پژوهش نامه فقه اجتماعی
پیاپی 22 (بهار و تابستان 1402)

Talking about security jurisprudence without discussing the ijtihad methods of security jurisprudence is a fruitless task. Because the inference method of the jurist finds direction by knowing the existing methods of inference, and the jurist creates a basis for himself by examining common methods, and this prevents jurisprudence and jurisprudence.The main question of this research is related to unity or multiplicity of inference styles in jurisprudence chapters. In this sense, is the inference style of the jurists the same in all jurisprudence chapters, or are individual and religious chapters different from social and political chapters, including security jurisprudence? In other words, is security jurisprudence and the derivation of propositions and rulings related to security from sources such as the Qur'an and hadiths, the same as deriving the rulings of prayer and Hajj from evidence, or is it different from it and has a special method? In addition to the issue of security jurisprudence, this discussion is also effective in other chapters of jurisprudence such as deriving political propositions, rulings on jihad and defense, rulings on production and weapons of mass destruction, family rulings, etc.The current research, by adopting the descriptive-analytical and documentary method and by using the library technique, shows that there are two opinions or, more precisely, two procedures in relation to the methodology of deriving security jurisprudence propositions. The existence of two procedures indicates that in some cases, people are not willing to express their opinion directly, but their practical procedure of inference shows this phenomenon. These two procedures can be called "identification of security jurisprudence propositions with other chapters" and "non-identification of security jurisprudence propositions with other chapters".

Determining the criminal reaction to the crime is the most important stages of the criminal procedure. In such a way that the improper performance of the criminal justice system at this stage not only causes waste of money, but also provides the basis for public distrust towards the legitimacy of the judicial system and fails the judicial system in achieving its goals. Considering the wide scope of Ta'ziri compared to other punishments, paying attention to the regulation finds a special place. Criminal regulation is the movement from mere punitive responses in response to crimes, to regulating the problem in each case; In such a way the type of punishment depends on the type of crime, the character of the criminal and his readiness to accept his guilt and responsibility for damages caused by his crime, the presence or absence of the victim and attention to his requests if any, the amount of damage that occurs as a result The crime has entered the public order and other characteristics related to the criminal phenomenon can be changed. The history of punishment in Iran's procedure indicates that due to the lack of use of the concept of regulate In the creation of limitations for the judge in this regard, there is no specific model regarding the process of determining the appropriate punishment. the evaluation criteria are not detailed. In this study, while analyzing the concept of regulation, the feasibility of its application with Sharia principles such as the rule of al-Tazir with the guidance of al-Hakim, the rule of permission in the object, etc., in order to implement it in the criminal system and finally predict the independent center of punishment regulation

Following the religious teachings shows the high position of "resistance" in the military, economic and political fields, so that resistance can be introduced as one of the macro and long-term strategies of Islam. "Cultural resistance" is one of the important dimensions in Islamic resistance, which protects religious culture from possible harm in the usual frictions of the world society.In this regard, this research, by collecting information in a library method and by analyzing them in a descriptive-analytical method, tries to follow the approach of governmental jurisprudence to cultural resistance with the question that governmental jurisprudence in relation to cultural resistance has capacities Does it have? In other words, with what means does the government jurisprudence protect the religious and national culture against foreign culture?The findings of the research show that the confrontation of "government jurisprudence" with culture can be drawn in three horizons, because "government jurisprudence" is sometimes aimed at preventing the influence of foreign culture, and sometimes it is related to the preservation of religious and national culture. Components such as the rule of negating mustaches and the rule of negating influence are effective in preventing the influence of foreign culture, and rules such as the sanctity of keeping stray books, apostasy, and jihad can protect the privacy of religious culture from harm, as well as the recommendation to preserve righteous traditions and the approval of national holidays such as Nowruz shows the efforts of government jurisprudence to preserve national values.

Since earliest times, money has been a medium of exchange, a measure of the value, and store of value. The newest developments in the field have made us face a new type of money known as cryptocurrencies which, contrary to the traditional forms, are not controlled by states. This has given rise to questions on their legitimacy. This article provides both a jurisprudential and conventional understanding of the issue with some explanations about their functions and benefits and harms. First, we have sought the possibility of attributing finance to this new type of money and after approving it, its transactional structures are presented. According to jurisprudential definitions, one can adjust acts such as bai’(contract of sale) , solh (amicable arrangement), and undetermined contract to transactions that use cryptocurrencies. We have concluded that, contrary to current oppositions, we can confirm the validity of transactions based on cryptocurrencies.

