مجله مطالعات فقه تربیتی
سال نهم شماره 17 (بهار و تابستان 1401)

Teachership studies and its localization and Islamization are necessary, and on the other hand, pedagogical jurisprudence as a new approach in education research is constantly being produced and developed. The present article tries to focus on one of the branches of pedagogical jurisprudence and discuss the capacity and background of Islamic jurisprudence for the design and establishment of teachership jurisprudence. The present article relying on descriptive and analytical method aims to address the question as to what issues of teachership have been discussed in the jurisprudential tradition and legacy left by early Muslim scholars. After the investigations, it was concluded that topics such as the rule regarding teaching sciences, the Islamic law about hiring someone for teaching, the teacher's liability, and the rules concerning certain teaching methods have been raised in jurisprudence. However, these topics have not been expanded quantitatively and qualitatively when they have been touched upon in chapters, such as rent, Juʿāla, compromise, endowment, zakāt, etc. and it is necessary to try to create and develop "teachership jurisprudence" in addition to identifying the type of issues and designing a system to deal with those issues.

Cultivating discipline in children and teenagers to regulate their activities and behaviors based on the teachings of Islam, the laws of the Islamic government and the norms accepted in the society is extremely important. Many problems in different areas of human life are caused by chaos, confusion and a lack of discipline. Therefore, fostering discipline in children and teenagers is the basic pathway to solve these challenges. The current research examines the role of the family institution in fostering discipline in children and adolescents from a jurisprudential point of view. The important question is: What is the religious duty of the family institution in fostering discipline and cultivating good habits in children and teenagers? In order to discover the ruling, the verses, traditions, jurisprudential teachings and the dictate of reason have been analyzed in an analytical and inferential way. Based on the findings of this research, in cases where disorder and lawlessness lead to leaving out the obligatory duty and falling into harām, as well as to damage or chaos and disruption in the social life system, it is obligatory for the institution of the family to cultivate order and discipline in children and adolescents.

his article examines and analyzes child custody from a juridical perspective. Using a descriptive-analytical method, the article seeks to explain child care and custody aimed at protecting his interests in accordance with the teachings found in reliable jurisprudential and educational sources. What emerges from jurisprudential sources is that custody is divinely ordained and it is obligatory on the guardians to protect the child. The necessity of taking care and custody of the child is based on his best interest and the need to educate him under the supervision of a caring and dependable person so that he does not suffer any harm. The conditions suggesting who is entitled to take custody on priority basis are the proof that the physical, mental and emotional upbringing of the child is the main goal of custody and is the focus of Islam's Sharīʿa law. Therefore, when there are signs of the custodian's incompetence, the custody is immediately transferred to a competent person. Because children without custody and deprived of education is one of the problems of today's society. The problem can be solved from the point of view of jurisprudence and education by taking care of them from the first days of birth.

Harassment is any unwanted behavior, physical or verbal, that makes a reasonable person feel uncomfortable, humiliated, or mentally distressed. It is one of the prohibitions that has many evil consequences and negative educational effects, and for this reason, it is considered an important obstacle in the way of humanity and human society to reach growth and perfection. Due to the high incidence of harassment in the society, it is highly important and necessary to conduct a research in this regard to identify and examine its educational effects. In this research, which was carried out in a descriptive-analytical way with the aim of identifying and explaining the effects of harassment, it was found that harassing others in any form and manner is forbidden and its prohibition is not confined to believers. It was also concluded that harassment leads to various negative nurturing effects, such as weakening the victim's self-confidence, creating hatred and enmity in him, weakness or deterioration of brotherhood, prevalence of violence and aggression in the society, lawlessness and disturbance of mental peace of the victim, the loss of the unity and integrity of the society.

