نشریه آموزه های فقه عبادی
پیاپی 3 (پاییز و زمستان 1400)

he jurisprudence of ‘Ibadah (worship, religious ritual practice), which is mainly related to man’s relationship with God, contains a large part of jurisprudential issues and includes several chapters and several important issues, and many jurisprudential rules have been cited and argued by jurists in this part. Since, the determination and regulation of human duty on the basis of the heavenly Sharia (Arabic: شریعه, Romanized: sharīʿa) and by using and inferring the commands and prohibitions (bans and orders) of the Sharia in all events requires a thorough scientific discussion and extensive study; therefore, in the present study, the authors, in a documentary-analytical manner, while explaining the contexts of the rule of negation of distress and constriction (Arabic: قاعده نفی عسر وحرج) and its scope, enumerate the most important cases of jurists citing to this rule in different chapters of worship and have discussed the aspects of arguing for this rule in each case; so that in some cases, the rulings issued are analyzed only in the light of the evidence of the rule of negation of distress and constriction and in some cases, the mentioned evidence has been cited as a help along with other evidence, and in some cases due to the difference between the specific evidence, the mentioned rule has been considered as a basis and criterion and the arguments in accordance with the mentioned rule have been preferred.

he eternity of Waqf is one of the conditions that the great (grand) jurists have stated for the validity (authenticity) of Waqf. This condition makes it hard for some good people to either not be able to do so or to give up their possessions forever in a way; so that they are not even transferred to their descendants; but if a solution can be offered, many may be devoted to these matters such as temporary endowment or endowment for a profession and endowment for an industry or endowment of money or endowment for spiritual privileges and the like, and spiritual rewards and rewards of the hereafter will be given to donors (al-wāqifīn, founders) by solving many problems of society. We believe that a new and analytical study of the arguments existed in the Qur'an and Sunnah on the subject of Waqf can rule to the validity of such Waqfs (awqāf, endowments) by believing in the active ijtihād and the responsiveness of Islam, because there are eight reasons for the eternal condition of Waqf, none of which has the power to prove this condition and in contrast to the generalities that indicate the validity of contracts, and in particular, the generality of al-wuqūf bi-ḥsab mā yuwaffiquhā ahluhā (Arabic: الوقوف بحسب ما یوقفها اهلها, i.e. in accordance with what the endowment has determined and act in accordance with his endowment must be in endowments and in other words; any condition or characteristic set by the donor in the Waqf must be observed) which is stated in ṣaḥīḥ (Arabic: صحیح, authentic, true) Saffār, indicates that the temporary endowment is valid and at that time, donor (wāqifī) does not have the right to take possession of the endowment (Waqf) for sale (Arabic: بیع, Bayʿ), gift (Arabic: هبه, Hiba), compromise (Arabic: صلح), and any contract that he or she wants to transfer from his/her property, although some scholars are skeptical about this and allow the transfer in an unprofitable manner until the end of the endowment. In other words, temporary endowment in all its rulings is like the interrupted endowment for others that during the life of the endowment beneficiary person that donor (wāqif) does not have the right for transferring acts (Arabic: تصرفات ناقله) and contrary (inconsistent) to the endowment beneficiary person’s right, but after their passing (death), the endowed property removes the state of endowment and transfers to the donor (wāqif)’s property if he is alive and transfers to his heirs in the event of his death.

the issue of puberty, because in most of the jurisprudence is the subject of ruling, is one of the important issues that, in addition to its conditioning for impositions (takālīf) on the part of God of obligations on mukallaf (obligator) and transactions, is also effective in other chapters such as Ḥudūd (fixed punishment, Arabic: حدود). One of the signs of puberty (indications of maturity) is Iḥtilām and some jurists have mentioned it as a sign of puberty for women. In contrast, some other jurists have not considered it a sign of women’s puberty and narrations (aḥādīth) have a primary conflict in this regard. Ihtilam’s causality for puberty of women by referring to jurisprudential sources in this article was studied. It was concluded after explaining the jurisprudential narrations and using the common sense (Arabic: جمع عرفی, (فهم عرفی among hadiths, that the narrations in this field can be gathered in such a way that the apparent conflict between them can be resolved and the indication of Iḥtilām to be proved for women’s puberty. It was also found that narrations indicating the causality of Iḥtilām for puberty of women take precedence over other narrations (aḥādīth) by assuming the establishment of conflict using the preferring aspects (forms) between conflicting narrations, and according to the assumption of disreputable mode, the reference is the generality of the necessity of ghusl at the time of ejaculation and the puberty of women is proved.

