نشریه قرآن، فقه و حقوق اسلامی
پیاپی 17 (پاییز و زمستان 1401)

The prevalence of modern culture in the world has led to a positive attitude to divorce, such that young couples deem the divorce-based married life as a lifestyle. As this approach is accepted in Islamic societies, too, the divorce rate is constantly increasing. Nonetheless, the noble Qur’ān has legislated divorce not as a lifestyle but rather as a solution to a congested life. It has also organized all rules related to family in this regard. Accordingly, a positive view to divorce is different from the qur’ānic view. The identification of the viewpoint of the noble Qur’ān to the philosophy and station of divorce in human life is one of the essential insights that can lead to the betterment of familial life.The study at hand intends to respond to the question “In the qur’ānic view, what is the philosophy behind legislating divorce and what is the station of divorce in the familial system of life?” Adopting a descriptive-analytical approach and relying on exegetic resources, this study analyzes divorce in modern and Islamic thought systems. The results show that the noble Qur’ān bases human society’s life on marriage, sanctifies coupleness, facilitates marriage, and reprimands and opposes easy divorce to show that divorce is only a solution for emergencies in life.

According to the primary principle deduced from the primary evidence, including the Ghaybat verse, people’s secrets and whatever is related to their spiritual aspect, individual or social stations, or their reputation, are within the domain of people’s reverence, and thus should be kept free from transgression. One of the cases that is suggested as an exception to this principle is the “action” of the person whose reverence matters in this breach and the role of this action in the “removal of the spiritual aspect of the actor.”The action of this person might come into existence as the “genuine will” and lead to the “rejection of the right” or as the “material will” that leads to the “downfall of the right.” The first option is examined in another article, but the question that comes to mind is that in the second form, what is the effect of the action undertaken by the person on the reverence of his spiritual aspect?In the light of the analytical investigation and through the adoption of a principled method for content analysis, the external action of the person – which is fulfilled in the outright violation of the moral norms, as well – leads to a “relative downfall of the reverence” of the person, no matter if it means a special violation or a specified violation. Therefore, in the downfall of the reverence of a wrongdoer, the time and location considerations should be taken into account. This way, the downfall of right should be limited to the time and location of the outright misconduct, and the principle of reverence should be acted upon in other times and locations. At any rate, according to verse 19 of the Nūr chapter, the spread of information and data should not lead to the expansion of the vile.

One of the most important foundational bases recognized for human rights is human dignity. It has been stipulated in Islamic texts as well as the introduction and primary matters of the international human rights documents. This recognition and emphasis mostly regard the importance and priority of this element and its role as the cornerstone of other rights. Despite this recognition, verification, and stipulation, there is no clear definition of human dignity and its theoretical foundations and indices have not been clarified. Therefore, the main question of this study is "What is the concept and theoretical principles of human dignity in the Islamic rules and international documents related to human rights?"Adopting a descriptive-analytical method, this study found that dignity is on the one hand one of the important goals of Islam and on the other hand one of the main foundations of human rights. Human dignity is a real issue, and the actualization of human dignity includes all humans. It is related to all layers of humanity. In addition to being one of the main principles of human rights, the dignity of humankind is a divine grace in the human being's creation. This common point is deemed an important starting point for creating interaction between human rights and Islamic rules. Nonetheless, due to the disagreement in ontology and theoretical principles, the attitude to it is different from the viewpoint of Islam and international documents. That is, human dignity is viewed differently by Islam and international documents in terms of ontology, theoretical principles, source of origination, types, kinds, effects, nature, and realms.

Women’s blood money is one of the most challenging issues related to women’s social rights, and it is gauged based on verses 178 of the Baqara chapter, 45 of Ma’ida chapter, and 92 of Nisā’ chapter. The exegetes’ stances are different in this regard. Some believe in the equality of the man and woman’s blood money, while others support taking the women’s blood money as half of the man’s blood money. The second view has led to challenges such as the suggestion of the existence of gender biases in the Qur’ān. Therefore, in this study, through collection and personal investigation of the themes, the viewpoints of the Western Islamic world exegetes (Ibn ‘Arabī, Ibn ‘Aṭīyya, Qurṭubī, and Ibn ‘Āshūr) have been explained and evaluated under verses related to women’s blood money. The purpose is to clarify the viewpoints of these exegetes on women’s blood money, express their principles in this regard, and explicate their treatment of the challenges related to women’s blood money. Although all aforementioned exegetes have taken man as primary and woman as secondary in creation, Ibn ‘Arabī is the only exegete that has related the amount of blood money to the human ranks of man and woman. Since he believes in the lower status of woman to man, he takes halving the women’s blood money as evidently natural. This view is used as the evidence for the challenges in this regard. Nonetheless, the qur’ānic thought is based on the natural similarity and unity of man and woman. A point that supports this latter view is that the criterion for evaluating all humans is piety. The indications existing in Ibn ‘Aṭīyya’s commentary, as a political figure in Andalusia, reveal that he believes in the equality of man and woman’s blood money, though due to his political status, he has refrained from explicitly commenting on this point and has dissimulated his opinion. Quoting opinions without giving priority to any of them, Qurṭubī interprets the verses related to blood money. However, the indications existing in his commentary indicate that he – like Ibn ‘Aṭīyya – believes in retaliation without giving the difference in blood money. As a modern exegete with reformist opinions in the Western Islamic world, Ibn ‘Āshūr has expressed the woman’s blood money to be half that of the man, without giving any further evidence. Moreover, he has not answered the challenges posed against woman’s blood money and the questions about gender bias in the noble Qur’ān. This is while – unlike the three previous exegetes – the foregoing challenges were present in his era.

Shahīd Āyatullāh Sayyid Muḥammad Bāqir Ṣadr is one of the outstanding mujtahids of ḥawza ‘ilmīyya that has a special view to the Qur’ān in his jurisprudential method to the creation of social systems. Therefore, an important feature of Shahīd Ṣadr is that he explains all discussions – including his political thoughts – based on the Qur’ān. In his approach to ijtihād and inference of social rules, he puts more emphasis on the Qur’ān out of the Four Resources. The strong presence of the Qur’ān in his works – including “Al-Madrasa al-Qur’ānīyya” and “Al-Islām Yaqūd al-Ḥayāt” is totally evident. The rightfulness of political power is one of the important issues in the general and social arenas. According to Shaḥīd Ṣadr’s belief in the systematicity of religious rulings, this rightfulness is deemed as part of designing and regulating the systems in the political sphere of society. From the viewpoint of ‘Allāma Ṣadr, political rightfulness can be explained in the three stages of the Islamic government’s foundation, formation, and continuation. Revolving around the noble Qur’ān, this article sets out to examine the justifications for the rightfulness of the political power in the Occultation era based on the political thoughts of Shahīd Āyatullāh Ṣadr through a library research method via a descriptive-analytical approach. Therefore, in this study, in addition to the qur’ānic principles of the political rightfulness of power, the relationship between legitimacy and acceptability is explained.