The process of growth and education and especially the three stages of growth and education in Islam have received special attention. Nevertheless, there is less comprehensive in-depth investigation in this area. The current research aims to extract the three stages of growth and deal with questions related to them. In addition to extracting the stages of growth and education, it has addressed more complete questions and issues. This research explored the stages of education with a qualitative method through conceptual analysis of the intended narrations. It has answered seven questions pertaining to the subject-matter.According to the findings of this research, seven narrations refer to three stages in education. The different ages mentioned in the narrations are due to the difference of people and cultures and they are flexible. The narrations have specified the principles governing the process of growth and education in all the periods. During the first period one has to help and tolerate the child and behave with him like a friend. One should not be strict and hasty in educational affairs. Instead, he should try to play with him and entertain him.  In the second period, the parents should give importance to the child's literacy and education. And in the third stage, the parents should continue to educate the child in order to teach him discipline and ḥalāl and ḥarām things. Therefore, disciplining and training take place in all stages of development. To particularize certain characteristics for the mentioned periods is not acceptable. It is for all trainers and planners to consider these principles.

The intellectual domain is one of the basic domains of education. Therefore, it is important to pay attention to the factors of the maturity of intellectual abilities and talents of the trainee and the responsibility of the responsible institutions in this field. This research has been conducted with the aim of obtaining the obligatory rules and the duties of the family institution regarding the mentioned area with a jurisprudential approach.  The author uses a descriptive-analytical method based on the jurisprudential method (ijtihād and inference from evidence). The results of the research show that, from the point of view of jurisprudence, the intellectual domain of education is important. To ensure the well-being of the faculty of intellect and prevent possible injuries, a series of measures have been introduced in the form of jurisprudential propositions. Certain institutions have been introduced to be responsible for this educational and pedagogical area. The family is the first social institution that has a duty towards the rational sphere of its people. From the point of view of jurisprudence, teaching intellectual rules is mandatory in both theoretical and practical areas of the family. Also, guiding the intellects to know the principles of intellectual belief is one of the obligatory duties of the family. Teaching non-compulsory intellectual rules is recommended. It is recommended for the family to strive to promote and strengthen the mental and intellectual excellence of their children. Also, it is recommended to teach children wisdom in order to help them become wise and thoughtful people in the family. Also, it is important to take care of the mental health of the children and to prevent the birth of a child from being born with the characteristics of stupidity, insanity, and madness. It is recommended for the father of the family to choose a good mother who does not possess any of the aforementioned characteristics.

The special architecture of the educational atmosphere and the appropriate design of its various dimensions have always been among the concerns of experts and pedagogues. Today, it is considered as the physical environment on the periphery of formal education. In fact, the physical environment and components such as the cognitive, social, and organizational environment, which are outside the planning of the educational system and have a significant impact on learning, are called hidden education. Setting up a building in a school, according to the studies of visual stimuli, the architecture of the educational space and the open space, and these characteristics play an important role in creating a calm atmosphere away from mental anxiety for the active and dynamic learning of the trainee. The visual stimuli are an important element in stimulating the talent, abilities and creativity of the trainee, which are divided into color, light and window. Paying attention to the components that affect education is very important. On the one hand, the lack of attention of education experts to these indicators doubles the importance of research in this field. On the other hand, understanding the jurisprudential rule and a look at the indicators of visual stimuli leads to the determination of the duty of the supervisors and education officials, as well as to legislation in the field that education experts describe and analyze. The current research aims to answer the question, "what is the jurisprudence's view on visual stimuli as an indicator of hidden education in school"? This study reached the following results with the analysis method and ijtihād based on the Qur'an, textual sources and history: Painting the physical environment of the school in yellow, green and blue colors is recommended.  The use of light (electric bulbs) and installation of windows are recommended based on the principle of contribution to righteousness (birr).

Man is the subject of education which is a time-consuming and gradual process both in terms of the one who provides it or receives it. One of the general principles of pedagogy is the principle of gradual compliance whose purpose is to carry out pedagogical activities in a slow-paced and gradual process. The application of this principle in the education process requires checking its legality at the beginning. Therefore, the main question of the article at hand is, "what are the foundations and religious proofs of the principle of gradual compliance from the point of view of educational jurisprudence"? The present study seeks to find answers to the above questions with inferential and analytical methods and through the examination of Qur'anic and textual evidence. In stating the most important research results and findings, it should be noted that based on the rule of reason, gradual compliance and avoiding haste in education is rationally preferred. Something that is rationally preferred is also desirable according to Sharīʿa. Anecdotal evidence also suggests the preference and desirability of gradual compliance in the education process by educators, and if non-compliance causes disgust with the principle of education and provides the ground for the trainee to go astray, gradual compliance will be mandatory. The principle of gradual observance in terms of inclusion and scope includes all areas of education and in each area it includes both the type of educational content and the method of presenting the content.