women’s social relationships and the quality of their presence in society are widely used topics in different times, especially in the present era. The knowledge of jurisprudence is also widely addressed and it is obvious that in the Islamic system, the jurisprudential view of this issue is an inevitable necessity. This issue can be clearly used by reviewing jurisprudential books that the fatwās of many famous Imami jurists observes the maximum abstinence of women from attending to non-maḥrams. This issue by reviewing jurisprudential books can be clearly used that the fatwas of many famous Imami jurists are aimed at the maximum avoidance of women from appearing in front of non-maḥrams (i.e. the opposite sex that one is allowed to marry, Arabic: غیر المحارم). However, in jurisprudential sources, there is no rule in this regard. This article uses descriptive-analytical method to look for answers to two questions: 1- Is it possible to obtain a jurisprudential rule in this field from jurisprudential books, especially the precious book Jawāhir al-kalām (Original title: جواهر الکلام فی شرح شرائع الإسلام, Jawāhir al-kalām fī sharḥ sharāʾiʿ al-ʾislām)? 2- How acceptable is this possible rule? The author concludes that the presence of a woman in front of a non-maḥram is ḥarām (forbidden or unlawful) if it is one of the causes of seduction and sin (one of the most important or [about to happen, imminent] means of seduction), and her veiling is obligatory (wājib); however, if this presence is one of the remote causes of seduction and sin, it is not ḥarām, but it is makrūh (abominated), in a way that does not lead to the possibility of occurrence in ḥarām. Therefore, a rule such as: [The most abstinence of a woman from appearing in front of a non-maḥram is a preponderant and desirable thing in the eyes of the Holy Legislator] can be obtained and defended both from the words of the jurists and from jurisprudential sources. Paying attention to this rule can be effective in inferring jurisprudential rulings in different chapters.

the recitation (Qira'at) of the Qur'an which has been emphasized by the Qur'an itself and the Prophet’s tradition and the Wilāya tradition is one of the issues affecting the Muslim community from the time of the Prophet to the present day. This issue is so important that it is as one of the parts of daily and non-daily prayers, compulsory prayers, Nafilah (Arabic: صلاه نفل, ṣalāt al-nafl) and also mustaḥabb (recommended, Arabic: مستحب) prayers and there is no doubt about it. The point is, is reciting the Qur'an outside of prayer also a compulsory act of worship alongside other acts of worship? Or it is only a mustaḥabb act, and the mukallafs (obligators, mukallafīn and mukallafāt) have no duty to recite the Qur'an, except for the recitation of al-Fātiḥah (al-ḥamd, the Opening or Praise Chapter, Arabic: الفاتحه، الحمد) and the other chapter (Surah, Arabic: سوره) the surah or a part of the other surah in the prayer. The author in this article, seeks to explain that reciting the Qur'an outside of prayer is also includes wujūb and obligation rule (the main issue of the research). This issue is examined by analytical narration method and using Quranic sources and narration (research method) to find out that one of the factors to eliminate the oblivion of the Quran is sufficient attention to its formal and mandatory reading (research motivation). In addition, what the author has reached is the obligation to recite the Qur'an outside of prayer in a compulsory manner, at the rate of at least fifty verses per day. (Research data).

voluntary interruption of obligatory (compulsory) prayers according to the well-known view of the jurists -rather their Ijmāʿ (consensus)- is forbidden. Sometimes ṣalāt (prayer) -in absolute terms- and sometimes obligatory ṣalāt (prayer) are the subject of ruling. In the meantime, issuance a fatwā to interrupt praying (ṣalāt) is permitted only if necessary. It has been cited to the Qur''an, news and the consensus of jurists to prove this ruling. It is necessary to evaluate the evidence of this rule due to the widespread and important nature of this secondary matter (subdivision, branch), which in a more general form has become a jurisprudential rule based on the prohibition of the annulment of worship duties (‘Ibadah worship, religious ritual practice), and also it is necessary to evaluate it due to the evidence of the consensus of jurists on this issue. All the documents of the mentioned consensus seem distorted based on the results of this research, which has been written in a descriptive-analytical method, and there is no reason for this rule -except the documented consensus of the jurists

ajj (Arabic: حج Ḥajj or pilgrimage) hceremonies have special rules and regulations. It is forbidden to do things in this ceremony, one of which is Surma (Arabic: کحل, romanized: kuḥl). There is disagreement among jurists about the use of Surma by a person in Iḥrām during Hajj. The origin of this difference is the narrations and how to interpret them; because in some narrations, the absolute use of Surma has been prohibited, and in other narrations, only black Surma has been prohibited, and the prohibition of Surma in some other narrations is conditionally for the purpose of decoration, and finally, another group of narrations has forbidden the aroma (being fragrant) of Surma. The different types of using Surma and the different assumptions presented in the narrations have caused the words of the jurists to be less orderly in expressing its ruling. The purpose of this article is to categorize the different assumptions of using Surma and examine the views expressed in each assumption and explain its ruling. Well-known (dominant) Imami jurists have generally considered it ḥarām (forbidden) to apply Surma for a person in Iḥrām and have mentioned it as an independent ḥarām along with other prohibitions (forbidden acts) of Iḥrām. It is clear that this dominant (well-known) view can be weakened by examining the narrations of Surma, and there is nothing wrong with using Surma during Iḥrām, and in fact, what has prevented the use of Surma is its aroma (being fragrant) or the intention to use it as an ornament (decoration, to embellish), each of which is an independent and different matter from the nature of using Surma. Therefore, there is no need to mention Surma independently as a ḥarām among the other prohibitions of Iḥrām.