فصلنامه مطالعات تاریخ اسلام
پیاپی 7 (زمستان 1389)

The history of each nation forms in specific cultural conditions; these conditions reflect the social, political and legal system which belongs to that nation.Traditions, customs, rituals and a collection of values can be definite in this culturalframework. This study tries to show that the dominant discourse in Iran since Qajar dynasty has been under the influence of juridical system of thought; this system has had a decisive role in formation of the Qajar Period and even the Reza Shah legal system. To respond the question on affection of juridical warrants upon the legal system of Qajar its and the relation between juridical warrants and common law (‘Urf), this study will use the method of analyzing the main sources of this period. Logic of discourse is the main method of this study; this study will try to discuss a historical subject according to main references. The purpose of this study is that during Iran contemporary history the Shariah and its warrants have been presented in all of the individual and social aspects of Iranian lives and the significant presence of the Shariah in Iranian communities can be distinguished in the legal system of that period. Each development in the structure of Qajar legal system has been under the influence of dominant tradition; this criterion can be extended to other individual and social aspects of Iranian costumes and values at that time.

Over half a century, western scholars are familiar with the common link phenomenon in the chains of transmitters (isnāds) of traditions (hadīths), interpreted it differently and tried using it to identify the time and place of creation and dissemination of traditions. In this paper based on analytical approach, different interpretations of this phenomenon are explained and their methodological presupposition are analysed. This study reveals that there are at least three distinct interpretations of the common link, and consequently different dating for traditions. The common link is the inventor of tradition in question according to one interpretation, the authority to whom the tradition is ascribed in later period regarding another one, or the collector who first systematically spread the tradition with reference to last one. Thus, respectively the tradition might originate with the common link, it might be younger than the common link, or it might be older than the common link. Finally, it appears that the difference or conflict of dating traditions relates to presuppositions which each of these interpretations based on them.

Khaje Nizam-al-mulk in Siyar-al-muluk endeavors to strengthen the power of the governing system by preventing social oppression and tyranny through selecting an outlook of justice known as “power circle” or “cycle of justice”. In this research, efforts have been made to conduct an analytical comparative study between the renowned comprehension of justice in Siyar-al-Muluk and kalaami (scholastic theological) viewpoints of Abul-Hassan Ash-ari in this respect. Therefore, the attitudes of the two-mentioned scholars about justice, responsibility, and executive power of the medieval Islamic governors and the companions of the Prophet Mohammad (PBUH) will be compared. This research seeks to demonstrate that Khaje Nizam-al-Mulk as a prime minister had diverse views on justice as opposed to Ash-ari. This hypothesis is based on the fact that basically the discourse of justice outlined in the two books of Siyar-al-muluk and theological basis of Ash-ari are not from the same essence, and thus may not be easily harmonized for similar applications.

The purpose of this paper is to survey a black tughrâ (interconnected black signature) which was drawn above an administrative document called ‘mithâl’. This tughrâ was dedicated to sadr. Since the drawing of sadr tughrâ and its principles have not been studied by Iranian and foreign scholars, this paper‚ first presents the rules and methods of its drawing, by studying its visual and graphical aspects, i.e., [‘diplomatics’ (Pers.sanad-šenasî)‚ and second, theorizes concerning the abilities of low rank administrators of Safavid Period, based on achieved results]. One of the Safavid sadrs was Mîrzâ Habîbullâh who had the rank about 23 years (1040- 1063AH/ 1630- 1653 AD) in the period of two Safavid kings. Certainly‚ he issued lots of mithâls‚ but eleven of them which are belonged to 1041- 1060AH/ 1631- 1650 AD, are only known today and except for two‚ all of them were published. While phrase and words of Mîrzâ Habîbullâhs tughrâ were fixed along this long period‚ its graphic and technique of drawing changed. This matter makes clear that in the part of Safavid administration that he had the task of preparation and issuing mithâls and drawing tughrâ‚ there were individuals who had not the same ability and expertise. That is to say‚ while the sadr was one person‚ at least fourtughrâkaš were in his service and any of them had his script and technique of drawing which was even inconsistent with the most evident principles of tughrâ drawing.

During the early Islamic centuries, immigration and settlement of Alavi sādātin frontier areas of islamic empire, made enable them to found governments. Transoxiana, asone of these frontier aeras and the center of gathering of sādāt, too, was the field of dynamicpresence of these sādāt on political and social changes, in fifth century A.H. In spite ofscarcity of historical data, one can realize of traces of activity bustles of sādāt to found anAlavi government in the region.By a descriptive- analytic method and by asking about the little existing data, this articleseeks to make much clear, if possible, these bustles of Alavi sādāt to lay the founation ofgovernment,in transoxiana. The results show that in this case, Alavi sādāt, while conflictingto rule power,took advantage of change of social conditions of that area, in fifth centuryA.H., began to found independent government, and laid the foundation of the first Alavigovernment- even if temporarily- in that area.

Our knowledge abaut the details pertaining to the martyrdom of Shams al-DinMuhammad b. Makki Jizzini ‘Ameli, aka the First Martyr (dead in 786 A.H.) is partially,unclear and contradictory. This has led some scholars to draw on his jurisprudential worksand base their assumptions about his martyrdom on controversial parts of his religiousopinions. The present article primarily attempts to review the findings of modern scholarships on the issue. Then it shows that probable cause of killing of The First Martyr may be his role in suppressing unorthodox Shiite group in Sham.

Jihad is an important religious practice of Muslims. Emphasis of the Koran and religious citations on jihad caused its practice by Muslims in different eras in the history of Islam. A significant portion of Islamic and jurisprudence studies has been dedicated to jihad, its dimentions, forms and Muslims obligations towards it. In recent centuries jihad has been a significant political and social issue in Islamic societies. jihad against the infidels were to be found in numerous instances, especially in the nineteenth century, when the West invaded the Islamic lands. The Transoxiana region was a part of the Islamic lands that came face to face with Russians invasions extensively. The Muslim residents of this area attempted to block the invaders by relying on defensive jihad. This paper by a descriptive- analytical method examines the process of the Russians invasions to the Transoxiana region and defensive and disperse jihad with the rise and fall of Muslims in the region. This research shows despite all efforts, the Russians found dominance over the region and Muslims were defeated. The Muslims attempts failed for several reasons including lack of leadership and political unity and also dispersion of variety of ethnicities in the region.