International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 A Jurisprudential Study about Getting paid in Para Judgement in Islamic denominations Jurisprudential Point of Views A Jurisprudential Study about Getting paid in Para Judgement in Islamic denominations Jurisprudential Point of Views 5 23 181341 10.22034/fm.2023.181341 FA Ali Mortazavimehr Assistant Professor at Department of Theology, Faculty of Literature and Human Sciences, Razi University, Kermanshah, Iran Setareh Azadi MA at Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Human Sciences, Razi University, Kermanshah, Iran 0000-0002-5695-7616 Journal Article 2023 04 18 Getting paid to judge is one of the most important and controversial issues in judicial jurisprudence, which can be examined in two categories: first is getting paid to judge in exchange for judgement, and the other is getting paid in exchange for “para judicial” issues which are so important. Para judicial issues are preliminaries of judgement, such as hearing lawsuit, taking oaths, criticism and adjustment; or some issues about judgement, such as writing, examination, translation etc. This research has analyzed different denominations jurisprudence statements in a descriptive analytical way. The result consists of different points of views. Some jurists allow getting paid in para judicial issues absolutely, while others believe in absolute prohibition. However, according to most Imami and Public (Amah) jurists we believe in separation between getting paid in exchange for mandatory prerequisites of judgement which influence directly on judge ruling and getting paid in exchange for minor and ineffective affairs in ruling. So, it is prohibited in mandatory prerequisites and it is permissible in minor affairs. Getting paid to judge is one of the most important and controversial issues in judicial jurisprudence, which can be examined in two categories: first is getting paid to judge in exchange for judgement, and the other is getting paid in exchange for “para judicial” issues which are so important. Para judicial issues are preliminaries of judgement, such as hearing lawsuit, taking oaths, criticism and adjustment; or some issues about judgement, such as writing, examination, translation etc. This research has analyzed different denominations jurisprudence statements in a descriptive analytical way. The result consists of different points of views. Some jurists allow getting paid in para judicial issues absolutely, while others believe in absolute prohibition. However, according to most Imami and Public (Amah) jurists we believe in separation between getting paid in exchange for mandatory prerequisites of judgement which influence directly on judge ruling and getting paid in exchange for minor and ineffective affairs in ruling. So, it is prohibited in mandatory prerequisites and it is permissible in minor affairs.

https://fiqhemoqaran.mazaheb.ac.ir/article_181341_a1690a25b0b59964fb203c40f9e0d964.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 The purposeful re-examination of jurisprudential documentation of women's testimony in extreme crimes The purposeful re-examination of jurisprudential documentation of women's testimony in extreme crimes 25 51 181904 10.22034/fm.2023.181904 FA Mostafa Kaykha PhD student at University of Sistan & Baluchestan Seyed Mahdi Ahmadi Nik Assistant Professor at Razavi University of Islamic Sciences 0000-0001-6976-1471 Reza Haqpanah Assistant Professor at Razavi University of Islamic Sciences Journal Article 2023 07 05 Legal systemization based on Islamic jurisprudence has led to many opinions of jurists entering the field of law. On the other hand, the ever-increasing developments and social demands clearly do not reflect some opinions of traditional jurisprudence; the non-acceptance of women's testimony is one of these cases. Non-acceptance individually and the multiplicity and difference of fatwas in acceptance or non-acceptance in many cases despite the agreement of jurisprudence documents, as well as factors such as the requirements of the time, the change and development of women's status, social status… play an effective role in creating non-acceptance. Purposive jurisprudence and paying attention to the dynamics of jurisprudence, along with the developments and issues of the day, creates this capacity to pass through the jurisprudence of Nas Basand (text is enough). The following descriptive-analytical writing with library data with the aim of evaluating this fatwa deals with the purpose-oriented and systematic rethinking of the documents and arguments of those who claim that women should not testify by insisting on the purpose of self-preservation as a necessary purpose of the Sharia and with the presupposition that testimony is a method. A different result is reached with the opinions and thoughts of jurists. This article examines induction, sounding and dividing as ways to discover the purpose of a woman's testimony, and by focusing on the method of testimony, it achieves a destination that absolutely considers women's testimony in crimes subject to the limit to be acceptable. Legal systemization based on Islamic jurisprudence has led to many opinions of jurists entering the field of law. On the other hand, the ever-increasing developments and social demands clearly do not reflect some opinions of traditional jurisprudence; the non-acceptance of women's testimony is one of these cases. Non-acceptance individually and the multiplicity and difference of fatwas in acceptance or non-acceptance in many cases despite the agreement of jurisprudence documents, as well as factors such as the requirements of the time, the change and development of women's status, social status… play an effective role in creating non-acceptance. Purposive jurisprudence and paying attention to the dynamics of jurisprudence, along with the developments and issues of the day, creates this capacity to pass through the jurisprudence of Nas Basand (text is enough). The following descriptive-analytical writing with library data with the aim of evaluating this fatwa deals with the purpose-oriented and systematic rethinking of the documents and arguments of those who claim that women should not testify by insisting on the purpose of self-preservation as a necessary purpose of the Sharia and with the presupposition that testimony is a method. A different result is reached with the opinions and thoughts of jurists. This article examines induction, sounding and dividing as ways to discover the purpose of a woman's testimony, and by focusing on the method of testimony, it achieves a destination that absolutely considers women's testimony in crimes subject to the limit to be acceptable.

