فصلنامه فقه و تاریخ تمدن
سال سوم شماره 11 (بهار 1386)

A notable view of the jurisprudents concerning the condition of deputyship in divorce is that the husband can offer the right of divorce, even in certain or absolute cases, to his wife. And in relation to this attorneyship on the obligatory marriage-tie, as in-marriage-tie, it can be stipulated as a pre-requisite this kind of pre-requisite marriage-tiecan be dissolved or invalidated. And the consensus clain on the invalidity of the deputyship, in case of madness, carries the situations when the deputyship is made independently.But when the wife’s attorneyship is made during the pre-repuisite marriage-tie upon the condition of result or under the practical manner, it cannot be invalidated, even in cases of the husband’s coma or madness.

The expansive land of iran, as the cradle of various cultures, and knowledge and education, has made it possible for the acquisition of scientific outputs through the course of time and during several centuries. In fact, iranian scholars and scientists have had great contributions to this process.The present paper is an attempt to point out briefly the role and contribution of zoroasterian clergymen to preseve and diffuse the ancient civilazation in lran based on the "written heritage" survived from the past periods.The carpets of the islamic civilization have been wovwn with the skilled hands of each muslim tribe and nation, with different tendencies in ideology, tribe and culture. It is noteworthy to mention that all these groups should be brought into consideration.Fortunately, the spirit of indulgence and negligence based zoroasterians and through this valuable islamic technique, they were able to strive in various fields.

The story of creation and man's origin is one of the vital matters that has attracted the minds and attentions of religious and biology scientists. Accoraing to investigation, the quest of man's origin is void and futile because if the word appearance should replace the term creation, we should believe in man's accidental appearance and origin as well as his formation. But it is impossible to consider man's creation for amusement or to be void and futile. At the same time, there have been different views concerning human beings evolution claimed by such scientists as la mark and Darwin, whose theries have been discarded and proved invalid.In short, this article seeks to prove the fact that, according to the divine verses, man's substance was created from baked clay in seven stages, after which the holy spirit was breathed and incorporated into it.

The sun of Islam rose upon a land whose system and society was tribal and its inhabitants were divided into northern and southern Arabs. The Prophet’s religious teachings based upon human fraternity and equality, and at the some time, upon the rejection of racism and tribal class differences and honors of the Arabs community according to revelation, caused to respect and honor chastity and God-fearing and consider it as the real standard of superiority and nobility.Thus the arabs of Qaisi and yamani, converting to islam, ignored the tribal boundaries and helped the Apostle of god convey God's but a careful and statistical investigation reveals that although muhammad- ibn-e-abdullah (pbuh) was from among the adnani and northeern arabs, the Qahtanids had more contrebutions to the spread and protection of islam.This paper is an attempt to study the southern arab's status concerning their quality and quantity aspects to support the prophet (pbuh).

Having settled down across the islamic landa, the mongula established a certain system of government and created certain official organs under the Mongulian titles. So particular terms and titles came into existence.Although the monguls disappeared, along with their rules across the islamic iands, some of their titles and names have remained after then. One of these terms is the word superintendent of police or governor, which has survived so far.This paper is an attemp to study the development of the position of the superintendency of police and its functional limits.

The Rasoolians were from among the jacobian troops, who arrived in Yaman in 579 AH (1183 AD). Gradually, they acquired high positions before the jacobian rulers. King mansour, the first rasoolian ruler, benefited from his independence politically after mansour's death in 628 ah (1238 AD). After him, his successors ruled over yaman until 858 AH (1454 AD).The most important conflicts of Rasoolian sucessors were those of the interior oponents and the controlling of the revolts of the yamani tribes as well as their confrontations with the military invasions of the zaidian Leaders and other attacks. Regardiless of these rushes, the Rasoolian kings, through their political, religious negligence and inconsideration, were able to preserve their rules over Yaman as absolute rulers for 200 years.The control over the strategic territory of Adan and the intermediary role of yaman in trade and business between east and west as well as their friendly relationships with other goverments in commerce brought about their economic Improvement.

Under the principle of permission and permitting license concerning the reasoning facts of Islamic laws (jurisprudential injunctions), the basic principle of all phenomena is permission and permitting license (Abaheh). Accordingly, sports, and physical exercises. and the like are considered to be allowed and permissible unless there should be an authenticated reason for their prohibition or for their non- permission.One of the existing elements of the doubtful prohibition of an act or a phenomenon is the subtopics of worldly amusements or pleasure, and thus, the question is more important when we come to know that these subject matters are put to blame in the holy Quran.This paper seeks to prove the fact that prohibition of such topics as worldly amusements, pastime, and nonsense or futility is not absolutely fix and constant and only some acts such as these topics have been banned for a certain reason, and other acts, even under these titles, are not prohibitted, while they are contained in the principle of permission or permitting license.

The condition of the paternal right for preventing the limits Practice is one of the requisites on which the jurisprudents have stressed concerning the theft and quilty adultery limits.This paper is an attempt, regardless the divine philosophy of this decree in the islamic divine law, to discuss and argue the annexation of the ftandadultery limits, explaining the principles and concepts and considcring the principles and concepts and considering the documents of the great jurisprudents regarding the legality of the aforementioned condition. The outcome of this paper is the fact that, referring to an exception of the father for not exercising the theft limit, it is considered to be against the general rule and general command and notion.Thus, the jurisprudents views in such cases are that it should be carried out under positive proofs that is sufficient, and such an explicit thing does not exist in relevant traditions and versions to accord the juris views in connecxion of the ancestor to father. Consequently, the theory of the new connecxion of the ancestor to father is invalid and imperfect with refernce to traditions in this concern.