International University of Islamic DenominationsFiqhe Moqaran2322-19761220140101The Worthwhile Usufruct and Dissensions between Sunnis ReligionsThe Worthwhile Usufruct and Dissensions between Sunnis Religions5307303FAMohammad AdelZiaey0000-0002-2212-2629Mohammad AzizHesamiJournal Article20130527The ownership of usufructs of the corpus or the individuals and also the worth of them has been accepted by all of Muslim jurists, but the worthwhile usufructs are the subject of discrepancy. On the contrary of the majority of the jurists, the first Hanafi jurists believed that the usufruct of individuals is not property, because they believe property should have a non-fungible existence and also havethe capability of seisin and they refer to Holy Quran (which has assigned property for dower) and also the Prophet's tradition (who has ensured the hell for whom get wage for teaching the Holy Quran) as well as some works of the Companions. But on the other hand the majority of jurists believe the usufruct is more specific than property and the usufructs could been evaluate just like the corpus. They refer to the story of the marriage of Moses (pub) and Shoayb's daughter which two parties assigned usufruct as dower in it. Some verses of Quran which call the dower as a wage, some traditions and also the right costume of people which consider the usufruct as property have been referred by them in this matter. The prerequisite of acceptance of the famous opinion of Hanafis is considering the inaccuracy of assigning the teaching of Holy Quran as dower, non-liability of non-gained usufructs by violator, the impossibility of willing the usufruct and the non-performance of the inheritance in usufructs. But the prerequisite of acceptance of the famous opinion of the majority of Sunni jurists is the justifiability of these matters. The recent Hanafi jurists have accepted some of these matters because of the compulsion and policy. It seems the opinion of the majority of Sunni jurists is better than the other because of accomplishment of the contracts with usufructs and the creation of liability as a result of the destruction of them in all costumes as well as considering the corpus as property because of the usufructs and benefit is the main purpose of property.The ownership of usufructs of the corpus or the individuals and also the worth of them has been accepted by all of Muslim jurists, but the worthwhile usufructs are the subject of discrepancy. On the contrary of the majority of the jurists, the first Hanafi jurists believed that the usufruct of individuals is not property, because they believe property should have a non-fungible existence and also havethe capability of seisin and they refer to Holy Quran (which has assigned property for dower) and also the Prophet's tradition (who has ensured the hell for whom get wage for teaching the Holy Quran) as well as some works of the Companions. But on the other hand the majority of jurists believe the usufruct is more specific than property and the usufructs could been evaluate just like the corpus. They refer to the story of the marriage of Moses (pub) and Shoayb's daughter which two parties assigned usufruct as dower in it. Some verses of Quran which call the dower as a wage, some traditions and also the right costume of people which consider the usufruct as property have been referred by them in this matter. The prerequisite of acceptance of the famous opinion of Hanafis is considering the inaccuracy of assigning the teaching of Holy Quran as dower, non-liability of non-gained usufructs by violator, the impossibility of willing the usufruct and the non-performance of the inheritance in usufructs. But the prerequisite of acceptance of the famous opinion of the majority of Sunni jurists is the justifiability of these matters. The recent Hanafi jurists have accepted some of these matters because of the compulsion and policy. It seems the opinion of the majority of Sunni jurists is better than the other because of accomplishment of the contracts with usufructs and the creation of liability as a result of the destruction of them in all costumes as well as considering the corpus as property because of the usufructs and benefit is the main purpose of property.https://fiqhemoqaran.mazaheb.ac.ir/article_7303_27debb435021eb68b3965290b5e24c49.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761220140101The Necessity of the Legislation of Juridical Rules and the Effects of it in the Proximity of Islamic Religions' ViewpointsThe Necessity of the Legislation of Juridical Rules and the Effects of it in the Proximity of Islamic Religions' Viewpoints31507304FAObaydollahBadpaJournal Article20130313Historically the necessity of legislation of juridical rules as a process was clear for the Islamic religions' jurists and Islamic society has felt this necessity since so many centuries, because this matter is one of the most important aspects of Islamic Ijtehad. Truly the Muslim governors and jurists were vanguard in this process so much before the renaissance. For example the "Bylaw" and then the "al-Majallah al-Ahkam al-Adliyah"have been codified 926 to 976 (h) and 1293 (h). These juridical complexes introduced the Islamic legislation as a scientific movement in different aspects of jurisprudence to the most of the Islamic countries. We could so many important progresses in this matter after the Revolution in the Islamic Republic of Iran. Also this process not only had so many good results in the proximity of juridical viewpoint, but also had a significant role in the introducing the universality of the principles of Islamic law.Historically the necessity of legislation of juridical rules as a process was clear for the Islamic