https://fiqhemoqaran.mazaheb.ac.ir/article_181904_7f3d82d5a38814803752959e9184bf1f.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 The bases of prohibition of cultural crimes in Imamiyyah and Shafi'iyyah jurisprudence The bases of prohibition of cultural crimes in Imamiyyah and Shafi'iyyah jurisprudence 53 75 175471 10.22034/fm.2023.175471 FA Fatemeh Rahanjam PhD student at International University of Islamic Denominations Mahdi Rahbar Associate Professor at International University of Islamic Denominations 0009-0005-2238-3924 Shakiba Amirkhani Assistant Professor at International University of Islamic Denominations Journal Article 2023 02 22 Cultural crimes is a multifaceted and intricate issue whose harm to communities’ cultures can lead to a reversal of values and norms. This type of crime means any act or omission that is committed against culture or its components and leads to the destruction, distortion, overturning of culture or wounding of public conscience. Despite the numerous negative impacts of crimes against culture, particularly in Islamic countries, they have not received the necessary attention, and offenders do not receive appropriate punishment. In this research, an attempt has been made to investigate the legal foundations of the prohibition of these crimes from the perspective of Imami and Shafi'i jurisprudence using the descriptive-analytical method and using library sources. The result of this research shows the verses of corruption in the earth, avoiding the word of falsehood and the sanctity of spreading prostitution, the traditions of the sanctity of education and learning pure haram and the violation of the right, the reason of reason, the rules of harmlessness, bear the special harm to ward off the general harm, the subjugation of the subject, the judgment of the matter. Corruption, the first evil of corruption, seeking to make amends and honoring the cause, according to various examples of cultural crimes, implies the prohibition of these crimes. Cultural crimes is a multifaceted and intricate issue whose harm to communities’ cultures can lead to a reversal of values and norms. This type of crime means any act or omission that is committed against culture or its components and leads to the destruction, distortion, overturning of culture or wounding of public conscience. Despite the numerous negative impacts of crimes against culture, particularly in Islamic countries, they have not received the necessary attention, and offenders do not receive appropriate punishment. In this research, an attempt has been made to investigate the legal foundations of the prohibition of these crimes from the perspective of Imami and Shafi'i jurisprudence using the descriptive-analytical method and using library sources. The result of this research shows the verses of corruption in the earth, avoiding the word of falsehood and the sanctity of spreading prostitution, the traditions of the sanctity of education and learning pure haram and the violation of the right, the reason of reason, the rules of harmlessness, bear the special harm to ward off the general harm, the subjugation of the subject, the judgment of the matter. Corruption, the first evil of corruption, seeking to make amends and honoring the cause, according to various examples of cultural crimes, implies the prohibition of these crimes.

