فصلنامه فقه و تاریخ تمدن
سال ششم شماره 22 (زمستان 1388)

The first glance at the developing trend of the evolution of the Islamic culture and civilization, and the confrontation between intellect and traditionand the paradoxical condition between rationality and tradition manifests itself in such a way that it becomes elusive from the individual’s point of view without penetrating from the surface into the depth.This article seeks to study, explain, and analyze two main points in this concern: first, it proceeds to discuss the historical effect of wisdom and narration to shape the Islamic civilization; second, it goes on to investigate the ups and downs trend of similarities and dissimilarities of rationalism and traditionalism. Later on, the paper considers the historical background of the aforementioned matter during the advancement of the Islamic culture and civilization in three perspectives: the contradiction and confrontation stage; coexisting and multiplying aspect, and the parallel stage of wisdom and tradition.

One of the injunctions of options and freedom of choice occurs when there is wasting and losing one’s property in which one has no right to dissolve it. This is called” the rule of wasting at the time of option on a person who has no choice.”This article is interested in observing the limitation of the domain of this rule which is done based on the library technique.At first, the documentaries of the rule is under consideration, and then the words and opinions of the jurisconsults on this status and usages is studied.Later on, the paper proceeds to conclude the following First of all, this rule is specially applicable to the selling- tie, not in other applied agreements; second, this decree is applicable to only wasting the sold things after considering the heavenly events and pests. Third, this order is particularly workable for the animal case of option and it only depends on the customer’s situation. It is implied that if the sold goods is wasted, lost, or destroyed after receiving at the time when the customer receives it, the selling –tie is dissolved and its price must be returned to the purchaser. Finaly, the aim of the selling warranty according to this rule is the compensation for the wasted thing, not a real one.

Muslim historians consider the beginning of the conflicts and skirmishes between the Muslim Arabs and the Samanid government with the Abu Bakr’s reign, though the victories were intensified during the second caliph’s time. One of the conflicts between the Muslim Arabs and the Samanids was that of Buwayb following the Battle of Bridge, in which the Samanids won the war. However, Iran was not able to benefit enough from that victory. There are different views concerning the date of the war, the names of the commanders-in-chief, and the names of the kings as well as the names of the caliphs.This paper is an atempt to observe the accurate date of the battle as well as the names of the war commanders and those ofkings and caliphs.

Today, Muslims have more relations with the followers of other religions, and the religious, in Iran, have more communications with muslims and also live together with them. On the other hand, the Islamic regime official and the students constantly take trips to various countries all over the world.The quest of untouchability of the heavenly religions followers and other schools and the necessity of keeping away from them is a problem that brings about a serious confinement for the committed individuals to obeying the religious injunctions.However, this problem is solvable through regarding the shi,i school and jurisprudence. For, one of the special aspects of the shi,i school is the application of the ijtehad element in the expansion of the religious texts.There are two different viewpoints on the matter of purification or impurification of the followers of the book which are controversial to the post- sheikh Toosi jurists.This paper is an attempt to investigate and oriticize the proofs of those who believe in the inherent untouchability of the book followers as well as the superiority of the theory of the inherent purification of the book followers.Then, the paper proceeds to recount and analyze the sayings of the great jurists in various periods as well as their reasons and proofs.

Murder, incest or adultery, and theft or robbery are three forms of encroachments and oppressions which under the Jewish and Islamic criminal laws are considered crime and felony that deserve punishment and penalty.This paper seeks to deal with these three kinds of crime: murder, incest, and theft based upon the Gosspel with its interpretation (exegisis) extracted from it while presenting necessary explanations in this concern. It is also interested in studying these three types of crime based on the Holy Qur’an as well as on traditions with particular explanations and comparisons ending in a reasonable conclusion.The article proceeds to investigate in this context considering a basic analysis and Intellectual reasoning based upon the library studies, which results in the following remarkable points: - In the Jewish texts the punishment of murder is retaliation, and there is nothing as blood-money payment, except in one case. But in Islam, retaliation can be in the form of blood-money payment in some cases, and occasionally, it may be forgiven.- Under Jewish law, incest or adultery has the severest punishments including body cremation, but in Islam there are serious conditons to prove it to preserve a Muslim’s dignity.- Under the Jewish law, theft or robbery is not of great importance, and its Penalty is only paying compensation for it, while according to Islam, this felony is important, for if it is proved, the penalty is cutting off the hand.- In conclusion, it is observed that the religion of Islam is more moderate and humane than the Jewish creed Thus, the author is attempting to Prove that Islam is the religion of kindness and tenderness, not of cruel and violent nature.

The characteristics of Alexander of Macedonia as a wonderful historical heroic figure along with the contrasting views on his biography as well as the legendary complexity caused by religious versions, have caused him to be considered as a semi- mythical figure and a hero in history.Of course the history readers having the knowledge of his dual images, know well that those who consider him the master of victorious heroes evaluate him positively because their observation is based only upon their unknown information and suppositions, rather than on the basis of reality.The influence of Alexander as a symbol in Persian history and culture is surprising. Perhaps it is partly due to producing of him a hero against the Iranian heroes, with no religious aspect.The true image of him is possible when he is studied through investigational methods, so that the trend of peejudices is reduced.This article is an attempt to study the factuality of Alexander existence as well as the value of consequences of his historical rushes and invasions, after a thousand years, in order to recount his victories.The paper also seeks to investigate the effect of his conquest on the Persia land resulting in the introduction of the Greek civilization and sciences into the field of Islamic knowledge. However, the appearance of many learned men, at the time of Alexander’s invasion, as the greatest emperor of human history, has been recorded.

The phenomenon of the trade of human beings illegally, specially children and women, is considered an international institutionalized crime and felony, against which various international protocols have been written and signed. In Iran, certain policies during the Pre-Islamic Revolution based on the acceptance and the signature of certain international commitments as well as the Compilation and imposition of some scattered laws to fight against it have been made, but they have not been very workable in practice due to the policies of the Pahlavid Regime. Following the Islamic Revolution, remarkable transformations and developments In this area have been made, the most important of which is the passing of the anti-smuggling law in 1383.The present paper is an attempt to investigate and analyze the anti-smuggling of human beings law based upon the jursiprudential principles while expaining certain policies in this concern. It also observes its existing flaws and defects while offering some practical approaches to remove its shortages and imperfections and trying to conform it with the Divine Laws of Islam and with the constitutional law as well as possible.

Muslim historians consider the beginning of the conflicts and skirmishes between the Muslim Arabs and the Samanid government with the Abu Bakr’s reign, though the victories were intensified during the second caliph’s time. One of the conflicts between the Muslim Arabs and the Samanids was that of Buwayb following the Battle of Bridge, in which the Samanids won the war. However, Iran was not able to benefit enough from that victory. There are different views concerning the date of the war, the names of the commanders-in-chief, and the names of the kings as well as the names of the caliphs.This paper is an atempt to observe the accurate date of the battle as well as the names of the war commanders and those ofkings and caliphs.