The legal consequence of the wife's addiction is the prescription of remarriage for the husband, and the legal consequence of the husband's addiction is the right to divorce for the wife.The main challenge in this field is how to balance the rights of each spouse in the assumption of addiction of the other party.In this article, the difference in the effect of addiction on the sexual ability of men and women and, as a result, the ability to fulfill sexual duties, has been analyzed in a descriptive-analytical way and by using the legal and medical resources available in this field.The results of the research show that since the consistency of male sexual power is based on the erectile factor and medical findings have shown that addiction causes erectile dysfunction, Therefore, a man's addiction plays an essential role in establishing a marital relationship, and without an erection, establishing a relationship is ruled out, While in women, first of all, addiction does not play a major role in their sexual ability, And secondly, even with disruptions in the time and period of menstruation or a decrease in a woman's sexual desire, due to the passive role in the marital relationship, the principle of the relationship is not ruled out.Therefore, the enforcement of the rights of the wife or husband should be interpreted based on "the type of addiction effect on men and women" and in the light of "marital rights of couples".

Although the law "Tax on Luxury Houses" was approved in the Islamic Council in 2019, the debate about its legitimacy is still ongoing in scientific and executive circles, since this issue is one of the newly created issues and, of course, a part of the book. And there is no tradition and sayings of jurists in this regard, and therefore it is necessary to convince the audience (owners of luxury houses) and ultimately public opinion regarding the legitimacy and necessity of this law, and explaining the legal foundations of this law increases the strength of the guarantee of its implementation.This research was conducted with the aim of investigating the legitimacy of the tax on luxury houses, which is analytical-descriptive and library collection method. Its findings indicate the legitimacy of the "Luxury House Tax" based on valid jurisprudential reasons. The rules of "No Harm", "Government Order", "Sirah Al-Aqla" and "Rule of Reason" are among the reasons to be mentioned in the legitimacy of "Luxury House Tax".

In Islamic jurisprudence, arbitration is recognized as having the same nature as judgment, and it is considered to be a type of judgment itself. In the position of distinguishing the authority that issues judgments, the jurists have placed the judge of tahakim (which is the same as the referee) next to the judge appointed for the purpose of the chapter of hostility.In Imami jurisprudence, the possibility of collective judgment and arbitration is sometimes accepted in cases such as the issuance of a verdict in the case of a consensus of several judges. Also, the division of time or regional or jurisdictional work among judges has been accepted; However, considering the difference between collective judgment and council judgment, what is important is the answer to the question of whether it is possible for council judgment and arbitration by maintaining the independence of each judge and arbitrator and with the criterion of accepting the majority opinion, based on the jurisprudential foundations of the Islamic legal system. Legitimacy was given, and if legitimacy is proven, what evidence can support this way of judgment and arbitration?The issue of council judgment in jurisprudence texts has been less addressed by jurists. There is a possibility that the lack of consistent and lengthy jurisprudential literature on this issue is due to the silence of the Shariah and the lack of a narrative reason with a direct and explicit implication in negating and proving the legitimacy of the council's judgment and arbitration. However, the silence of the Shariah in proving the legitimacy of the council's judgment and the lack of coherent jurisprudential literature is not considered a valid reason for denying its legitimacy.

The fourth principle of the constitution stipulates that all laws must be based on Islamic principles and that it is the responsibility of the jurists of the Guardian Council to determine them. What has been discussed, is the judgement of the criterion of compliance of the laws with the legal criteria, considering the differences between the judgements of the pundits. One of the theories that can be proposed, which has not been studied so far, is the theory of easier judgement. The author tries to rewiew it for the first time in the position of a standard judgement. Among the foundations of this theory is the rule of “taisir”. The theory of easier judgement is examined with several criteria and it becomes clear that the theory due to lack of sufficient and necessary basis in Imami jurisprudence and insufficient use of characteristics such as: Comprehensiveness, acceptance among jurists and sufficient power in resolving interests and corruptions, do not have the necessary strength to be considered as a standard legislative judgement.However, it should be said that ease, considering its importance in Islam, can be considered as a rule for measuring and identifying standard judgement.

