نشریه مطالعات تقریبی مذاهب اسلامی (فروغ وحدت)
پیاپی 57 (بهار و تابستان 1401)

This research tries to show the religious capacity of the concept of “The Unified Ummah” for the proximity of Islamic denominations, considering the irreplaceable position of denominations in Islamic civilization and the inadequacy of all modern pluralistic approaches. Paying attention to the fact that in the modern world, the realization of denominations’ teachings has additional complications, the necessity of discussing the obstacles to the development of this idea and the solutions to overcome them doubles. Therefore, in line with the aforementioned three points (the religious potential of this idea, the obstacles and solutions to its realization), this research first tries to overcome some conceptual challenges with the concept of “The Unified Ummah”; In the following, by examining the major obstacles to the realization of this religious ideal, it deals with the ways out of them. The findings of this research show that the formation of The Unified Ummah has been a strategic goal that, on the one hand, the political/power relations during the middle Islamic civilization and on the other hand, the considerations and structure of the modern world, have prevented its realization in some way. The most important solution that is close at hand is to adopt a critical approach towards tradition (not religious tradition) and modern rationality, which can provide the conditions for the possibility of this idea in the future.

Al-Mu’ayyad fi’l-Din Al-Shirazi, as a religious preacher of the Fatimids, tries to increase the followers of the Ismaili denomination with the help of poetry, along with Ismaili teachings. A descriptive-analytical study of his poems can answer the question of how he has taken this path. Al-Mu’ayyad tries to address the issue of Imamate in many of his poems and from different dimensions to prove the existence of an Imam in society. In his poems, by explicitly attributing the Fatimids to the Prophet and Imam Ali, he clearly considers them the caliphs of the Muslims. In Al-Mu’ayyad’s poetry, the Fatimid caliph has knowledge of the inside, so he is aware of the interpretation of the Qur’an and is able to distinguish right from wrong. They are the beacon and people should follow them to be saved from misguidance and be guided to salvation because according to Ismaili beliefs, no period can be empty of the Imam. In Al-Mu’ayyad’s poems, the Fatimids are responsible for leading the Islamic world and Muslims, by attributing them to the Prophet and Imam Ali. The Qur’anic verses that were revealed about the Ahl al-Bayt also include the Fatimids.

TheʿIdda (period of waiting) is the period of time until the end of which, the woman whose marriage has been dissolved cannot have another husband, and this period varies depending on the pregnancy or menstruation of the woman, as well as the death of her husband or divorce. This research with a descriptive-analytical process has dealt with this central question of the effect of spatial belonging and religion of the wife on the establishment and fall of ‘Idda in Islamic jurisprudence, and these results were counted; The majority of Islamic jurists believe that ʿIdda of marriage in Dar al-Islam and outside Dar al-Islam is fixed, whether they are Muslims, Ahl al-Kitab or Ahl al-Dhimma, but in an unpopular decree, ʿIdda, is not necessary for the marriage of people of Dar al-Harb and the woman of Dar al-Harb is allowed to get married as soon as she enters Dar al-Islam and they have also considered this decree true for an apostate who leaves Dar al-Islam. The claim of this research is equality and stability of ʿIdda for the wife inside and outside Dar al-Islam without considering her spatial affiliation. The reasons for this claim include the marriage of spouses in two different lands not being terminated immediately, the correctness of the marriage of infidels, the inclusion of decrees for the infidels, and the stability of the reasons of ‘Idda in all marriages.

According to the historical background of assignment, even its prevalence before Islam, examining the opinions of jurists of Islamic schools of thought in this regard can find important results that can be used to solve problems in facing many questions and problems, including the correctness of assignment on non-debtor. Unfortunately, in the opinions of the jurists, the condition of indebtedness of the assignee has not been taken into consideration. The current research aims to use the theories and arguments of jurists to solve conflicts and find the answer to the question whether the assignment on non-debtor is correct or not. In addition to the great disagreement about the nature of assignment among jurists, some jurists, including the Shafi‘i jurists, have considered it necessary about the correctness of assignment on non-debtor that the assignee is truly indebted to the assignor, although they have considered the assignment on non-debtor to be similar to a guarantee because the property is transferred from the indebted to the non-debtor. In this way, the assignee is the guarantor of the creditor’s debt on the assignor with her own acceptance. However, Hanafi and Imami jurists do not consider this as a condition for the validity of assignment and they believe that assignment on non-debtor is also valid. The method of collecting information is in the form of a library method using documents related to the present subject.

