فصلنامه فقه و تاریخ تمدن
سال ششم شماره 23 (بهار 1389)

This paper seeks to encourage the learners to contemplate uponthe values of the omni-sidedness and comprehensive aspect of Islam as well as on the deep attitude of the Holy Qur’an and on the Gnostic knowledge,so that they achieve more information upon the significance and valuable recommendation of Islam and consider these cases more deeply and pay more attention to the ethical virtues of jurisprudential inquiries and studies in this concern. Since one of the valuable constituents of measuring the degree of success of the educational systems is the number of the scholars and investigators who are trained and introduced into the society.It is through research and observations that the tree of knowledge becomes fertile and fruitful.In fact,the material and spiritual improvements and the scientific technologies and education of human societies are all connected with research and investigations.

The family is one of the most important social institutions which play an important role in the perfection and improvement of individuals and society.Although attempts have been made in Islam to preserve and survive the family,divorce is allowed when the continuation of the family life causes damages,and harms to the married couples and even to children.As Islam has passed certain laws and obligatins for the family members since the very beginning, it has imposed certain duties on the family members to follow throughout their life time.Thus,the spouses have two kinds of obligations toward each other after divorce, including the financial rights and non-financial affairs. The financial rights after the divorce embraces inheritance maintenance,which in case of wife returning to matrimonial life should be paid and if the divorce arises on the dissolution promise and if the husband dies while the wife is pregnant,she is entitled to maintenance and should benefit from inheritance when returning after the divorce state.The non-financial rights that includes the right of fostering and returning is the fact that the exertion of these righs in some cases for some reasons are invalid and the spouses may not gain them.

All the fields of human knowledge, with their distinctions and separations from one another,are somehow inter-related and inter-connected and sometimes are affected by each other.The juris discipline,which is considered as the knowledge of discovery and explaining the legal injunctions in all subjects and aspects of life,is related and connected to various disciplines due to the nature and quality of its topics,while it is also in need of other fields of human knowledge as a means of reasoning of legal principles and tenets. The juris discipline also makes use of certain disciplines as an introduction and pre-requisite while some areas of knowledge contribute to making topics, and at the same time,some disciplines utilize certain jurisprudential matters to be generated and consumed. This article seeks to investigate the relationship between the juris and other sciences while considering the relationship between jurisprudence and the science of medicine.It also tends to explore and examine the similarity between juris and medicine in various aspects including the importance of religious status and purpose and the related subject matters since the ancient times.

The Kurds are a group of Arian tribes and races who immigrated to Iran Platu,along with other Arian groups, and settled down in certain areas in modern countries such as Iran, Iraq, Turkey, Syria, Azarbyjan, and Armenistan.Although their settlement was largely in the above-mentioned districts,some smaller groups,due to their manners of living and earning their livelihood based upon economy and Cattle raising, and sometimes because of the cultural,political,and social reasons,were scattered in various areas of Asia, including estern Iran,during various centuries.There is no exact information available of the cause and date of their scattering in eastern Iran before the Safavid period.There is only certain sources available to mention their living in Khorassan in the early Islamic centuries,while other sources refer to their presence during the Taimorids and the early years of the Safavid era.However,the real movement of Kurds and their immigration to Khorassan began during the Shah Abbas reign and continued till the Nadir Shah rule.In this article an attempt is made to study the causes and reasons of this,more or less,compulsory immigration and how it happened while identifying some of its consequences.

Abdanan is one of the cities located in the southern east of Ilam Province.The author of this paper seeks to investigate the archeological ruins and monuments remained since the Sassanid and since the early Periods of Islam as well as since the Saljoughid period.But although these cities and towns have not been referred to in historical sources because Abdanan is not located along the main road,there is also no information available concerning the development and formation of these towns and cities and on the causes of their dilapidations and becoming obsolete.On the other hand,according to archeological studies,due to the similarity of the artistic works,especially the industry of ceramic work Pertaining to the Sassanid period and the early ages of Islam,these towns and cities have been attributed to the Sassanid period by mistake,while careful scientific studies reveal that although some of these towns and developed areas may have been built during the Sassanid era,the culmination of glory and their improvement is related to Islamic epoch,and even some of them have been constructed during the early Islamic ages.This article also attempts to investigate and recognize the cities and towns of Abdanan in the early Islamic times as well as their establishment times and the causes of their destruction according to archeological studies.

Proprietorship is the right of every human being.Islam has not only accepted The ownership of non-Mislim individuals in Islamic countires,but has also considered the same rights for both Muslims and Non-Muslims.The Minorities are quite free within the Islamic areas in economic and business affairs.They can attend to various sound and permitted trades with both their fellow religious people and with Muslim individuals.The freedom of the Book-followers in all economic and business affairs, including sale, limited partnership, right of pre-emption, irrigational contracts, farming, renting,releasing, mortgage, deputy, and so on, with themselves and with the Muslim individuals is fix and constant without any prohibition.Most of the forbidden trades for them are the same as those for Muslims. Of course,in some cases,the jurisprudential rules such as “the negation of manner” limits the economic relations of the Book-followers.For instance, If a Muslim is a customer,and the intercessor is a Book-follower,taking the right of Pre-emption is not permissible, or in accepting the deputy of a non-Muslim against a Muslim individual is not true or valid.

The quest of the decree transmission is one of the arguments in the judge law which refers to the announcement of the judge’s sentence to another judge.It is executed under one of these four manners: written, promise, witness, and confession.A question poses itself (in addition to these facts that the judge’s order is applicable and influencial directly) that when the judge passes a judgement is permissible or not!(under one of the four written methods).It is agreed that the written communication is not allowed, though the promise transmission is permitted.With respect to the decree communication based on the witness, there are two outlooks. All the communications of sentence according to Jurists’ agreement on permission is under the confession order.The present paper is an attempt to consider the viewpoints of the Shi’ite high-position jurisconsults with their proofs in different kinds of communications as well as their analyzing and criticizing their views,so that the presence or absence of permission of the results should be recognized.

In modern world,as medical science progresses,many of the infertile married women handle their problems by benefiting from modern infertile techniques such as artificial fecundation.Artificial fecundation methods are as follows: internal uterus fertilization, external uterus fecundation,uterus pollination, fetus donation, gamete donation, and substitute womb. However,certain modern methiods of fertilization sometimes cause doubt and uncertainty concerning the child’s blood-relation.since blood-relation is one of the important matters in jurisprudential, social, and legal laws, this paper intends to deal with the genealogical relation of children through the artificial fecundation.The resulting finding of the study reveals that the consanguine relation of children through these manners is entailed to the owners of sperm and ovule of the married couples.In some cases,there are arguments in relation to the blood-relation of the child through artificial fecundation.However,it is permitted to use ovary transplant for the wife or tha transplant of testicles for the husband.Because after transplant,the donated member is considered as the original organ of the donatee.Therefore,the genealogical relation of the child after birth due to ovary or testicle transplant is connected with spouses without any doubt or uncertainty in respect with the child’s blood-relation.