https://fiqhemoqaran.mazaheb.ac.ir/article_175471_a9c8dcb24f958ab3958411d0a9076a00.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 Criticism of the theory of non-obligation to the codified jurisprudential denominations Criticism of the theory of non-obligation to the codified jurisprudential denominations 77 110 177110 10.22034/fm.2023.177110 FA Aboubakr Ahmadi PhD student at Tehran University Jalil Omidi Professor at Tehran University Mohammad Jamali Assistant Professor at Tehran University 0009-0004-9798-679X Younes Farahmand Associate Professor at Department of History and Civilization of Islamic Nations, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran Journal Article 2023 01 09 In the late second and early third centuries AH, after passing a period of scattered opinions and fatwas, Islamic jurisprudence in a natural and logical process - as is the characteristic of every human knowledge -organized gradually in the form of jurisprudence denominations with scientific frameworks and certain methods of Ijtihad. Thereafter, most of all Muftis adopted one of the denominations of jurisprudence and they conducted ijtihad and derivation of rulings in the scope of its rules and regulations, while trying to refine the foundations of the adopted denomination, they gave answers to emerging issues. By choosing one of the denominations of thought and adhering to its fatwa, the imitators and followers received the answers to their problems from the sources of the chosen denomination and the fatwas of its mujtahids. Along with this main stream, which found intellectual and customary acceptance, throughout the history of jurisprudence, especially in the contemporary era, some have opposed and confronted the obligation to the jurisprudential school and adherence to the bases of ijtihad and jurisprudential fatwas of denominations. The necessity of taking rulings directly from the Qur’an and the Sunnah, the innovation of compiling the jurisprudential denominations and following them, the connection of following denominations with jurisprudential prejudices and the plurality of mujtahids are the most important justifications and reasons of this theory. After examining the issue and evaluating the evidence, this critical research has shown the weakness of the theoretical foundations and reasons cited by the advocates of the theory in question, the necessity of adhering to codified denominations, and the necessity of closing the ways of jurisprudential regression and returning to the scattered practices of the past. In the late second and early third centuries AH, after passing a period of scattered opinions and fatwas, Islamic jurisprudence in a natural and logical process - as is the characteristic of every human knowledge -organized gradually in the form of jurisprudence denominations with scientific frameworks and certain methods of Ijtihad. Thereafter, most of all Muftis adopted one of the denominations of jurisprudence and they conducted ijtihad and derivation of rulings in the scope of its rules and regulations, while trying to refine the foundations of the adopted denomination, they gave answers to emerging issues. By choosing one of the denominations of thought and adhering to its fatwa, the imitators and followers received the answers to their problems from the sources of the chosen denomination and the fatwas of its mujtahids. Along with this main stream, which found intellectual and customary acceptance, throughout the history of jurisprudence, especially in the contemporary era, some have opposed and confronted the obligation to the jurisprudential school and adherence to the bases of ijtihad and jurisprudential fatwas of denominations. The necessity of taking rulings directly from the Qur’an and the Sunnah, the innovation of compiling the jurisprudential denominations and following them, the connection of following denominations with jurisprudential prejudices and the plurality of mujtahids are the most important justifications and reasons of this theory. After examining the issue and evaluating the evidence, this critical research has shown the weakness of the theoretical foundations and reasons cited by the advocates of the theory in question, the necessity of adhering to codified denominations, and the necessity of closing the ways of jurisprudential regression and returning to the scattered practices of the past.

https://fiqhemoqaran.mazaheb.ac.ir/article_177110_80f4ec808c5e4daeec7a6e3b5e8bcb28.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 Analyzing the proofs of collateral transfer in Islamic jurisprudence and Iranian law Analyzing the proofs of collateral transfer in Islamic jurisprudence and Iranian law 111 135 171196 10.22034/fm.2023.171196 FA Mohammad Ebrahim Davoodabadi Farahani PhD student at Department of Private Law, Faculty of Humanities, Saveh Branch, Islamic Azad University, Saveh, Iran Jalil Ghanavati Associate Professor at Faculty of Law, College of Farabi, Tehran University, Qom, Iran Mahmoud Ghaumzadeh Professor at Department of Islamic Culture and Education, Faculty of Humanities, Saveh Branch, Islamic Azad University, Saveh, Iran Journal Article 2022 12 21 According to the articles of the civil law regarding mortgage, the endorsement of intangible property is impossible and the transfer of any type of collateral is prohibited until the debtor is discharged, and this has caused most of the funds to leave the economic cycle and endorsement, which should help with providing stable security. Conducting transactions and their prosperity will cause a lot of loss. In order to eliminate the aforementioned defects and provide a way to prepare the desired legal documents regarding the transfer of collateral, in this article, the author tries to analyze the jurisprudential opinions and