Mosque is a social institution whose effective uses and benefits rest upon the classification, organization, and factual knowledge of its various functions. However, up to the present time, the functions of mosques have been investigated in respect of what is usually termed as subject matter and the priority of their functions has not received considerable attention. Deeper insight into the large-scale functions of mosques provides a criterion for listing activities in order of priority and for accepting and rejecting new activities as a result of which activities will properly be organized and the efficiency in functions of the mosques will be increased.  The large-scale functions of mosques can be defined as the ones that serve to show the main purpose or objective of various and multiple activities of the mosques. Other functions can be categorized under the “pivotal function” and the “dependent function” which are both in line with the large-scale functions. Accordingly, the question would be this, “What are the large-scale functions of a mosque from the perspectives of the Glorious Qur’an and the Traditions?”. Drawing upon a descriptive-analytic method, and basing the research on the Quranic verses and traditions, the research has addressed the problem of the recognition of various and multiple functions of the mosques, resulting in gaining access to the following three large-scale functions of mosques: “providing for a superior social milieu”, “removing negligence and fostering the remembrance of God”, and last but not least the “enlightenment and knowledge increasing”.

Regarding God, some consider God to be so great and transcendental that they believe that it is not permissible to use the word “exists” or its equivalents (such as: is) about Him at all (tanzīh or “keeping God pure” leading to taʿṭīl or “divesting God of His attributes”); Some, on the other hand, attribute all human attributes to God, even having body and physicality (tashbīh or “anthropopathism” and tajsīm or “anthropomorphism”); Some even attribute sons, daughters and wives to God (such as Arab pagans, some Jews and Christians). The Qur’an, in various ways, has argued the impossibility of kinship with God, including being delusional and unreasonable; imitating the past; the priority of Adam to be God’s son over Jesus; the priority of Moses to be God’s son over ‘Uzair; a belief contrary to the practices of the polytheists themselves; a sign of God’s deficiency and need; contradiction with the God’s creative will and God’s ownership; outcomes of composability, analogy and embodiment of the divine essence and... The current research is of the “thematic interpretation” genre, and its mission is: to explain and analyze the critics of the Qur’an against the wrong concepts and views regarding the essential monotheism, focusing on the negation of any kind of kinship with God.

“National identity”, despite the diversity of cultures, ethnicities, religions, and sects in Iran, is the common denominator of all these differences. Existing interpretations of national identity show an unrealistic view of this element of social solidarity, which can be seen in the proximity of the Islamic denominations, under the provision of national interests. A realistic approach to the proximity of Islamic denominations, both in terms of national and transnational relations, requires a careful insight into the understanding of national interests. Relying on the mechanism of traditional jurisprudence in order to preserve the interests of national identity as a common aspect of religious differences can introduce proximity with a new understanding. The present article, which has been done by analytical-descriptive method, shows the representation of national identity and the requirements of preserving its interests with a jurisprudential understanding in order to approximate Islamic denominations according to principles and rules such as the principle of interests of the Islamic Ummah and the principle of justice or Nafy al-Sabil Rule (Non-Dependency Rule), etc. govern the protection of national interests that can integrate Islamic denominations. Therefore, paying attention to proximity with a jurisprudential understanding of nationality and its interests by relying on the rational and religious way of life as well as the theory of Mantaqat al-Firagh (the lacuna) gives a clear explanation of proximity.

In favor of peace, Islam not only opposes to war, but also attaches great importance to social relations. Jurisprudence is the law of life and is responsible for regulating human relations according to Sharia; therefore, it has also dealt with the detailed issues of human life. Islam’s attention to human dignity, respect for the rights of others, dialogue and mutual respect, justice and warnings not to insult and not to deviate from the path of truth - even in dealing with infidels who live peacefully with Muslims - Prohibition of the controversy even with Ahl al-Kitab, resolving disputes peacefully and refraining from raising divisive voices, interaction, emphasizing honesty, etc... Rules such as the principle of correctness, justice, fairness, piety, peace, harmlessness, respect for property, etc. are among the practical rules in social relations. Observance of some Dos and Don’ts in a Muslim’s relationship with others is something that has always been considered by great Muslim and non-Muslim historians and will be the cause of the supremacy and universality of Islam and its harmony and ability to apply and generalize its rules and regulations to the requirements of time and place. This basic and general criterion in the teachings of Islam and the sayings of religious leaders, That “Love for others whatever you love for yourself and dislike for others what you dislike for yourself” is the starting point of peaceful social relations. This research has been done through a descriptive-analytical method.

