نشریه مطالعات تقریبی مذاهب اسلامی (فروغ وحدت)
پیاپی 56 (پاییز و زمستان 1400)

Qunut is one of the components of prayer that has been constantly disputed in Imami and Sunni jurisprudence. Imami jurists until the early eleventh century A.H., relying on the generality of the narrations, unanimously accepted the recommendation of Qunut in all prayers, but since then, some jurists predicated on the narration of Abdullah ibn Sinan believed that Qunut is not recommended in prayer. In contrast, Sunni jurists only consider Qunut legitimate in certain cases. For the first time, the present article seeks to critique the views of different denominations in this field by abandoning religious prejudices and using credible sources. In this descriptive-analytical study, using library data, the documents of different sects were examined and it became clear that from the Imami point of view, Qunut is recommended in all prayers including the shaf’ prayer and that furthermore, the narration of ‘Abdullah ibn Sinan cannot specify the generality of the recommendation of Qunut. In Sunni jurisprudence, it has also been proven that Qunut is absolutely recommended without any conditions or exemptions in the Morning Prayer, the watr prayer, and when disasters occur, and there is no valid reason to limit these three Qunut to a few specific cases.

The evaluation units and measuring scales are important in the Islamic Jurisprudence and usage of them are completely obvious in different chapters of jurisprudence such as Taharat (cleanliness) and Kurr water, Khums and Zakat, Diyyat, Jezya, Kharaj… besides different economic and commercial affairs. Arabs had no special system for measuring, but after uprising of Islam, Holy Prophet established a new system by commanding a new general rule and the very first law about this subject. He said: “Mizan is the scale of Medina and Mikyal is the gauge of Mecca.” This rule has not been changed with the expansion of Islam in the conquered territories and other evaluation units had been compared. What is a privilege in the Islamic weight units for trade and deal is its constancy notwithstanding the inconstancy of a single system in different systems of territories and tribes; such as Ratl in the Islamic jurisprudence has been unchanged in this 14 centuries. Dhira‘ and Sa‘ are the same. In this article we will discuss about the categorizing and explanation of standard of the scales and their usage in the Islamic jurisprudence.

The status of human ownership of the environment is one of the most important issues in the relationship between man and the environment. Common belief is man’s absolute and inherent ownership of nature and all its creatures that allows complete seizure and destruction of the environment and non-observance of nature rights by man. In this article, by using the library method, the holy verses of Quran related to the subject of ownership and the views of commentators and philologists about them has been described and analyzed. The Holy Qur’an emphasizes that God is the true, inherent and eternal owner of all the various creatures in the world. In the verses that phrases: “سخر لکم”, “خلق لکم” and “جعل لکم” are mentioned, it does not mean proving the right of human ownership over other creatures of nature, but the purpose is to emphasize the correct use of worldly blessings by human beings, to remind them of divine grace and to be thankful for it. However, the Holy Qur’an affirms the right of temporary ownership of man during his lifetime, but this kind of human ownership of objects in the environment is not absolute, real, or original. It also has a framework and limits, outside of these limits are not accepted. Understanding the fact that man has no absolute ownership of God’s creations, leads to greater efforts to protect their rights and respect for their intrinsic value.

Despite the extensive arguments among scholars regarding transactional or devotional aspects of marriage, the legal jurisprudential nature of marriage has not been thoroughly studied from different perspectives. According to the absolute majority of the jurists of the Hanbali, Hanafi, and Maliki, the nature of marriage is devotional, because the condition of choice and ablution is not permissible in marriage, the hereafter aspect is included in it, and concluding a marriage contract is accepted even if it is not legally registered. This is while the majority of Imami and Shafi‘i jurists have considered marriage to be of a transactional nature in which marriage is regard as a legal contract between the parties. Like any other contract, the consent of both parties is considered a condition of marriage, and a woman can refuse to obey until she receives the dowry. Following a library approach and based on analytical-descriptive method, the present study reviews the jurisprudential and legal effects of marriage and gives a general and detailed critique of its devotional aspect from the perspective of the sects. The study indicates that the transactional view of marriage is prioritized over devotional view in the absence of valid evidence to prove that marriage is devotional, although ijtihad arguments can be cited in this regard. Obviously, accepting this approach requires the commitment of the option of choice in marriage and the possibility of compensating for fatal damages in marital disputes.