their documents and evidences regarding the collateral transfer in a descriptive-analytical manner and then with the accuracy and deepening of the subject of objective right and the explanation of the unity of the criteria in cases such as the transfer of land in ease with the transfer of the object of the debtor and also the new interpretation of the prophetic narration regarding the prohibition of the mortgagor and the mortgagor from the transfer of the object of the debtor in terms of the evolution of some of the credit concepts of jurisprudence and law over time (such as the transformation of the concept of property) and paying attention to the essential role of non-material factors in maintaining and facilitating the transfer of rights and assets, such as registration on the property line, to show that the transfer of collateral is not an exceptional transaction but is subject to the general rules of contracts. According to the articles of the civil law regarding mortgage, the endorsement of intangible property is impossible and the transfer of any type of collateral is prohibited until the debtor is discharged, and this has caused most of the funds to leave the economic cycle and endorsement, which should help with providing stable security. Conducting transactions and their prosperity will cause a lot of loss. In order to eliminate the aforementioned defects and provide a way to prepare the desired legal documents regarding the transfer of collateral, in this article, the author tries to analyze the jurisprudential opinions and their documents and evidences regarding the collateral transfer in a descriptive-analytical manner and then with the accuracy and deepening of the subject of objective right and the explanation of the unity of the criteria in cases such as the transfer of land in ease with the transfer of the object of the debtor and also the new interpretation of the prophetic narration regarding the prohibition of the mortgagor and the mortgagor from the transfer of the object of the debtor in terms of the evolution of some of the credit concepts of jurisprudence and law over time (such as the transformation of the concept of property) and paying attention to the essential role of non-material factors in maintaining and facilitating the transfer of rights and assets, such as registration on the property line, to show that the transfer of collateral is not an exceptional transaction but is subject to the general rules of contracts.

https://fiqhemoqaran.mazaheb.ac.ir/article_171196_200a6afdb4e239a3cf0baa26cfe4b675.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 The guarantee of the implementation of the condition of the act and its effects in five denominations and Iranian law The guarantee of the implementation of the condition of the act and its effects in five denominations and Iranian law 137 156 168493 10.22034/fm.2023.168493 FA Ahmad Rezvani Mofrad Assistant Professor at Bu-Ali Sina University 0000-0001-8639-1871 Meysam Mohammadi PhD student at International University of Islamic Denominations 0000-0002-5097-2786 Maryam Zivari Mehrban MA at Bu-Ali Sina University Journal Article 2022 07 13 In everyday life, people undertake obligations in the form of conditions in a contract, one of the most important of which is the verb condition, which has many uses. According to the evidence of the conditions, it is obligatory for the defendant to comply with the provisions of the condition, but sometimes he may not fulfill his obligations and there is a violation of the condition of the act, and there are wide differences regarding the guarantee of its implementation. Therefore, the purpose of this research is to compare the guarantee of the implementation of the verb condition in Imami jurisprudence, Sunni jurisprudence and civil law. According to the famous Imami jurists, which has been followed by the civil law, the guarantee of the fulfillment of the condition of the act is primarily conditional coercion against the fulfillment of the obligation, and in case of excused coercion, there is a right of rescission, which today has limitations, but some believe that the right of coercion and the right of termination are contradictory, which has its supporters. Among Sunni jurisprudents, there are differences of opinion regarding the performance guarantee, some of them believe in the long-term theory of the performance guarantee, and some believe in the initial termination without the right of coercion. In everyday life, people undertake obligations in the form of conditions in a contract, one of the most important of which is the verb condition, which has many uses. According to the evidence of the conditions, it is obligatory for the defendant to comply with the provisions of the condition, but sometimes he may not fulfill his obligations and there is a violation of the condition of the act, and there are wide differences regarding the guarantee of its implementation. Therefore, the purpose of this research is to compare the guarantee of the implementation of the verb condition in Imami jurisprudence, Sunni jurisprudence and civil law. According to the famous Imami jurists, which has been followed by the civil law, the guarantee of the fulfillment of the condition of the act is primarily conditional coercion against the fulfillment of the obligation, and in case of excused coercion, there is a right of rescission, which today has limitations, but some believe that the right of coercion and the right of termination are contradictory, which has its supporters. Among Sunni jurisprudents, there are differences of opinion regarding the performance guarantee, some of them believe in the long-term theory of the performance guarantee, and some believe in the initial termination without the right of coercion.