Recognition of the position of Mary (PBUH), the mother of Jesus Christ (PBUH) in the Christian religion is of undoubted importance, but comparing it with the position of Mary (PBUH) in Islam, and especially in the Qur’an, is very informative. In the Gospels, Mary has a very faded presence, while in the Qur’an, she is of great dignity and high status. Nevertheless, why was Mary raised to the position of the Mother of God among Christians, but she does not have such a position among Muslims? Has Mary’s mediating role increased Mary’s status among Christians? At the same time, in Islam, Mary (PBUH) is pregnant with the divine spirit and her status is such that revelation reaches her. Is the infallibility of Mary (PBUH) certified in the Qur’an? This article aims to briefly study the importance, role, and nature of this saint among her followers, as well as the position of Mary (PBUH) in the Qur’an.

In “Shuf‘a”, besides the loss that may be suffered by the partner, the customer is also exposed to damage, therefore, it should be analyzed what rights the customer has in “Shuf‘a” and in which cases his right precedes the partner. The need to examine the mentioned question is doubly important because, in this regard, there are differences of opinion among the jurists of Islamic schools of thought. The necessary information to answer the mentioned question has been collected through the library method and analyzed through the descriptive-analytical method. Among the reviewed items is the way of paying the price; The Imamiyyah do not differentiate between paying the price to the customer immediately or deferred, but Hanafi and some Shafi‘i jurists believe that “Shafi‘” is free to choose between paying the price immediately or deferred, Maliki, Hanbali, and some other Shafi‘i jurists consider “Shafi‘” as subordinate to the buyer. Another example is the dispute regarding the profits earned from the sold item; The Imamiyyah considered the connected earned profits to belong to the “Shafi‘” and the detached earned profits to the customer, but the Sunni jurists considered the increase that does not last to belong to the customer, and they disagree about what lasts. In addition to the above two cases, other cases of customer rights have been examined in the present article from the perspective of jurists of Islamic denominations.

The reaction of Muslims in the periods after the Islamic conquests to imported phenomena such as cleaning is an example of lifestyle changes in the first four centuries After Hijrah, which has been examined in this research through Islamic traditions and historical reports. The widespread attention to the issue of cleanliness, including the bath, in that era, shows that some concepts related to lifestyle in the first four centuries have spread in the text and context of consumption culture and have caused diversity in the general activities of Muslims; In such a way that by changing personal tastes and values, it has created new patterns in people’s lives. From the viewpoint of jurists and religious leaders, the emergence of distinct methods in the matter of cleanliness after the Islamic conquests, which were adapted to the individual characteristics and consumption desires of the middle classes of Muslims, led to the collapse of the system of public modesty, and the imported culture of the public baths, caused the degradation of high Islamic standards and cultural levels and directed the new generations to increasing recklessness; Therefore, the fear and concern of the foreign cultural facilities that had entered the traditional Muslim societies motivated them to resist; However, the possibility of dialogue in the use of these facilities created supporters in this field who thought of a richer and more complex life; As, for example, the text of the narrations about baths shows that lifestyle changes in the face of the new phenomenon of public baths have gradually improved in the first four centuries and abolished the first strict rules except in relation to women.

Fulfillment of the obligation by the contracting parties is one of the ways for the cancellation of lien rights in contracts, the most obvious example of which is the delivery of the sold item. Although the majority of jurists believe that the delivery of the sold item cancels the right of lien; Imamiyyah and Sunni jurists disagree upon the way of delivery and reception of the sold item by the customer and the effect of other changes of the contracting parties (such as remittance and mortgage) in the lien on cancellation of the lien right. In this regard, the present research has collected the necessary information from the jurisprudential works of the five Islamic denominations, and using the descriptive-analytical method, it has been shown that: it is necessary to include conditions in the way of execution and delivery, so that the right of lien is cancelled; However, these conditions have not been investigated in jurisprudence and legal texts. Including that the fulfillment of the obligation and delivery must be done by the seller or an authorized person on his behalf, with his will and satisfaction, and with the intention of fulfilling the obligation; therefore, it has been proposed to add voluntary withdrawal and delivery as fulfillment of obligation to the terms of cancelation of lien right.