jurists, except Hanafis, have considered the transfer of this right to be possible in the form of a contract of sale. Finally, studies conducted by the authors concluded that copyright is a legitimate right. It is also appropriate to transfer this right in the form of a sale contract and there is no need for Article 10 of the Civil Code to explain the nature of the transfer of copyright, but the intention of the parties can give the face of the sale contract to the transfer of Copyright.

One of the issues of disagreement among Sunni scholars, which some have considered heresy, is the celebration of the birth anniversary of the holy prophet PBUH. The question that the present study is going to answer is that whether the holding of a celebration for the birth anniversary of the holy prophet PBUH is a canonical heresy and forbidden or not? The current research paper tries finding an answer to the foresaid question using library resources in the light of describing and analyzing the resources from all the four Sunni denominations and it will be concluded that the majority of the Sunnis grant permission to the holding of a birthday celebration of the prophet PBUH, and reasons for not allowing a birthday celebration are weak, rejectable and blemished, and reasons for permitting a birthday celebration, even if considered blemished, as well, can be summed up into a single proof that is the necessity for revoking unity between the Islamic nation one actualization way of which is holding a birthday celebration for the prophet PBUH in Islamic territories around the globe.

One of the original methods of interpreting the Quran is using the interpretive narrations of the Infallibles (AS), but the damages done to this heritage has made it difficult to use it. Accordingly, hadith scholars and exegetists, including Allameh Tabatabai, have sought to interpret, explain and facilitate the understanding of this source. The present research that has been conducted through a descriptive-analytical method and using library tools, seeks to express the types of descriptions and explanations of interpretive narrations in the Tafsir Al-Mizan. One of the approaches of the author of Al-Mizan towards narrations is “Interpretation of Al-Hadith” which has dealt explaining, correcting, and resolving differences and ambiguities, dispelling doubts, explaining and justifying, correcting and completing difficult and dubious words and meanings in the narrations, correcting the interpretation of exegetists in using the narration, correcting the meaning and words of the narrations, discovering and explaining the meaning of the Infallibles PBUT in the narration, expressing the difference between exegesis and interpretation, by relying and mastering the Quranic sciences and hadith teachings in several cases, in such a way that it can be said that in addition to being the interpreter of the Quran, he is also a commentator on interpretive narrations.

Diyah is a financial ransom that must be paid in case of murder and in the absence of punishment as a ransom. It is obvious that the victim could not use the Diyah and at the same time it is not possible to consider the Diyah without the any owner. For this reason, the scholars disagree about the owner and heir of the blood money. Some believe that it can be considered as the property of the deceased and his estate, while others believe that it should be directly transferred to the heir of the victim, and some have provided other details. Acceptance of each of these statements has certain functions and effects. The Majority of Jurists, considering some narrated evidences and considering the ransom as exchange instead of the victim’s soul, have regarded it as his properties. On the other hand, some believe that Diyah becomes obligatory after the death of the deceased and as a result, the person will lose the ability to own the property. After comparing the arguments and views, the preference of this study is to consider the victim as the owner of the blood money, so it is considered as the property of the deceased and can be inherited by the heirs.

Amnesia is the lack of paying attention to what is in the mind, which is considered as a psychological phenomenon by scholars and has been discussed in the authoritative Islamic sources. The main question is whether amnesia affects the contract based on Islamic jurisprudence or not. In general, the jurists have studied the amnesia based on the “Hadith-e Raf‘”. It should be noted that there is disagreement among Islamic jurists in this regard; some jurists consider that the “Hadith-e Raf‘”, and therefore amnesia, are effective in contract and considered the validity of the contracts of the person suffering from amnesia. However, some jurists consider that “Hadith-e Raf‘” and amnesia are not effective in contract and in case of concluding a contract in the situation of amnesia, the contract is considered void. Also, some jurists have considered in details that if it affects the reason, it is considered void and if it affects the cause, it is considered as having no effect on the contract. However, what it seems is that if amnesia disrupts the foundations of the contract, it will be void due to the lack of intention of the contract. Otherwise, it will not affect the contract.

Since its introduction in the first Islamic centuries and its development in the Safavid dynasty, Shiism has always been promoting and the role of Shiite scholars has been of prime importance in this development. During the Qajar dynasty these scholars protected Shiism from division and distortion. During the Qajar dynasty in which a number of deviant cults appeared, Kermanshah welcomed many of these cults including Tasawwuf, Ahl-e Haq, and Sheikhiyyah. The present research attempts to explore why the Shiite Scholars chose Kermanshahan for the promotion of Shiism and what roles these scholars played in this promotion. The present research is an analytic-descriptive study which uses library resources. The findings of the present article demonstrated that Shiite scholars chose Kermanshahan because it is near the Holy Shrines of Imams in Iraq and it is the crossroads of east to west. They managed to use all the resources including educational institutions, holy shrines and… in order to promote Shiism. They were so successful that other deviant cults ultimately died down or disappeared. Accordingly, the purpose of the present article is twofold: on the one hand it tries to explore the role of Shiite scholars in promoting Shiism, on the other hand it attempts to find out how they managed to eradicate deviant cults from it.