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مطالعات فقه اسلامی و مبانی حقوق
ISSN 2783-2368 · Al-Mustafa International University · 238 articles in the index
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Extradition of Shi’i Offenders to Non-Shi’i Islamic Countries from the Perspective of Imami Fiqh and Iranian Law
Extradition is one of the most important forms of legal and judicial cooperation among states: it consists of measures by which states return offenders who have fled to another country to the state of prosecution or enforcement. States use extradition to preserve security and punish offenders. The…
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The Operation of the Rule of Ilzam and Generic Set-off in Iran’s Financial and Legal Interactions
The rule of ilzam is one of the important fiqhi maxims governing the financial and legal relations of Shi'is with followers of other religions and schools. Weaknesses in the chain of transmission and indication of some proofs have led certain contemporary jurists to deny the existence of the rule…
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Recognizing the Agent’s Authority to Engage in Self-Dealing as the Rule in Iranian Law and Islamic Fiqh
Iranian law contains only limited rules on self-dealing and its effects. The permissibility of self-dealing as the default rule can be inferred from Article 198 of the Civil Code. The legal status of an agent's self-dealing, especially where the principal has not expressly authorized it but has…
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The Entitlement or Non-entitlement of a Refusing Co-claimant to Property Recovered through a Supplementary Oath
There is no disagreement among Imami jurists regarding the establishment of jointly owned property by means of the evidentiary device of “one witness and an oath”, nor regarding the requirement that all claimants and co-owners must take the oath and that the rights of those who refuse to take it…
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Stipulating the Option of Defect Despite Knowledge of the Defect: A New Approach to Balancing Contractual Power
Iranian rules on defects and the option of defect contain limitations and conditions for exercising this right. One condition is that the defect exist at the time of the contract and be hidden; another is that the buyer be unaware of the defect at the time of sale. This raises the question whether…
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Criteria for Distinguishing Illicit Relationship from Acts Contrary to Chastity in Islamic Fiqh and Law
An illicit relationship refers to relations between a man and a woman who are not married to each other and who have no physical contact, such as conversation or correspondence. An act contrary to chastity refers to bodily contact between unrelated persons that does not amount to intercourse, such…
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Criteria of Maslahah in the Three Arenas of Inference, Legislation, and Implementation
Ambiguity in the concept of maslahah has allowed many actors to claim that they act in accordance with it. Clarifying criteria for identifying maslahah is therefore essential. Although various criteria have been proposed, they have often not been matched to the role of maslahah in different arenas…
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A New Reading on the Condition of Judicial Interpretation in the Realm of Legislation (Transition from Legislative Duty to Pure Judicial Duty)
The condition of judicial ijtihad in Islamic jurisprudence has long been a topic of debate among jurists, and consequently, its existence in the current judicial system of Iran, which is based on Islamic standards, has been questioned, especially considering the rarity of ijtihad-qualified judges…
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Revisiting the Fiqhi Foundations of the Marital Bond after the Death of One Spouse, with Reference to Imami Ijtihadi Evidence
The issue of the marital bond is a practical question in fiqh generally and in medical fiqh in particular. It concerns whether the spousal relationship continues or is dissolved upon the death of one of the spouses. This question can play an important role in ijtihad and the derivation of Shari'ah…
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A Fiqhi Assessment of Assigning Humanoid Robots the Performance of Tawassuli Commands
The use of humanoid robots to facilitate and accelerate human affairs has become increasingly necessary. Their precision and capacity in performing various tasks sometimes make them appear comparable to humans. This development raises the fiqhi question whether humanoid robots can be charged with…
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Legal and Fiqhi Foundations for Criminalizing Genetic Discrimination
Advances in the life sciences have expanded the uses of human genomic data, while misuse of such information and genetic discrimination in fields such as employment and health have created serious concerns. The absence of a clear legal framework makes it necessary to examine the legal and fiqhi…
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Exchange Riba in Cryptocurrency Transactions
Cryptocurrencies have acquired an important place in contemporary economic exchange among people and states. Because exchange riba may occur in these transactions, research is needed to prevent Muslims from entering usurious dealings. The core question is how exchange riba applies to…
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The Relationship between Buying and Selling Coins and Foolish Transactions from the Perspective of Imami Fiqh
A foolish transaction is a transaction made by a legally competent person but regarded by custom as lacking economic proportionality between the countervalues and lacking a rational purpose. It is therefore not a transaction ordinarily undertaken by rational people. The notion of a foolish…
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Establishing and Assessing Mistake Preventing Consent on the Basis of Apparent and Internal Will in English and Iranian Law
In contract interpretation, if the court relies on the parties' apparent intention to identify mistake, only a mistake in the expressed words prevents formation of the contract. If the parties' internal intention is treated as the basis of contract formation, then a mistake in each party's mental…
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The Possibility of Attributing a Child Born of Zina to the Mother in Islamic Fiqh
According to some Islamic narrations, the effects of legitimate lineage arise through a valid marriage, and lineage is recognized as the first right of the child after birth. The attribution of a child born of zina to the mother is disputed: the majority of Sunni and some Imami jurists, relying on…
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Application of Semantic and Pragmatic Principles of Context Theory in the Fiqh Texts on Bay'
Context theory is one of the most well-known approaches in modern linguistics. This approach seeks to employ scientific and common tools in the linguistic domain to understand the speaker’s intended meaning in discourse analysis and interpretation. The question is how this aforementioned theory can…
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Spousal Financial Claims in Iranian Law: An Analysis of Ujrat al-Mithl and Niḥlah
Ujrat al-mithl refers to compensation that a husband pays his wife in exchange for tasks she performs in his household, which she is not religiously obligated to undertake. Nihlah is another right granted to Muslim women under specific conditions. This article examines ujrat al-mithl and nihlah in…
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Taʻzīrāt and Banā’ al-‘Uqalā’ in Penal Jurisprudence and Criminal Law
The element of banāʾ al-ʿuqalāʾ (the established practice of rational people) in jurisprudence and penal law is a source that has consistently drawn the attention of scholars and is considered a cornerstone of reasoning in penal matters. Islamic punishments—namely ḥudūd (fixed penalties), qiṣāṣ…
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Paternal and Maternal Lineage and Milk-Kinship in Children Born via Surrogacy
Lineage is a legal relationship that emerges through the genesis of a human from another human's reproductive fluid, which the law has recognized and established its legal provisions. The realization of lineage in Islamic jurisprudence and positive law is founded on two axes conventional (natural…
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Foundations of the Legitimacy of the General Muslims' Intervention in Managing the Properties of the Incapacitated and the Absent in Imāmī Fiqh
Based on the sources of Imāmī fiqh, wilāyah at its highest level is established for the Prophet (ṣ) and the Imams (ʿa), and a level of it can also be proven for the faqīh. Similarly, a lower level of it is established for the father and grandfather with respect to their offspring. The present…