One of the theological currents of the Islamic world was the I‘tizal current, which began its activities in the Basra region in the first century and over time achieved many advances in the expression of theological ideas. But in the third century, the activities of the I‘tizal current in the Basra school stopped under the influence of several factors. The main question of this research is how did the Mu‘tazila school of Basra get out of the recession? The present study was conducted using a descriptive- analytical method and the result show that Abu Ali Al-Jubba’i, one of the leaders of the Mu‘tazila school in Basra, using measures such as transferring the school from Basra to Askar Mukarram, holding debate meetings, training students and compilation of books and expressing new ideas and confrontation with the opponents of I‘tizal has been effective in bringing the Mu‘tazila school of Basra out of the recession.

One of the basic principles in treatment is to receive accurate and complete information from the patient, and this process occurs only in the shadow of the patient’s trust in the treatment staff. Hence, the secrecy and protection of patients’ secrets has a special place in the health system, as the texts left in this field are evidence of its long history. In the meantime, one of the transformative factors in the field of institutionalizing the need to keep patients’ secrets; The “right-leaning” approach is to the confidentiality of medical records; Because, from one side, in the shadow of this “right”, a kind of executive guarantee can be depicted, and from another side, determining the scope of this right is a fundamental step in promoting the health of the individual and society, because sometimes the necessity of some interests as the result is a conflict between the right to information confidentiality and the right to disclose patient information. Accordingly, the purpose of this article is to prove “the patient’s right to confidentiality and explain its scope”. The question, then, is what components of religious teachings can be used to bind as a “right” to preserve or disclose patient information. The results of the present article, which is organized by relying on library data collection and descriptive-analytical method; Shows that the confidentiality of medical records is a fixed right for the patient, but in situations where confidentiality endangers the health of the patient, others or the community, the physician is not required to be confidential, but in some cases is obliged to inform.

Contract modification has a special place in Iranian law and lawyers and jurists have discussed it in their discussions. Adjustment in its various types, such as contractual adjustment, legal adjustment and judicial adjustment, are the way forward for many contracts and agreements. The adjustment of the contract is made in order to make the contract fair and provide social benefits and support the injured person. In the field of jurisprudence and legal foundations of contract modification, the most important ones are: the rule of non-harm, the rule of difficulty and hardship, the theory of theft of an accident and the theory of an implied condition. And they have reason. Basically, the discussion of adjusting the contract is meaningful when the balance between the obligations of the opposite party is disturbed. It is natural that it is very unlikely to imagine such a situation in a contract where there is no gap between the conclusion and the completion of its effect, or a short time gap, while continuous contracts are always pregnant with facing events that can disturb the balance of the obligations of the parties. Research in the field of contract modification can create a suitable platform for lawyers to theorize and create a suitable rule or rules for contract modification. Also, it helps the judge to adjust the contracts with the help of the above-mentioned rule and theory, considering the silence and legal and contractual void, as well as examining the types of contractual adjusting conditions and the degree of influence and correctness of each of them in Iranian law. It is important for the people to set up long-term contracts correctly and accurately, as well as being comparative, examining the foundations of jurisprudence from the point of view of Islamic Denominations and the evidences that exist in the field of adjusting contracts are new and innovative aspects of research.