https://fiqhemoqaran.mazaheb.ac.ir/article_168493_545eb96e7b99590c9152085f36db6208.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 ‌‌‌‌‌‌The order of reciting the Qur'an during menstruation ‌‌‌‌‌‌The order of reciting the Qur'an during menstruation 157 177 175470 10.22034/fm.2023.175470 FA Salem Afsari Assistant Professor at Department of Shafe'ee Jurisprudence, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran 0009-0000-7254-2405 Sogand Karimi Bachelor at Shafe'ee Jurisprudence, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran Journal Article 2023 03 13 Menstruation is one of the recurring issues affecting women, which entails many rules such as purity, prayer, fasting, reciting the Qur'an and other things. On the other hand, reciting the Qur'an abundantly is recommended according to the command of God Almighty and the saying of the Prophet and is considered one of the greatest acts of worship. However, there is considerable debate on the necessity of minor ablution or major ablution (ghusl) for a menstruating woman while reciting the Quran or touching the Mushaf. Employing a descriptive -analytical manner, the present research seeks to analyze the available jurisprudential views on recitation of the Holy Quran by menstruating women. The majority of jurists, including Shafi'iyyah, Hanafiyyah and Hanbaliyyah, believe that reciting the Qur'an by a menstruating woman is haram and is permissible only in cases of necessity, including the fear of forgetting and reciting the Qur'anic remembrance. In contrast to this view, Malikiyyah posits that reciting the Qur'an by a menstruating woman is permissible. The Imamiyyah also considers recitation of the Qur'an by a menstruating woman as permissible, except for the Surahs of Al-Azaim. This research advocates the views of those who consider this issue as permissible due the strength of their argumentation, reference to the principle of permission, and the week arguementaion of those who regarded the issue as haram. Menstruation is one of the recurring issues affecting women, which entails many rules such as purity, prayer, fasting, reciting the Qur'an and other things. On the other hand, reciting the Qur'an abundantly is recommended according to the command of God Almighty and the saying of the Prophet and is considered one of the greatest acts of worship. However, there is considerable debate on the necessity of minor ablution or major ablution (ghusl) for a menstruating woman while reciting the Quran or touching the Mushaf. Employing a descriptive -analytical manner, the present research seeks to analyze the available jurisprudential views on recitation of the Holy Quran by menstruating women. The majority of jurists, including Shafi'iyyah, Hanafiyyah and Hanbaliyyah, believe that reciting the Qur'an by a menstruating woman is haram and is permissible only in cases of necessity, including the fear of forgetting and reciting the Qur'anic remembrance. In contrast to this view, Malikiyyah posits that reciting the Qur'an by a menstruating woman is permissible. The Imamiyyah also considers recitation of the Qur'an by a menstruating woman as permissible, except for the Surahs of Al-Azaim. This research advocates the views of those who consider this issue as permissible due the strength of their argumentation, reference to the principle of permission, and the week arguementaion of those who regarded the issue as haram.