Faqihs are from amongst people and have two distinct juridical and customary states. They sometimes engage with Fiqh (delivering rulings from religious sources) and issue religious rulings, while at other times they attend to general or particular customary affairs. Given that they enjoy authority in issuing rulings, judgment, and governance, what they have taken on in these three areas could be studied with regards to their different states- using the ideas and teachings of Imam Khomeini. This paper is trying to answer the question that while implementing their authority, on what occasions Faqihs utilize their juridical state and when they use their customary state. With a descriptive and analytic approach, this fundamental study comes to the conclusion that today Faqihs are often using their customary state in judgment and governance, whether limited - such as orphans' custody - or general - such as leadership and administration of the society - and only on rare occasions they may come to use their juridical state.

The marriage of a muslim man and a woman who are bonded to different jurisprudential religions causes some disagreements in courts especially regarding personal problems. Triple divorce in one session is one of these issues which is a revocable divorce in Imamiye and is irrevocable divorce based on the ideas of the most jurists of Sunnah. Based on the survey of this researcher in some border provinces due to the widespread use of triple divorce in one session and the silence of the rule in this issue the difference effects of revocable and irrevocable divorce and the fact that the divorce is a monolateral right but it affects on both sides, this topic has been selected for the study. We will answer the questions that in performing the triple divorce which side's opinion will be respected and on which basis it must be performed? Although from the viewpoints of shiites one divorce and based on some fatwas no divorce has been performed but based on Sunni religion three divorces has been performed. This research which has been done using descriptive_analytical method and some library and related software sources tries to find a solution for this religious difference between the Islamic religions the findings reveal that based on obligation rule the place of truth and subordination rule and also in some subsidiaries even the ihtiyat-fi-lfuruj rule in some conditions the problem can be answered.

One of the longstanding issues that has afflicted society and have been disputed by the fariqain jurisprudent, is The looking at those parts who are separated from the body of Non-mahram and the increasing prevalence of beauty clinics and the expansion of the makeup profession, which has led to a greater exposure to separated body parts. The difference of opinion among jurists from different schools of thought regarding the permissibility of looking at these separated body parts has been evident for a long time is The design of this issue has been studied since Allameh Helli in shiite jurisprudence books and from the time of Mohammad shafi' i. This article is based on analytical and inferential methods to study the documents of Fariqain jurisprudents and analyze them. As a result, it found that the most of the subjects which are said in the license is the lack of lust for these parts and the lack of the title of woman.In contrast, those who had say on the reverence of the opinion have also argued and applied to the general (unspecific) and to unconditional the evidence of respect to Non-mahram and assimilation of forbidden of respect. Some are also detailing the separation of organs from the body during the life in which it is permissible to look at it and after death is Haram. As a result of this article, in addition to the weakness of the evidence of the license, it is clear that the reasons for respecting the reasons of respect except hair, nails and teeth are separated and the reasons for respecting these three are strong.

Undoubtedly, the population as a social capital plays a significant role in the development of any society. The decrease in the birth rate and the aging of the population, in addition to the emergence of many problems in the field of authority and progress of that society, endangers the existence of the family and causes irreparable damage to the mental health of children. Single-child families have more emotional disconnection, and on the other hand, the environment of families with several children is more intimate and shows more affection and affection. Population decline is considered one of the serious problems facing some developing societies, including Islamic Iran, and there is a need to study it seriously. One of the most challenging topics in population reduction is the study of the single child problem. Jurisprudential investigation and reaching the Sharia verdict of this issue can be one of the effective factors of transition from single child in religious families and play a great role in increasing the population. Therefore, this article aims to evaluate the jurisprudential foundations of the necessity of population increase and to clarify the jurisprudential ruling of one child. The research method in this research is descriptive-analytical in nature and collected with library and document assessment tools. Examining jurisprudential sources shows that the verses and traditions are not explicit about the Sharia obligation of population increase, but according to jurisprudence rules and based on benefits and corruptions and harms of having only one child, it can be ruled that it is not permissible and the reproduction of the generation and the increase of the population are considered obligatory.