religions' jurists and Islamic society has felt this necessity since so many centuries, because this matter is one of the most important aspects of Islamic Ijtehad. Truly the Muslim governors and jurists were vanguard in this process so much before the renaissance. For example the "Bylaw" and then the "al-Majallah al-Ahkam al-Adliyah"have been codified 926 to 976 (h) and 1293 (h). These juridical complexes introduced the Islamic legislation as a scientific movement in different aspects of jurisprudence to the most of the Islamic countries. We could so many important progresses in this matter after the Revolution in the Islamic Republic of Iran. Also this process not only had so many good results in the proximity of juridical viewpoint, but also had a significant role in the introducing the universality of the principles of Islamic law.https://fiqhemoqaran.mazaheb.ac.ir/article_7304_f52db9f7c0ae7017ee41f63c2a7353bc.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761220140101A Preface for the Judgeship of WomenA Preface for the Judgeship of Women51667305FAMohammadSoroush MahallatiJournal Article20130312The issue of the sanction of the judgeship of women usually begins with explaining the reasoning in this matter and then ends with criticizing and deduction of the opinions. But this article has analyzed the roots of entering to this matter in jurisprudence mid its history at first and then has quoted those reasonings and intended to reveal how the "manhood" has entered to the jurisprudence and if there was a subject as "the conditions of the Judge" just like the subject "the conditions of Imam" at the first days of the codifying the jurisprudence. In this way the subject of the manhood of judge in Imami jurisprudence has been attended with a glimpse on the Sunni jurisprudence and then has revealed that the manhood was not explained in Imami sources and has been considered as a subject "without the Text" in the juridical books. Nevertheless some of the recent jurists consider this condition as an Ijmai opinion. So the juridical studying of this condition depends on an exact study of the history of the subject in the jurisprudence to reveal if we should consider this condition as a certain and undoubted condition which has been accepted by all jurists (in any time) and inevitably had the approval of Masoum (pub). So even if there are some struggles in the proofs of this condition, we must accept it or it is not possible to prove it.The issue of the sanction of the judgeship of women usually begins with explaining the reasoning in this matter and then ends with criticizing and deduction of the opinions. But this article has analyzed the roots of entering to this matter in jurisprudence mid its history at first and then has quoted those reasonings and intended to reveal how the "manhood" has entered to the jurisprudence and if there was a subject as "the conditions of the Judge" just like the subject "the conditions of Imam" at the first days of the codifying the jurisprudence. In this way the subject of the manhood of judge in Imami jurisprudence has been attended with a glimpse on the Sunni jurisprudence and then has revealed that the manhood was not explained in Imami sources and has been considered as a subject "without the Text" in the juridical books. Nevertheless some of the recent jurists consider this condition as an Ijmai opinion. So the juridical studying of this condition depends on an exact study of the history of the subject in the jurisprudence to reveal if we should consider this condition as a certain and undoubted condition which has been accepted by all jurists (in any time) and inevitably had the approval of Masoum (pub). So even if there are some struggles in the proofs of this condition, we must accept it or it is not possible to prove it.https://fiqhemoqaran.mazaheb.ac.ir/article_7305_588da7a73a2e919a23cb9a419c4c6d44.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761220140101The Divorce of Absent Missing Person's Wife in the View of Five Religions and LawThe Divorce of Absent Missing Person's Wife in the View of Five Religions and Law67907306FAEftekharDaneshpoor0009-0004-5472-1468Journal Article20130303The absent missing is a legal term which has been used by the legislator in the Civil Law and the Non-Litigious Matters Act. The subject of the divorce of absent missing person's wife has been discussed by jurists in the condition of the payment of the maintenance or non-payment of it. We could generalize the sanction of it even in the condition of the payment of the maintenance because of the tradition in the case at hand. If we do not believe in this, the inaccessibility to any sign of this husband and his absence as well as the impossibility of acquitting his duties and the subsequent troubles of it could make the subject of her right of divorce indispensable because of "Hardship". This article intends to reveal this matter that if the sentence of divorce in this issue after submitting the plea and before the completion of the four year period is possible and coincides with Islamic law with studying the jurisprudence and the opinions of jurists.The absent missing is a legal term which has been used by the legislator in the Civil Law and the Non-Litigious Matters Act. The subject of the divorce of absent missing person's wife has been discussed by jurists in the condition of the payment of the maintenance or non-payment of it. We could generalize the sanction of it even in the condition of the payment of the maintenance because of the tradition in the case at hand. If we do not believe in this, the inaccessibility to any sign of this husband and his absence as well as the impossibility of acquitting his duties and the subsequent troubles of it could make the subject of her right of divorce indispensable because of "Hardship". This article intends to reveal this matter that if the sentence of divorce in this issue after submitting the plea and before the completion of the four year period is possible and coincides with Islamic law with studying the jurisprudence and the opinions of jurists.https://fiqhemoqaran.mazaheb.ac.ir/article_7306_a523426cc585745318d5f6d91a9c0706.