https://fiqhemoqaran.mazaheb.ac.ir/article_175470_58e9cc163efeff5c91a24b96b1e2fd71.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 A Comparative Study on Conditional Contract in Hanafi and Maliki Jurisprudences A Comparative Study on Conditional Contract in Hanafi and Maliki Jurisprudences 179 202 182436 10.22034/fm.2023.182436 FA Seyed Mohammad Asadinejad Associate Professor at University of Guilan 0000-0001-8664-105X Ali Sadeqi PhD student at University of Guilan 0000-0001-8470-7123 Journal Article 2023 05 09 A conditional contract is different from an unconditional contract in both terms and nature. There is no doubt about the validity of the unconditional contract despite the existence of the terms of the contract. However, the dependence of the conditional contract on another external matter has turned it into one of the challenging issues in jurisprudence and law. Considering the increasing spread of conditional contracts, invalidating them hinders the development of private rights and hinders the progress of society. With this aim, in this article, two denominations of jurisprudence and law are studied. The main issue in this research is whether it is correct to suspend legal actions in Hanafi and Maliki denominations of jurisprudence. This research, which was carried out in a library form and by referring to the reliable jurisprudence sources of the two mentioned denominations, shows that in Hanafi and Maliki jurisprudence, there is no general opinion about the possibility of suspending legal actions, but the possibility of suspending is separated in different legal actions. For the inauthenticity of legal acts, Hanafi jurists usually cite the fact that a suspended legal act is arbitrary and its similarity to gambling and the opposition of suspension to the nature of legal acts, but Maliki jurists consider certainty necessary in property transactions and suspension is contrary to this certainty. Examining the arguments of the jurists of these two jurisprudences shows that these arguments do not have a solid basis and cannot be used as a reason for the annulment of a suspended contract. A conditional contract is different from an unconditional contract in both terms and nature. There is no doubt about the validity of the unconditional contract despite the existence of the terms of the contract. However, the dependence of the conditional contract on another external matter has turned it into one of the challenging issues in jurisprudence and law. Considering the increasing spread of conditional contracts, invalidating them hinders the development of private rights and hinders the progress of society. With this aim, in this article, two denominations of jurisprudence and law are studied. The main issue in this research is whether it is correct to suspend legal actions in Hanafi and Maliki denominations of jurisprudence. This research, which was carried out in a library form and by referring to the reliable jurisprudence sources of the two mentioned denominations, shows that in Hanafi and Maliki jurisprudence, there is no general opinion about the possibility of suspending legal actions, but the possibility of suspending is separated in different legal actions. For the inauthenticity of legal acts, Hanafi jurists usually cite the fact that a suspended legal act is arbitrary and its similarity to gambling and the opposition of suspension to the nature of legal acts, but Maliki jurists consider certainty necessary in property transactions and suspension is contrary to this certainty. Examining the arguments of the jurists of these two jurisprudences shows that these arguments do not have a solid basis and cannot be used as a reason for the annulment of a suspended contract.

https://fiqhemoqaran.mazaheb.ac.ir/article_182436_ac9453af5d86dcd3a239eb05434cf405.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 Reconsidering the Criminalization of Apostasy with a Maqasid al-Shari'a Approach Reconsidering the Criminalization of Apostasy with a Maqasid al-Shari'a Approach 203 237 184088 10.22034/fm.2023.184088 FA Mahmood Khosh Khabar PhD student at International University of Islamic Denominations Mahmood Veisi Assistant Professor at International University of Islamic Denominations 0000-0002-7915-2853 Hamed Rostami Najafabadi Assistant Professor at International University of Islamic Denominations 0000-0001-5527-4269 Ahmad Falahi Assistant Professor at University of Kurdistan Journal Article 2023 05 08 Apostasy is among the acts its worldly punishment is controversial; Some people, citing the Hadith, consider the punishment of the apostate to be execution, and others believe that according to the verses of the Holy Quran, the foundations of the texts and the Maqasid al-Shari'a, the punishment of the apostate is in otherworldly and not worldly. In this article, with a descriptive-analytical method and using library sources, different points of view have been examined and the worldly punishment of the apostate has been criticized by emphasizing on the purposeful reading. In the Maqasid approach, it has been stated that the preservation of denomination as one of the Maqasids has its meaning in the light of preserving the whole denomination and reducing it to details has not been the concern of the Maqasids. In addition, the purpose of self-preservation from its spiritual-psychological dimension and the preservation of reason in this dimension, emphasizes on the need to pay attention to the freedom of belief as one of the Maqasids of Sharia which guaranties the freedom in realm of belief. Also forcing people to accept Islam is neither possible nor desirable, and God Almighty has denied any kind of reluctance and compulsion in accepting religion or continuing religious practice. Moreover, emphasizing the worldly punishment of the apostate causes people to hide their apostasy and another evil (hypocrisy) arises. In addition, interfering in the inner and hidden affairs of others, is against some other Maqasids, such as self-preservation and individual freedom. Apostasy is among the acts its worldly punishment is controversial; Some people, citing the Hadith, consider the punishment of the apostate to be execution, and others believe that according to the verses of the Holy Quran, the foundations of the texts and the Maqasid al-Shari'a, the punishment of the apostate is in otherworldly and not worldly. In this article, with a descriptive-analytical method and using library sources, different points of view have been examined and the worldly punishment of the apostate has been criticized by emphasizing on the purposeful reading. In the Maqasid approach, it has been stated that the preservation of denomination as one of the Maqasids has its meaning in the light of preserving the whole denomination and reducing it to details has not been the concern of the Maqasids. In addition, the purpose of self-preservation from its spiritual-psychological dimension and the preservation of reason in this dimension, emphasizes on the need to pay attention to the freedom of belief as one of the Maqasids of Sharia which guaranties the freedom in realm of belief. Also forcing people to accept Islam is neither possible nor desirable, and God Almighty has denied any kind of reluctance and compulsion in accepting religion or continuing religious practice. Moreover, emphasizing the worldly punishment of the apostate causes people to hide their apostasy and another evil (hypocrisy) arises. In addition, interfering in the inner and hidden affairs of others, is against some other Maqasids, such as self-preservation and individual freedom.