The religious society is faced at least with two religious groups in dealing with disagreement issues: the moderate group which sees itself bound to deal positively with different Ijtihads and the extremist group which won’t tolerate Ijtihads from any other denomination which leads to divergence in society. The current research studies the ethical principles and components important in dealing with differences in Ijtihad, through a Jurisprudential and descriptive-analytical method. By the findings of the research an ethical person is bound to these principles in dealing with differences in Ijtihad in order to perform ethical principles and component. Principle of trusteeship in transferring viewpoints and reasoning correctly and avoiding cutting comments and principal of neutrality and professionalism and avoiding insulting in describing and analyzing the data. In this matter two rules are applicable. Consideration of difference’ (Mura‘at al-Khilaf) meaning giving credibility to different viewpoints in a jurisprudential issue and “the rule of leader resolves the disagreement” which is a jurisprudential–political rule relating to resolving the disagreements in Ijtihad by the Leader. Furthermore, with the convergent pattern centered performance of rational and religious leaders including Imam Sufyan Al-Thawri, Imam Al-Shafi‘i and Sheikh Mahmoud Shaltut we can attain the manner which can we deal with disagreements in Ijtihads.

Morality as a state of mind is an up-to-date and practical issue and has a great impact on the occurrence of actions of individuals in society. The main question of the research is what is morality and is it within the concept of justice or is it another condition? By referring to the library and using the descriptive-analytical method, the findings indicate that the general morality is doubtful, it is a high level of justice that is a condition in cases such as a judicial officer and a religious witness. Morality can be equated with professional and organizational ethics and a kind of harmony between one’s social personality and the two elements of time and place.

Knowing the principles of interpretation of the various commentators is very crucial to understanding their interpretations. In the introduction of their commentaries, most of the commentators have mentioned their interpretation principles; Al-Tahir Ibn Ashur is one of the greatest commentators of the school of caliphs; Hussein Fadlullah is also one of the commentators and researchers of the Shiite school. Although these two commentators have written valuable commentaries, their commentaries have not yet reached their proper position and remain unknown in many respects; Due to the importance of these two interpretations and also because of the role that these two interpretations can play in proximity of the views of the two Shiite and Sunni schools, this article tries to introduce these commentators by referring to these interpretations in a comparative analytical way to extract the interpretive principals of these commentators and has stated the aspects of their coincidence and difference; except in the case of abrogation, in many cases they had very close and consistent interpretive principles.

Imams (AS) have always preached the unity of Muslims in various fields, including the field of Quranic reading. In this regard, the role of Imam Baqir and Imam Sadiq (AS) is important due to the coincidence of their lifetime with the prevalence of variant readings in the Islamic world and the lifetime of famous readers, including the seven readers. In the face of different groups in the field of Quranic readings, Sadiqayn (AS) adopted two main approaches to maintain the unity and solidarity of Muslims in the issue of reading the Qur’an: 1- Defending the authenticity of the revelation and reading of the Qur’an; 2- Validating the famous readings. In fact, by accepting the predominant reading stream in the Islamic world, they called on their followers to align themselves with the whole of Islamic society, which was governed by prominent reading and took special care to preserve the reading tradition of the Holy Prophet (PBUH). They tried to remove any differences and contradictions in the field of the Qur’anic readings between different Islamic groups. Sadiqayn (AS) warned the people against joining the uncommon reading stream and dealt severely with another stream that was formed by the exaggerators and deliberately sought to spread the idea of Quran’s distortion and controversial issues in the Islamic society; However, the destructive effects of the mentioned stream may still be present in some of the quotations which have been addressed in this study with an analytical and critical approach.

This article deals with the phenomenon of contemporary Salafi movements such as al-Qaeda, the Taliban and ISIS. The emergence of this movement and its feedback in the world led to serious questions in the field of ideology or ideologies of these groups. Is behavior and thought related to Islam, books and traditions? This article seeks to explore the causes of this phenomenon by entering the field of history. According to the authors, Salafi ideas, although indebted to the early days of Islam and the views of the companions of hadith, are systematically overshadowed by the ideas of Ibn-e Taymiyyah. The nineteenth-century Salafi movements were an attempt to update these ideas, which was completed only by Muhammed bin Abdulwahhab. But it was Abu Ala Mawdudi who redefined these ideas systematically and scientifically and in accordance with the current realities of society; And the interesting point is that Mawdudi is one of the thinkers who is strongly opposed to religiosity and can be called one of the heralds of the approximation of Islamic Denominations in the contemporary era.