فهرست مطالب

آموزه های قرآنی - پیاپی 34 (زمستان 1388)
  • پیاپی 34 (زمستان 1388)
  • آموزه های فقهی
  • 206 صفحه، بهای روی جلد: 10,000ريال
  • تاریخ انتشار: 1389/07/10
  • تعداد عناوین: 11
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  • Mahdi Mehrizi Page 3
    his article attempts to analyze this verse “and women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them”, firstly to answer the apparent incompatibility of the top and the bottom of this verse and then to propound it as a general rule and a norm for equality of women and men rights and duties. The writer says that if there are flagrant and impressive differences between their rights and duties, the process of ijtihad and understanding of rights and duties must be reconsidered especially where it is terminated with the evidence of ijtihad and understanding of hadith and traditions.
  • Dr. Seyyed Abulghasem Naghibi Page 19
    n jurisprudence the decision of the jurisprudent about similarity of unknown and known decree regarding religious command because of their cooperation in reason is called analogy. Analogy in respect to its relation to the will of Lawgiver and legislator is divided in to analytical reasoning and explicit reasoning. The former is an analogy that the reason is not stated explicitly or implicitly, but the jurisprudent and jurist obtain it with inference. Then he analogizes the minor with the major because of their similarities Shiite jurisprudent authorize the definite analytical reasoning analogy but most of them do not give authority to the conjectural analytical reasoning analogy, even though some of them have applied it in some legal issues and so do the jurists in the law of Iran.
  • Dr. M. Imami, Dr. M. H. Haeri Page 39
    arket provides much of the needs of man. In the one hand, Islam has regarded some conditions for using some goods that sometimes its obtaining is not so easy and the believer becomes uncertain about its using. Defining the market and stating the subject of this article, it propounds generally the universal rule of genuine permitting of the creatures and then considers the necessity of lightening of legal slaughter of animals and their products, market rule, the situation of the non-Muslims’ goods and imported goods.
  • Dr. Mohsen Jahangiri Page 61
    he history of methodology of jurisprudence shows that the first book which has been written about principles of jurisprudence in Shiite is “Al-resala Al-usuliya” or “Al-tazkerah be Usule Al-fegh” that is a valuable work of Sheikh Mofid. Of course appearance of principles of jurisprudence in Shiite is longer. In addition to the existence of some methodological discussions in the words of innocent Imams that show they can be the founders of this science, some books of the era of Imams or the time of minor occultation or majo occultation until the time of Sheikh Mofid have propounded some of the methodological issues. So, the claims of new traditionalists that there is nothing in the words of innocents Imams are basically incorrect.
  • Dr. Seyyed Ali Delbari Page 77
    ince a long time ago researchers of hadith for distinguishing of genuine tradition from the weak one have considered them in their content and chain.Iidentifying the state of the narrators has an old background in the history hadith. Acceptance of traditions is provided that their narrators have some conditions including authority of the narrators. The main question is that how this condition or other conditions can be recognized? This writing has shortly explained two ways of particular and general authentication and their cases.
  • Seyyed Ahmad Sajjadinejad Page 97
    fter referring to the origin and the changes of the rule of “having ignorance of the decree and its removal to the criminal liability” in the criminal law, being ignorant of the decree in jurisprudence in general and in the context that causes punishment, discretionary punishment and expiation in particular has bee considered and non-culpability of the ignorant whether deficient or responsible has been proved in viewpoint of jurisprudence, although he is culpable regarding to non acquisition of knowledge.
  • Dr. Ali Reza Saberyan Page 119
    ome of theological propositions directly influence on legal inference. Comprehensiveness and perfection of the religion is one of the theological propositions that have much effect in interpretation of the religious texts. In our idea, religion is for the happiness in this world and Hereafter. In accordance with the comprehensiveness of the religion and this idea, religious texts can be interpreted in this context. Islamic religion has decreed the general and particular orders, but this way of enactment dose not mean that it is enough for all aspects of human life rather it is necessary to be enacted in the framework of religious law. One the important result of the comprehensiveness and perfection of the religion is its containing of the government and executive agency. Accepting of this idea is not meant the establishment of the reasonable rules and principles of the governing, but rather religion can confirm some of the reasonable rules and principles and reject some of them and declare its idea.
  • Suraya Rostami Page 143
    ankind lives at age of technology and flourishing of science and industry and we see the power of man in interference and occupation of the world. Today, we find the extent of this ability in the area of genetics and biology that has persuaded many scientists throughout the world to innovations and initiations. One of these stunning innovations is the process of cloning that is the subject of this article. This is such an important issue that the present age is known as the age of genetics Most of Sunni jurisprudents believed that human cloning is prohibited. The most important of their reasons are: 1- destroying of family identity. 2- Ambiguity in relationship of relatives. 3- Annihilating of the concept of motherhood and lacking of father in some cases. 4- Ambiguity in alimony and inheritance. This article attempts to consider and criticize the reasons of the prohibition of human cloning from view of Sunni intellectuals.
  • Dr. Javad Irvani Page 173
    ecessity of some cases of financial payments in Islam are in dispute among jurisprudents and in spite of existence of Quranic and traditional reasons about the obligation of some of them like “Known Right”, mostly all jurisprudents have pronounced that they are not necessary. Examining of their evidences shows that the most important reason for the justification of their verses and traditions and so their non necessity are traditions that their contents are limited to alms. Thus, for this reason the lawfulness of taxes has been doubted, too. This research shows that mentioned traditions are weak in respect of their chain and denotation and can not be relied on for decree. So, quoted traditions from Shiite and Sunni sources have been considered in chain and denotation.