مجله پژوهش های فقهی
سال هجدهم شماره 4 (زمستان 1401)

The attribution of infidelity or Islam to religious dissidents has been one of the most important issues that has always preoccupied Muslim thinkers. The present research, using a problem based approach, has made a pervasive inquiry into the jurisprudential texts and has extracted at least three views in this respect. The results of the research indicate that although the theory of absolute infidelity of religious opponents is observed in the opinions of some Shi'a Akhbari jurists, this view does not have a strong support and a significant number of jurists have distinguished between the obstinate and non-obstinate opponent and also between a negligent and guilty opponent. They hold that the attribution of infidelity to religious opponents, assuming their lack of guiltiness and stubbornness, has no justification and is controversial. The present study, by adopting a descriptive-analytical method, has counted the existing statements and has measured and evaluated the documents of each of the views. Finally, it has found the recent view in accordance with the Imamiyyah criteria.

Serious presence of jurisprudence in individual and social fields of art requires thematic study and consequently semantics in accordance with its characteristics. However, no door has been opened to the understood traditional subject of art in order to be defined within the common thematic study of jurisprudence. Therefore, in order for the jurisprudence to have an active role in the different areas of art and to determine an effective strategy directed to jurisprudence, it is necessary to extract the method of understanding the meaning from jurisprudential categories and to use it in the definition of art. Considering that the innate impossibility of giving a definition of the subject of art is a secondary challenge to achieve this goal, this research, using a descriptive-analytical method, attempts to have a review of semantic methodology of jurisprudence. Next, it tries to take use of the methodology to understand the meaning of art and to give a clear definition of it so that it guaranties the sociology and common aspects of art. Accordingly, in the first step, the semantic process of the subjects of jurisprudence has been set out through studying the evidences provided by the jurists. Next, rejecting the innate impossibility of giving a definition of art, some elements have been proposed as non-innate definition. The elements have two important characteristics: First, the fluid, traditional, and sociological aspects of the art have been considered within the elements. Second, their consistency with the methodology of the jurists in understanding the common meaning of art provided the maximum consistent with jurisprudence to digest the meaning of art. As a result, it will be possible to determine the individual and social aspects of it.

Today, human social relationships had a significant development in the light of cyberspace. The wide and easy communication, despite the various opportunities available, has created new damages for the man. Lack of paying attention to these damages will put social foundations in serious risks including the damages caused by the disclosure of secrets in cyberspace which play a significant role in disrupting the individual and public security. Accordingly, the present research identifies the operational strategies of controlling cyberspace in order to prevent the damages caused by disclosure of secrets through taking use of upper hand documents and public policy making. Considering that the positive law foundations are based jurisprudential principles, it analyzes and studies the relationship between of operational strategies and jurisprudential principles. The findings of the research indicate that some strategies are consistent with jurisprudential principles and there is a need to review other strategies for establishing a relationship between them and jurisprudential principles.

In order for the jurisprudence to be more effective and efficient, it needs factors like thematic study. Although this matter has been the concern of the jurists and has been studied somehow in the past, the scientific mobility of jurisprudence is dependent on the thematic study based on a systematic structure in order to have a good control of the wide range of this knowledge. It also needs reconstruction in order to accept the previous jurisprudential statements and the recent jurisprudential needs and to direct the research and teaching through changing new devices. The main question is what is the solution for thematic study of jurisprudence with regard to the predicted expectations? This study, using a descriptive-analytical method, proposes a strategy for thematic structural study of jurisprudence based on the identification of the system of terminology in order to answer the same question.

A number of occupations necessitates that the people deal with risk like frontier guards, battlefield fighters, security police, firefighters in high-risk situations, and other occupations in which the duty and commitment naturally involve danger and endurance. Although both jurisprudentially and in accordance with the principle of Article 152 of the Islamic Penal Code, urgency removes punishment, the legislator, under the note to this article, has not allowed individuals responsible by law or duty to cite danger and urgency to leave duty and the breach of obligation is considered a crime entitled to punishment (criminal responsibility). The validity of this note can be documented based on evidences and jurisprudential principles; in this way it can be justified and legitimatized. The rule of action, the sanctity of escaping, the pervasive principle of the sense of responsibility, the sanctity of assistance in doing sin, the necessity of achieving the mental security of society, are some of the principles of the rule in question. The research method is descriptive-analytical and based on library resources.

The knowledge of the judge is one of the proofs of the claim in Imamiyyah jurisprudence and criminal law of Iran. The knowledge may be obtained from the contents of the case or from the judge's sensory observations. Despite the fundamental differences of Islamic penal policy in response to prescribed and punitive crimes, specifically crimes against chastity, using the knowledge of the judge will lead to a policy of tolerance or strict criminal punishment for these crimes. This article examines the views of the jurists in this respect and concludes that the general policy in crimes against chastity is forgiveness, impunity and tolerance, but in the case of rape due to the violation of public decency and deprivation of security of individuals and society, the policy of intolerance and maximum acceptance of the knowledge of the judge is dominated as one of the most important reasons to prove the claim. Also, Iran's criminal law has taken the same procedure in response to this crime.