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مطالعات تطبیقی فقه و اصول مذاهب
ISSN 3041-8682 · University of Kurdistan · 112 artikel di indeks
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Artikel Jurnal
The Fundamentals of Merchandise (Ebzae) from the Perspective of Islamic Jurisprudence Schools
Islamic jurisprudential schools have presented various reasons to justify merchandise (Ebzae) and its permissibility while offering diverse definitions and interpretations of its essence. Given the significant influence of jurisprudential principles on the nature of Ebzae, it becomes imperative to…
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The Role of Need in Validity of Verifying Reasons of Criminal Affairs
Changes in human societies have created various needs that, if not met, would cause distress and constriction. Islamic jurisprudence has therefore paid special attention to meeting the needs of people. Throughout history, this effort is seen in all religious schools, despite differences in their…
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The Position of Aryan Marriage Contract in Islamic Family Jurisprudence System
As Islam emerged and spread in Iran, many Iranian customs and traditions underwent serious changes in personal and social relations. The marriage contract is one of the social contracts that have taken a new form due to these changes. However, in recent years, some young Iranians returning to their…
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The Responsibility for Providing Costs of Unobtainable Public Interests: Comparative Study of Imāmī and Shāfi'ī Jurisprudences
In Islamic jurisprudence, public treasury has various expenditures. Using the descriptive-analytic method, this research studies Imāmī and Shāfi’ī jurisprudences on the question as to upon whom the responsibility for the costs of public interests that cannot be procured in any other way should…
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Artikel Jurnal
The Conflict of Legal Permission of Crime against the Unprotected Outlaw (Mahdūr al-Dam) with the Teachings of Islamic Jurisprudence
According to Article 302 of the Islamic Penal Code of Iran (April 21, 2013), if someone commits an offence against an unprotected outlaw (mahdūr al-dam) and someone who deserves death, she/he is exempted from retaliation (qiṣᾱṣ) and paying blood money (dῑya). Article 303 also stipulates that if the…
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Artikel Jurnal
Jurisprudential Reconsideration of Procurement Punishment in light of Criticism and Proposal to Amend Article 243 of the Islamic Penal Code
It has been recognized that bringing men to men for sodomy and men to women for adultery constitutes a crime of procurement according to criminal law and, accordingly, is a fixed (ḥadd) offense in the Islamic Penal Code approved in 2012. The Islamic legislator has determined the punishment for this…
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Artikel Jurnal
Re-reading the condition of "seeing" the infidelity of the spouse to prove blasphemy in the approach of criminal policy of Islam
The wise solution of Le’an's institution in Islamic criminal policy, based on God's grace, legislates to overcome difficulties in married life. Its wisdom lies not only in solving challenges faced by families involved in infidelity crises but also in preventing self-effort and arbitrary actions to…
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Comparative Approach to Theory of Mantiqat al-Firāq of Martyr al-Sadr and Mantiqat al-‘Afw of Sheikh al-Qardāwī
The occultation of the Infallible Imam (as) and the emergence of new events increased the Muslims’ need to know the legal (shar'ī) ruling regarding the newly-emerged cases. It made some Islamic scholars struggle to consider the Islamic worldview and to believe in an area free of legal ruling. In…
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Islamic Jurisprudence Strategy on Taqῑyya (Dissimulation) in Islamic International Relations
Today, Islamic jurists are obliged to have a proper communication with the international system through using taqῑyyah (dissimulation) in the light of preserving the glory of Islam. Using the descriptive-analytical method with the aim of explaining the strategy of Islamic jurisprudence regarding…
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Artikel Jurnal
Legitimacy of Resumption of jurisdiction in conclusion litigation with factitious defendant’s oath, under jurisprudence of Islamic religions and the Written Law of Iran
From the perspective jurisprudence of Islamic religions and the Written Law of Iran, defendant’s oath is decisive for litigation, just like confession and adequate evidence. However, in many cases, after the oath is taken and a final verdict is issued, the opposing side requests a resumption of the…
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Artikel Jurnal
The Role of Verses Showing the Purposes of Sharia (Maqāṣid al-Sharīʿa) in Assessing Narrations from the Perspective of Islamic Denominations
The Qur'an is the most important source of legislation in all Islamic denominations. Sunnah, i.e. the sayings, actions, and tacit approval of the Prophet Muhammad (pbuh) or the Infallibles (as), after the Qur'an, is considered also the most widely used source among all Islamic sects. A criterion…
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Artikel Jurnal
The correctness of the referring condition of endowment in the jurisprudence of Islamic denominations.
The endowment is one of the good traditions that has a long history and is known in all religions as an institution that has roots in moral and human qualities and has had a significant impact on various social issues. However, it seems that in the current period, the approach of society's people…
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The Impact of Historical Attitude of the Jurist on the Interpretation of Religious Texts with Emphasis on Ḥadīth al-Bismila (Hadith on Bismillah)
Different impressions of religious texts have always been one of the controversial issues, and in the science of interpretation and principles of jurisprudence, certain rules and procedures for the correct interpretation of texts have been presented. However, different perusals of texts have a…
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Artikel Jurnal
Substantiation of Murder through Act of Omission in Islamic Jurisprudence
The issue of whether it is possible to commit the crime of murder by act of omission is a topic of discussion in Islamic penal jurisprudence, which has been concerned by jurists for a long time; that is, whether the crime of murder may be realized in certain circumstances by act of omission. This…
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Chronology of Conflict between Consent Principle and Formalism in Legal Jurisprudential Literature
Formalism and the consent principle have been open to discussion in law for a long time. When speaking about the principle of consensualism encountering with formalism in law, it is usually concluded that the principle of consensualism is ranked as first and formalism as the second. However, today…
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Artikel Jurnal
Evaluating the view of the effect of the void clause in establishing the right of termination for constitutional law in Imamiyyah jurisprudence and Iranian law with a view to foreign legal systems.
the contract, sometimes it causes ignorance of the other parties, and sometimes it is not like these last two types. In the first two cases, it causes the nullity of the contract, but in the third case, according to popular opinion, it does not cause the nullity of the contract, but whether it can…
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Investigating the situation of "priceless sale" from the perspective of Islamic jurisprudence and Iranian law and comparing it with similar institutions
"Priceless sale" should be considered invalid because the condition that constitutes the essence of the contract does not exist. On the other hand, as a result of preference of the Internal Volition over the external volition, if it is possible to transfer the "Priceless sale" to another valid…
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The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudence
One of the factors in validity of deals is Gharar. Although all of the jurists consider Gharar as one of the factors effective regarding the validity of the contract but some of the contracts and deals can be considered valid with existence of Gharar and some may be considered invalid. This may be…
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Validation of historians' reports about the practical life of the infallibles and its usage in the inference of religious rulings
Some Sunni jurists have made jurisprudential use of the historians' reports in the Sirah books (books about infallible’s life). While the Jaʿfari (Imamiyya) jurists do not want to infer to historical sources in their jurisprudence inference. Since historical books can provide jurists with a lot of…
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Artikel Jurnal
The role of unilateral will in creating an obligation from the perspective of comparative jurisprudence and Iranian law
The acceptance of unilateral will as one of the sources of commitments in the comparative jurisprudence and the Iranian law is dubitable. According to the renowned majority of the Imami jurists and the Sunni jurisprudential schools, as well as some lawyers, īqā' (unilateral legal act), like a…