پژوهشنامه متین
پیاپی 95 (تابستان 1401)

“Tabador” and “Insiraf” are among the outstanding issues in terms of figurative expression and veritative expression as well as “Mutlaq” (a word capable of being thought or conceived by itself) and “Muqayyad” (a word with restrictive clause attached to it) in Islamic jurisprudence. Jurists, including Imam Khomeini, have invoked to these terms in various jurisprudential discussions. Tabador is used when the mind goes directly to one meaning the moment we hear a certain word, thus it has a positive implication. However, Insiraf refers to inferring a specific meaning from a generic word and not to implying the basic meaning which is general, hence it has both a positive and negative implication. Despite wide use of the two words in jurisprudential reasoning and their impacts on inference of Sharia rules, findings of this paper, developed through an analytical-descriptive methodology and based on library sources, indicate a sort of disintegration between theoretical studies and understanding the concepts of these expressions in Islamic jurisprudence and the way jurists use them to define jurisprudential issues. In many cases, the jurists use the words synonymously with toleration, considering no difference in meaning between the two; however, it seems that instead of the word “Tabador”, where its meaning strikes the mind as a result of existential preponderance or overuse, which is inappropriate, the word “Insiraf” must be used. Similarly, when the word does not encompass one of its meanings, the use of Insiraf is inappropriate and it should be replaced with Tabador.
Keywords: Tabador, Insiraf, inference of meaning, overuse, figurative expressi

Since governments need financial resources to survive, Islam has put Zakat (a form of obligatory almsgiving) into legislation as a source of financial support. The significance of this financial-religious obligation is so huge that it has been repeatedly mentioned in the Holy Quran along with the emphasis on praying. This paper intends to find an appropriate answer to the following question: Is it necessary for the government to create a mechanism for realization of this religious duty? This study resorts to a descriptive-analytical method and uses library resources to find an answer to this important question. Some of the due usages of Zakat have been expressed in the Holy Quran with a governmental approach, such as assigning agents for enforcement of Zakat which clearly indicates establishment of administrative institutions for collecting Zakat, or the use of Zakat “in the cause of Allah”, which has many other uses such as for development, healthcare, education and charity affairs. Also, using Zakat revenues for softening the hearts, that reveals reinforcement of military front in Islamic government, the Quranic commandment asking the Prophet (pbuh) to “Khoz” (collect) Zakat, to assign Zakat agents and collectors, as well as appointment of Zakat workers and agents by the Infallible Imams for collecting Zakat revenues are among other uses of this system of alms-giving. Given the above, it can be concluded that establishing an institution for Zakat in Islamic government is a must.

Governments are in need of creating organizations for public service or public interests to fulfill their sovereign and social responsibilities. In terms of enactment and enforcement, organizations act upon a set of principles and rules. These principles are trans-organizational in nature, i.e. they are available inside and outside the organization and ready for use. The most outstanding principles, to that end, are the rule of law, hierarchy, concentration and non-concentration, consultancy, scientific management, and civil liability. Since these principles play key roles in establishing order, solidarity, abiding by law, and popularity of the executive organizations, there is a need for proportionality of these concepts with Islamic criteria. The methodology of this work is based on library studies and document research as well as reviewing books on law and jurisprudence. In Islamic system of government, the principles of administrative organizations come from religious essentials, possessing fundamental, constructive, general, constant, sustainable, orthodox and practical elements. Paying attention to principles of Islamic administrative organizations will indeed result in fostering of social organization and environment and its establishment will safeguard the rights of people, prevent abuse of power, and help establishment of the concept of justice, order and responsibility.

The rule of beneficence, as one of the elements for extinction of liability, is practiced both in Imamiyah jurisprudence and civil law. By virtue of this rule, when a person imposes harm to life or property of another person with an intention of doing good, in case of taking required precautions and observing legal regulations by the doer, he shall not be a guarantor and must be exempted from liability. This work, developed through a descriptive-analytical method, intends to identify fundamentals and links of this rule with other jurisprudential and legal principles. Findings of the paper indicate that benefaction both encompasses the concept of prevention of harm or loss and gaining legal profits. Therefore, in terms of charitable work, it may be practiced vis-à-vis general public, certain persons, and even the doer himself. As in terms of the effect of the rule of beneficence on removing obligations resulting from civil liability, it can be clearly expressed that the benefactor is not obliged to indemnify damages. Besides, given the existence of the rule of beneficence, he must be exonerated from criminal liability.

The issue of family court proceedings is one of the important discussions in the field of family law and judiciary bodies dealing with family affairs. It must be definitely claimed that failure to observe some principles in court proceedings related to family lawsuits may render rules and verdicts of family courts invalid. In this paper, we have tried to find an appropriate answer to this essential question: Are the court proceedings special for family lawsuits founded based on certain principles? In response to the above question, while investigating the sensitive position of the family institution through a descriptive-analytical method and based on rules and regulations, the efforts by the legislator to enact laws related to this important institution of the community have been hypothesized. This is, on one hand, to take into account various individual, social and family considerations, and on the other hand, to enact laws for sustainability of family relations. Therefore, undoubtedly certain principles must govern family court proceedings. The legislator has paid special attention to observing what is good for children, young adults and women according to the principle of expediency – which is a jurisprudential principle – and has avoided unnecessary formalities in family court proceedings in line with observing what is good for families and accelerating settlement of family lawsuits. Given close connection of family lawsuits with public order, the need for private session of court proceedings is proposed. Finally, referring all family lawsuits to arbitration is requested as a Quranic and jurisprudential principle. In the midst of discussions, we have reviewed Imam Khomeini’s views when needed.

The possibility of establishing a sperm bank in Islamic countries, in tandem with non-Muslim countries and specifying limits for its use, is among newly found issues of medical jurisprudence. This paper, developed through descriptive-analytical method and based on library documents, intends to prove that based on Imamiyah jurisprudential criteria, and in some cases, according to the jurisprudential and theoretical fundamentals set forth by Imam Khomeini, there is no legal problem with establishment of sperm bank but its application must be confined to freezing sperm for research purposes and for “insemination with ovum of the wife of the owner of sperm, when both are alive and married”. Therefore, receiving sperm from a male person and freezing it for donation or for any other transfer to non-wife receiver for insemination with her ovum as well as transferring sperm to the wife of the owner of sperm after his death is not permitted because with the death of either of the spouses, the conjugal relationship shall be expired and there only remains the intimacy relationship. Buying sperm and keeping it in the sperm bank for research purposes and medical tests shall be also permissible due to its rational benefits in case its production in non-emergency conditions is not through electrical stimulation, vibrator or masturbation.