https://fiqhemoqaran.mazaheb.ac.ir/article_184088_24d01f05d8f1f1dc9bd7dce7d5951108.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 Penal facilities for women from the perspective of Ahl al-Bayt (AS) and Hanafi jurisprudence Penal facilities for women from the perspective of Ahl al-Bayt (AS) and Hanafi jurisprudence 239 259 183968 10.22034/fm.2023.183968 FA Mohammad Ewaz Ashrafi Student of level five at Al-Mustafa International University, Qom Mahdi Oji Assistant Professor at Al-Mustafa International University, Qom Journal Article 2023 02 20 The gender difference between men and women is part of the system of human creation, which requires differences in some duties and rights of men and women. This difference in Islam is considered in the setting of rules and laws, is considered, as a context of legislation, and causes facilities and it has become the penal code of women. This study seeks to find out the penal facilities for women from the perspective of Ahl al-Bayt (as) jurisprudence and Hanafi jurisprudence. This article, with descriptive-analytical method and survey technique using library and digital tools, concludes that Shiite and Hanafi jurisprudence have considered the gender differences between men and women and based on them in areas such as women's exemption from some Punishments, changing the type of punishment, delaying the punishment, and reducing the quality of punishment are facilitated for women, and some penal facilities such as not shaving their hair, not being deported, not being cleansed, not being punished for adultery in a mad woman, not to kill an apostate, not to kill an infidel in adultery with a Muslim, not to stone a prostitute in adultery with a minor, Delaying the limit of female breathing and Musthaza , delayed limit in pregnant and lactating women, sitting on the limit of whipping and whipping over clothes, has set for women. The gender difference between men and women is part of the system of human creation, which requires differences in some duties and rights of men and women. This difference in Islam is considered in the setting of rules and laws, is considered, as a context of legislation, and causes facilities and it has become the penal code of women. This study seeks to find out the penal facilities for women from the perspective of Ahl al-Bayt (as) jurisprudence and Hanafi jurisprudence. This article, with descriptive-analytical method and survey technique using library and digital tools, concludes that Shiite and Hanafi jurisprudence have considered the gender differences between men and women and based on them in areas such as women's exemption from some Punishments, changing the type of punishment, delaying the punishment, and reducing the quality of punishment are facilitated for women, and some penal facilities such as not shaving their hair, not being deported, not being cleansed, not being punished for adultery in a mad woman, not to kill an apostate, not to kill an infidel in adultery with a Muslim, not to stone a prostitute in adultery with a minor, Delaying the limit of female breathing and Musthaza , delayed limit in pregnant and lactating women, sitting on the limit of whipping and whipping over clothes, has set for women.

