https://fiqhemoqaran.mazaheb.ac.ir/ Fiqhe Moqaran en daily 1 Sun, 22 Jun 2025 00:00:00 +0330 Sun, 22 Jun 2025 00:00:00 +0330 https://fiqhemoqaran.mazaheb.ac.ir/article_197779.html https://fiqhemoqaran.mazaheb.ac.ir/article_237044.html https://fiqhemoqaran.mazaheb.ac.ir/article_231383.html https://fiqhemoqaran.mazaheb.ac.ir/article_231379.html https://fiqhemoqaran.mazaheb.ac.ir/article_237043.html https://fiqhemoqaran.mazaheb.ac.ir/article_231386.html https://fiqhemoqaran.mazaheb.ac.ir/article_231385.html https://fiqhemoqaran.mazaheb.ac.ir/article_231387.html https://fiqhemoqaran.mazaheb.ac.ir/article_231384.html https://fiqhemoqaran.mazaheb.ac.ir/article_215097.html https://fiqhemoqaran.mazaheb.ac.ir/article_213100.html https://fiqhemoqaran.mazaheb.ac.ir/article_231381.html https://fiqhemoqaran.mazaheb.ac.ir/article_202266.html Friday Prayer is one of the key religious-social occasions in Islam, which can be deduced as obligatory from the Quran, tradition, and consensus. The Quran advises believers to leave their transactions and hasten towards prayer when the call to Friday Prayer is announced. This normative recommendation leads to the establishment or renewal of regulations governing various transactions and interactions in different areas. In this regard, the present study seeks to answer the question of whether the prohibition and sanctity of buying and selling extend to other contracts and transactions or are exclusive to buying and selling. Many scholars from both the Shia and Sunni schools of thought believe that sanctity is not exclusive to buying and selling but includes other contracts and anything that hinders Friday Prayer. Therefore, it seems that any other activity, including buying and selling or other transactions, contracts, or engagements that disrupt or prevent Friday Prayer, or even cause preoccupation with worldly matters and neglect of Friday Prayer as a remembrance of God, falls under the prohibition of buying and selling mentioned in the noble verse. This research is descriptive-analytical in terms of research methodology. Its information and primary materials have been collected through library research and subsequently analyzed. https://fiqhemoqaran.mazaheb.ac.ir/article_225313.html The present article looks at the issue of expediency from the point of view of Sunni and Shiah jurists, while looking at their interpretation bases, and examines the approach of both schools of jurisprudence from the perspective of political ethics. Collecting sources with the library method, examining them with the documentary-analytical method, and comparing two Sunni discourses and Shiah with the comparative-critical method. In addition, the simultaneous entry into the political jurisprudence and political ethics issues puts the current article in the ranks of interdisciplinary studies. According to the selected definition, political ethics means an action that is morally legitimate in the public sphere and regardless of legal validity. On this basis, the approach of Sunni jurists relying on the three issues of lack of text, referring to the historical course of the Companions, and practical conflict with the government is expedient. On the other hand, Shia jurisprudence believes in the continuity of the text and the presence of the infallible sharia; Logically, accepting an expedient contrary to the primary rulings is not in its discourse priority. Therefore, it is only in the era of the absence of the innocent and with the assumption of referring to the extensive history of the presence of the innocent and the interpretability of the way of the Shariah that expediency is developed in Shia jurisprudence, in a morally favorable hypothesis, it is accompanied by luck and public persuasion. https://fiqhemoqaran.mazaheb.ac.ir/article_225417.html There is a difference of opinion among scholars regarding the urgency or non-urgency of taking the right of pre-emption. The majority of Imamiyyah jurists believe in the urgency of taking the right of pre-emption. Some have chosen the permissibility of delay in taking the right of pre-emption as one of the effects of the right of pre-emption. Others have not expressed an opinion on this issue. Article 821 of the Civil Code has followed the famous view. Sunni jurists have also offered various views on this issue. In this research, different viewpoints were evaluated with a descriptive-analytical method in comparative jurisprudence and substantive law, and it was concluded that the urgency viewpoint has more efficiency; of course, the urgency that is based on the custom of the place of residence of the pre-emptor. Choosing urgency with the mentioned criterion, in addition to being compatible with the economic situation of today's societies and market fluctuations, plays a significant role in the prosperity of transactions and their stability and reducing differences and the entry of judicial cases into the courts. Having a valid excuse from the pre-emptor causes the non-immediate exercise of his right not to cause the fall of the right of pre-emption. https://fiqhemoqaran.mazaheb.ac.ir/article_246611.html The issue of this research is about a loss that occurs between two people, and in this situation, the loss is either borne by person "A" or must be borne by person "B". Repelling a loss from one person causes the same loss to another. The example of loss in this research is the confrontation of financial loss with financial loss in one case and financial loss with non-financial loss in the other. The present research examines what, from the perspective of Islamic jurisprudence, the obligatory ruling of an individual in such situations where neither of them causes the loss: can he transfer the loss to another and repel it from himself or must he bear it himself. The findings of the research show that in situations of conflict of losses, from a jurisprudential perspective, causing direct damage to the property, reputation, and life of another is forbidden due to the truth of the title of the harm-doer and the prohibition of harming another. However, protecting one person's property is not superior to another's property, and due to the lack of evidence and based on the principle of exemption from obligation, no person is obligated to protect another's property, so there is no need for him to cause harm to his own property in order to protect another's property. If a person seeks to protect his property and indirectly damages another's property, he will not be held responsible for any harm because the title of harm-doer is not true in the eyes of the common people. The same ruling applies to the aspect of honor for the same reason. However, in the aspect of the self, a person is allowed to harm another's property even directly to protect himself, because self-preservation is a necessity and takes precedence over everything else. https://fiqhemoqaran.mazaheb.ac.ir/article_247542.html The Sunnah of the Messenger of God (PBUH) has been of great importance to Muslims since the beginning of Islam as a concept that can be the key to understanding history, hadith, jurisprudence, and the principles of Islamic beliefs. One of the important issues in the field of evidence for inferring rulings among Islamic scholars is the status of the Sunnah of the Prophet (PBUH) and how it interacts with the Quran, which has been the subject of different opinions over time. Shafi'i is a staunch supporter of the authority of the Sunnah, especially the Sunnah of the Ahad, and believes in the close interaction of the Quran and the Sunnah. This study, which uses a descriptive-analytical method to analyze and explain the position of the Sunnah in its interaction with the Quran from Imam Shafi'i's perspective, has reached the conclusion that in his opinion, the authority of the Sunnah, based on evidence from religious texts and rational evidence, is a fixed matter and on a par with the Quran, and constitutes an essential part of the semantic structure of the Quran.