فصلنامه فقه و تاریخ تمدن
سال سوم شماره 10 (زمستان 1385)

The supervision and control by citizens over the rulers is an obligation and a right based in various intellectual and narrative reasons. One of these proofs is the "necessity of guiding levers for guiding the ignorant as performing supervisory measures.An accurate watchfulness and control by citizens over a ruler or governors, in case if the latter's going astray intentionally or unintentionally, to guide or prevent them from distortions and deviations is very effective.

Khums ver= bally means a fifth part of the property. Tabari claims that charity is not permitted to be paid to prophet's Household (pbuh), so Allah, the Exalted, has determined khums to be given to them. At the Age of Ignorance, there used to be a sort of khums aming the Arab tribes, but its amount was only a qurter or a fourth (Ruba). A word recounted from Ali-Ibn-e-Hatim saying: "I take a quarter and under Islam I receive khums."The great prophet of Islam (pbuh) divided khums into six parts for God and his Apostle two portions, and one portion for acquaintances and relatives. In Beihaghi traditions, it has been recounted that Holy Ali (a.s.) was reluctant to act against Umar and Abu Bakre's manners. After Holy Ali (a.s.) When Muavieyya became the Muslim's Caliph,he had no different manner. He generally placed khums in his kingdom. Umar-Ibn-e-Abdulaziz believed that khums had to be paid to the prophet's Household again, so that they should use it. Ibn-e-Quddama claimed that whenever he disagreed with the exact text of the Book, his words must not be accepted.

Zoroasterians are one of the religious majorities in Iran and in other Islamic countries. They refer to the Islamic justice courts in case of their religious problems. As marrying their incests is a certain tradition prevailing among them, this question poses itself how the Islamic courts issue decrees in these cases.This paper tends to study jurisprudential and legal performance of decrees on their heritage at Islamic courts based on the Imamiyyah jurisprudence and civic laws. Before arguing the main point, the article seeks to deal with two minor points: 1. the diffence of jurisprudent's opinions concerning whether Zoroasterians are the followers of the Book or not, and 2. the basis of their explanantions recounted in traditions is based on the Magus.Having considered the two above points, the paper observes the outlooks of the Imammiyyah jurisprudents and proceeds to investigate the correct legal laws Articles in Iran in this concern.

This paper aims to investigate and explain the injunctions on passage- obstruction under jurisprudential outlook. First, a brief description on the occupation or blockage of the passage is offered, and second, an argument on jurisprudential decrees on the passage- blockage is given from the obligatory and situational viewpoints, that is, the paper consists of two principal disputes.Studying the obligatory decrees of passage- blockage, regardless of its material and non- material damages or losses for citizens, the paper considers whether it is permitted or not. Some decrees have been questioned of the religious authorities and of the jurisprudents in this concern, and then some jurisprudential words and proofs are quoted. Finally, there is a hint to certain established, laws, after which a conclusion is obtained.This article also seeks to clarify the injunctions and warranty of blockage and the fact whether this matter originally causes damages or harms to an individual or not, and whether there is a warranty for the passage- blocker or not. In this concern, certain phrases and decrees of the jurisprudents and traditions as well as certain Islamic punishments are cited and regarded, with a final conclusion.

During the first Abbassid period (135- 232 LH), a special attention was paid to financial organizations, coin and money,.and financial supreme courts were established for each of which (tributes, rein, courier, alimonies, real estates, etc) a specific obligation was defined and a specific official was appointed.Due to attention to financial affairs, it can be claimed that this era was the best economic, political, and scientific period.Trade and notice to coin and money in this period caused Arabic_ Islamic dirhams and dinars to replace other sassanid and Roman types if cash. Mansour of Abbassi and the succeeding caliphs made special attempts to mint coins while different towns and cities in the east and west areas in Abbassid realm were responsible to coin, where coins were mostly minted in the east because of silver mines and in the west of the caliphat dominion dirhams were coined due to the availability of gold mines.

The Manqatieyya dynasty reached power at Bukhara, supported by Nadir, the king of Afshar, after the Ishtarkhani rule. This dynasty consisted of the Mongolian descendents, retreating from the Europian Russia Territory (Zarrin Camp), and setting down farther in Northern zones and at Mesopotamia. They formed the chieftain (khan) settlement form and clan system. The dynasty commanders –in- chief were powerful during 167 years, that might be divided into two sections due to the Russian invasion and the occupation of the Triple- Chieftain manner: before arriving in Russia, and after the arrival of Russian Empire.Each commander –in- chief was in power, in average of about 20 years. Each of them used to rule over the territory under the despotic manner of the eastern dynasties. Their most important characteristic was their unawareness of the universal upheavals and transformations. The most important event of their commanders in Iran was concerned with their conflict with two khan settlements, i.e., with khivah and khooqand.

The relationship between jurisdiction and manifest, general and particular is absolute. Every jurisdiction is a manifest, but every manifest is not jurisdiction. There is a manifest in the legal jurisdiction which arises from the predominance, but in judicial jurisdiction there is a manifest which has not cone from predominance, but it originates from the context cooperation, conditions and circumstances. There are also some manifestations which are considered neither as judicial jurisdiction nor as legal jurisdictions. Sometimes the mentioned manifest confronts with the origin (association, aquittance, nothingness or annihilation…).In relation to hostility, if the legal jurisdiction and the judicial one are available, the job of judgement is easy, but if these two are absent in case of a manifest arises from the predominance and is it is opposing whit the existing origin, which one is preferable?In current laws of the country, there is no clear criterion or trend to prefer the manifest to origin (source), or vice versa, yet according to conditions and circumstances as well as eveidences, one of them should be preferred.

The prophet (pbuh), during his ten- year life in Madina, spent most of his time in battles and holy wars. This caused some people to consider that he had turned into a violent nature.One of the ways of finding an investigational solution, resulted from factuality and consideration into the prophet's deeds against his obstinate opponents and enemies, is studying his life in Medina.This paper is an attempt to study the prophet's behavior, conduct and his response against the pagans and hypocrites and the followers of the heavenly book as well as the status of mercy in his behavior and conduct towards these groups.