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761220140101The Retaliation of Parents for the Intended Murder of their Bairn in the View of Islamic ReligionsThe Retaliation of Parents for the Intended Murder of their Bairn in the View of Islamic Religions911107307FAMostafaZolfaghartalabMohammadJamali0009-0004-9798-679XJournal Article20130210One of the most important juridical subjects is the retaliation of parents for the intended murder of their bairn. This subject has been discussed in Islamic religions. The Islamic religions' jurists have two different opinions in this subject: first; the majority of Sunnis (Hanafi, Shafe'i and Hanabeleh) and Imami (the famous opinion) believe in the non-retaliation of father and the most important proof of this opinion is the tradition of "father will not retaliate for his bairn". Second; Malekiyah and some of other Muslim jurists believe in the retaliation of parents. Among the proofs of this later opinion we could offer to the generality of the proofs of the retaliation. One of the related matters to the father's retaliation is the difference between the punishment of father and mother which only Imamiyah and Ahmad believe and other religions do not believe. Article 220 of the Islamic Punishment Act generally accepts the opinion of the majority of Sunnis and Imamiyah and in the matter of the difference between the punishment of father and mother accepts the opinion of Imamiyah. It seems the punishment of parents for the intended murder of their bairn is following the conditions of the murder. So if the murder happened in an unjustifiable condition and there was not any misgiving or doubt in it we should believe in the punishment of retaliation for them because of "the corruption on the earth". But if the murder happened in other conditions, the punishment of retaliation will not be applied.One of the most important juridical subjects is the retaliation of parents for the intended murder of their bairn. This subject has been discussed in Islamic religions. The Islamic religions' jurists have two different opinions in this subject: first; the majority of Sunnis (Hanafi, Shafe'i and Hanabeleh) and Imami (the famous opinion) believe in the non-retaliation of father and the most important proof of this opinion is the tradition of "father will not retaliate for his bairn". Second; Malekiyah and some of other Muslim jurists believe in the retaliation of parents. Among the proofs of this later opinion we could offer to the generality of the proofs of the retaliation. One of the related matters to the father's retaliation is the difference between the punishment of father and mother which only Imamiyah and Ahmad believe and other religions do not believe. Article 220 of the Islamic Punishment Act generally accepts the opinion of the majority of Sunnis and Imamiyah and in the matter of the difference between the punishment of father and mother accepts the opinion of Imamiyah. It seems the punishment of parents for the intended murder of their bairn is following the conditions of the murder. So if the murder happened in an unjustifiable condition and there was not any misgiving or doubt in it we should believe in the punishment of retaliation for them because of "the corruption on the earth". But if the murder happened in other conditions, the punishment of retaliation will not be applied.https://fiqhemoqaran.mazaheb.ac.ir/article_7307_a1a527267c0d33a86382a03c4c721cd2.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761220140101Comparison between Muharaba and the Similar TermsComparison between Muharaba and the Similar Terms1111297308FAAli AkbarFarahzadiSayyed KamranFathollahiJournal Article20130512One of the divine prescribed punishments is Muharaba which applies in one of these forms: executing, Solb, Amputation of right hand and left leg and banishment. The proof of these four is the verse 33 of Ma'edeh in Holy Quran. To the traditions and the jurists' opinions, Muhareb is a person who use weapon to horrify and frighten people and makes corruption on the earth by this. Some of jurists consider Muharaba similar and equivalent with some other crimes such as: corruption on the earth, armed rebellion, highway robbery and theft. Although those terms have some joint instances, it does not prove the similarity and parallelism between them. The proof of it is the Islamic texts and also the majority of Imamiyah and Sunnis juridical sources.One of the divine prescribed punishments is Muharaba which applies in one of these forms: executing, Solb, Amputation of right hand and left leg and banishment. The proof of these four is the verse 33 of Ma'edeh in Holy Quran. To the traditions and the jurists' opinions, Muhareb is a person who use weapon to horrify and frighten people and makes corruption on the earth by this. Some of jurists consider Muharaba similar and equivalent with some other crimes such as: corruption on the earth, armed rebellion, highway robbery and theft. Although those terms have some joint instances, it does not prove the similarity and parallelism between them. The proof of it is the Islamic texts and also the majority of Imamiyah and Sunnis juridical sources.https://fiqhemoqaran.mazaheb.ac.ir/article_7308_c923d8f64e256dde7c28bf1614d53602.pdf