https://fiqhemoqaran.mazaheb.ac.ir/article_183968_c0a2693f671aa9a441f5896e2f668f7a.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 Validity of Solemn Imprecation against Modern Technologies in Jurisprudence and Iranian Law Validity of Solemn Imprecation against Modern Technologies in Jurisprudence and Iranian Law 261 281 186643 10.22034/fm.2023.186643 FA Zahra Najafi Firoozabad PhD student at Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran Mohammad Jafari Harandi Associate Professor at Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Yadegar-e- Imam Khomeini (RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran Seyed Abulqasim Naqibi Professor at Department of Jurisprudence and Law, Faculty of Humanities, Shahid Motahari University, Tehran, Iran 0000-0001-7761-7832 Journal Article 2023 08 06 Family as the basic unit of society plays a pivotal role in individual and social development. Relationships of affinity or consanguinity interrelates family members and there are a lot of rights and obligations in the religious law to preserve and consolidate family relations. In jurisprudence, the term "solemn imprecation" uses when a couple curse each other. It is a ceremony performed by specific words and terms in presence of a judge where a man accuses his wife of adultery or repudiate paternity of a child born to his wife. It is one way of divorce in Islamic jurisprudence and Iranian civil law. Modern technologies and its rapid development has exerted a powerful influence over our lives. In this article, the author's attention was concentrated on not only the nature and effects of solemn imprecation but also on functions of latest medical advances as a solution for proof of lineage assessing its validity. Jurisprudential sources were reliable source of reference for this research. The results indicate that if there would be a solution other than solemn imprecation to verify husband's claim with a great degree of certainty or valid conjecture, it could be viewed as a viable alternative to dispute settlement. Family as the basic unit of society plays a pivotal role in individual and social development. Relationships of affinity or consanguinity interrelates family members and there are a lot of rights and obligations in the religious law to preserve and consolidate family relations. In jurisprudence, the term "solemn imprecation" uses when a couple curse each other. It is a ceremony performed by specific words and terms in presence of a judge where a man accuses his wife of adultery or repudiate paternity of a child born to his wife. It is one way of divorce in Islamic jurisprudence and Iranian civil law. Modern technologies and its rapid development has exerted a powerful influence over our lives. In this article, the author's attention was concentrated on not only the nature and effects of solemn imprecation but also on functions of latest medical advances as a solution for proof of lineage assessing its validity. Jurisprudential sources were reliable source of reference for this research. The results indicate that if there would be a solution other than solemn imprecation to verify husband's claim with a great degree of certainty or valid conjecture, it could be viewed as a viable alternative to dispute settlement.

https://fiqhemoqaran.mazaheb.ac.ir/article_186643_11d0226a86b660835a293bc3daa56ea1.pdf

International University of Islamic Denominations Fiqhe Moqaran 2322-1976 11 21 2023 06 22 Examining and criticizing the views of Shia and Sunni jurists on the use of Idhtiba' and Raml (Harvaleh) in Tawaf Examining and criticizing the views of Shia and Sunni jurists on the use of Idhtiba' and Raml (Harvaleh) in Tawaf 283 303 186206 10.22034/fm.2023.186206 FA Seyed Jafar Sadeghi Fadaki Assistant Professor at Research Center for Quranic Sciences and Culture, Islamic Sciences and Culture Academy, Qom Journal Article 2023 04 09 Among the practices of Hajj and Umrah is circumambulation around the House of God, for which rules and customs are mentioned in the Sharia. Among the customs that are disputed by Islamic jurists in this practice are the use of Idhtiba' and Raml in Tawaf. Most of the jurists of the Sunni denominations of thought have considered these two actions Mustahab based on the life of the Messenger of God, and some of them have ruled that Harvaleh is obligatory. Some of the advanced jurists of the Imamiyyah have also considered these two acts as mustahab, citing the above-mentioned reason. According to most of the Imami jurists, these two actions after the Prophet were not recommended, and on the other hand, they considered it recommended moving slowly and with moderation in Tawaf. In this research, while explaining the reason for the emergence of these two practices in Islam and proposing the views raised by the jurists of Islamic denominations, the sum of the two recent views is counted as the correct theory in this regard, and while criticizing the evidence of the first view, this view is proved with various and numerous proofs. it is arrived. Among the practices of Hajj and Umrah is circumambulation around the House of God, for which rules and customs are mentioned in the Sharia. Among the customs that are disputed by Islamic jurists in this practice are the use of Idhtiba' and Raml in Tawaf. Most of the jurists of the Sunni denominations of thought have considered these two actions Mustahab based on the life of the Messenger of God, and some of them have ruled that Harvaleh is obligatory. Some of the advanced jurists of the Imamiyyah have also considered these two acts as mustahab, citing the above-mentioned reason. According to most of the Imami jurists, these two actions after the Prophet were not recommended, and on the other hand, they considered it recommended moving slowly and with moderation in Tawaf. In this research, while explaining the reason for the emergence of these two practices in Islam and proposing the views raised by the jurists of Islamic denominations, the sum of the two recent views is counted as the correct theory in this regard, and while criticizing the evidence of the first view, this view is proved with various and numerous proofs. it is arrived.

https://fiqhemoqaran.mazaheb.ac.ir/article_186206_2a5729b25521a9cff3723de6705cb015.pdf