The domain of emotional education is one of the domains that are highly crucial to people's personality. The role of parents in the early years of the child as the first and most important factor of upbringing is very prominent inasmuch as they have special duties to fulfill. The current research seeks to discover the Shari'a ruling on the duties of parents in this area. In order to achieve this goal, the jurisprudential proofs concerning the parents' duties must be analyzed using an inferential method. By using some general proofs such as the verse "Wiqaya"[3] and the verse "Muḍārra" as well as some traditions of good discipline, it is possible to prove the obligatory duty of parents in some cases. Considering the traditions related to the first seven years and the characteristics of this period, the following duties can be deduced for parents: kissing, caressing and hugging, playing with the child, leaving the child free, managing their emotions and meeting the needs of the child.

Tarbiya (proper upbringing), addressed by scholars from different dimensions, is one of the most complex and important skills in enabling human beings to achieve perfection. One of the most important and effective areas of education is sex education. The general rules of jurisprudence, which are based on verses and hadiths and can be applied to educational issues, can express the strategy needed in sexual education. Therefore, the present article aims to present a jurisprudential rule concerning the interaction between jurisprudence and sex education. The researcher is trying to answer the question as to how it is possible to derive the rule of "no sexual stimulation for children" from valid jurisprudential evidence.In the present article, some of the arguments associated with the rule mentioned above are examined by relying on an inferential methodology. It seems that it is possible to extract the principle of no sexual stimulation of children by examining the proofs of the prohibition of sexual intercourse in the presence of children, the narrations concerning the need to separate the bed of ten-year-old children, the narrations regarding the necessity of covering the private parts in front of children, the proofs of the necessity of covering the child's private parts, and the narrations concerning the prohibition of kissing a six-year-old female child.According to the aforementioned rule, it is forbidden for parents and educators to behave in a way that provides grounds for sexual stimulation in trainees in all of their educational actions that take place in front of children and trainees.

Religiousization of science and discussion of "religious science" has been the focus of many debates and there are different minimalist and maximalist viewpoints about it. The most important field of religious science among experts is the humanities which are academic disciplines that study aspects of human society and culture. Access to Islamic human sciences has a special position in the engineering of Islamic civilization. The main purpose of this article is to examine the reasons for the "Islamization of humanities" from the perspective of Islamic jurisprudence. This research uses the inferential methodology in deriving rulings from Qur'anic and textual evidence. The results of the research indicate that the three rules such the negation of the domination of the infidels (i.e. maintaining the independence and self-sufficiency of the Muslim community), promoting the "birr" (righteousness) and prohibiting the acquisition of knowledge from anyone other than the Ahl al-Bayt (a) can be stated as some of the most important jurisprudential arguments for the "Islamization of the humanities". The conclusion drawn out suggests the necessity of producing Islamic humanities.

Nushūz is the state when one spouse violates his or her marital duties. Nushūz, in the term of most jurists, is equated with disobedience or refusal to obey. It is the discharge of the wife from the lines of obedience that have been obliged, forbidding the husband from having fun with him, leaving the house without the permission of the husband because she knows that the husband will not allow her.  When the wife leaves the obligatory tasks that God Almighty has placed on her in relation to her husband, she is called Nāshiza. In this study, the author wants to use the verse 128 of Sūra al-Nisāʾto emphasize the fact that disobedience (nushūz) is not exclusive to women, rather if a man neglects to fulfill his obligatory duties such as alimony, obligatory cohabitation, the right to share the bed and fail to fulfill other obligations during the marriage, it is considered nushūz, and a woman can resort to solutions such as advice and admonishment, demanding rights, referring to a qualified Mujtahid to get her husband to fulfill his duties. But such an action is never taken by the wife due, mainly, to the fact that she is, in most cases, unaware of her rights. This article uses library resources and explanatory-analytical method to extract the opinions of jurists and the legal position, by explaining the true meaning of nushūz and determining its limits and consequences and solutions in the Qur'an. It concludes that women too, like men, can demand their rights in the event that their husbands are recalcitrant.