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Open Access Article

1 - Analysis of Imam Sadegh's (as) Quranic Martyrdom in Explaining the Shari'a Rulings
Seyedeh Fatemeh Hosseini Mirsafi

Jurisprudence in terminology is the inference and extraction of sub-Shari'a rulings from their detailed arguments. The Holy Quran as the first reason and source for understanding the rules of Sharia, jurisprudence and law as well as personal and social relations and the More

Jurisprudence in terminology is the inference and extraction of sub-Shari'a rulings from their detailed arguments. The Holy Quran as the first reason and source for understanding the rules of Sharia, jurisprudence and law as well as personal and social relations and the greatest support for the Messenger of God (PBUH) and the Ahl al-Bayt of infallibility and purity(AS), in proving the sub-rules of Islam. Knowledge of the Qur'anic testimonies of the Ahl al-Bayt(AS) as one of the most important arguments in jurisprudence is important in extracting and inferring the sub-religious rules. In this article, the author aims to answer the question "What are the Qur'anic testimonies of Imam Sadegh(AS) in deriving sub-religious rules?" By contemplating the concept of jurisprudence and its evidences, religious rules, Quranic verses as well as narrations received from Imam Sadegh(AS), he has studied this issue. Since achieving the Shari'a and jurisprudential rules is the prelude to practicing them and ensuring the happiness of this world and the hereafter, familiarity with the method of martyrdom and arguments of the Imams to the verses of the Qur'an is essential in proving the rules of Islam. Therefore, in this article, entitled "Analysis of the Quranic testimonies of Imam Sadegh(as) in explaining the Shari'ah rules", while giving a brief introduction about jurisprudence and its detailed arguments in deriving the Shari'a rules, by mentioning the narrations received from Imam Sadegh(AS) The martyrdom and argument of this Imam should be stated in proving the sub-rules of Islam. Manuscript profile

Open Access Article

2 - آشنایی با اصول حاکمیت شرکتی بانک‌های اسلامی در مقایسه با بانک‌های متعارف
Leila Mehrabi

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Open Access Article

3 - Functions of Reason in the Field of Religion in the Views of Qadi Abd al-Jabbar Mu‘tazili and Abubakr Baqillani
Farzaneh Mustafapour

The present paper investigates the functions of reason in the realm of religion in the kalami thoughts of Qadi Abd al-Jabbar Mu‘tazili and Qadi Abubakr Baqillani following a descriptive-analytic method. In doing so, it compares and examines the rational approaches of bo More

The present paper investigates the functions of reason in the realm of religion in the kalami thoughts of Qadi Abd al-Jabbar Mu‘tazili and Qadi Abubakr Baqillani following a descriptive-analytic method. In doing so, it compares and examines the rational approaches of both thinkers to the interpretation of the Qur’an and applications of reason in inferring religious principles. The results of this study indicate that what distinguishes these two great figures from each other more than anything else is their approach to reason and the quality of its relationship with revelation. Qadi Abd al-Jabbar believes in the priority of reason and rational arguments and always resorts to reason as a tool for gaining knowledge in his kalami perception of religion. Sometimes, in cases where rational judgment is in contrast to the exoteric meaning of Qur’anic verses and traditions, he even gives the priority to reason with no reservation and firmly interprets or negates the validity of propositions which stand against reason. However, preferring tradition to the intellect and granting priority to the descended texts, including the Qur’an, traditions, and those on the acts of the Prophet’s companions are the most important epistemological principles of Baqillani. However, his philosophical system, in fact, marked the beginning of Ash‘arite kalam’s treatment of rational premises. The Ash‘arite considered rational principles to depend on beliefs and, thus, believed that it was first necessary to have faith in their content. Manuscript profile

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4 - Qadi Kamal al-Din Hossein Ibn Mo‘in al-Din Meybodi: Life, Character, Views
Alireza Javanmardi Adib Maghsoud Mohammadi

Hossein Ibn Mo‘in al-Din Meybodi, nicknamed Kamal al-Din, known as Qadi, with Mantiqi as his pen-name, is one of the great figures and distinguished scientific, literary, and philosophical characters of the land of Iran. He was born in Meybod in Yazd Province in the nin More

Hossein Ibn Mo‘in al-Din Meybodi, nicknamed Kamal al-Din, known as Qadi, with Mantiqi as his pen-name, is one of the great figures and distinguished scientific, literary, and philosophical characters of the land of Iran. He was born in Meybod in Yazd Province in the ninth century (AH). After learning the common preliminary intellectual and transmitted sciences of his time, he went to Shiraz in his youth and became a student of Dawani. Meybodi is a Muslim philosopher, an advocate of Shafi‘i school of thought, and a man of Tawalla (loving the People of the Prophet’s House). His love of the Commander of the Faithful (a) and the Pure and Infallible Household is so profound that some have considered him to be a Shi‘ite scholar. During the reign of Sultan Y‘aqub Aq Qoyunlu, he was a judge and the custodian of endowments of Yazd and its suburbs. His most important works include Sharh-i hidayah al-hikmah, Sharh-i diwan mansub bi Amir al-mu’minin (a), and Munsha’at. During the reign of Shah Isma‘il Safavi, when Mohammad Karra (ruler of Abarqu) captured the city of Yazd, Meybodi became his minister and, between 909 and 911 AH, when Shah Isma‘il recaptured Yazd, he was murdered on the King’s order. Meybodi believed that Illuminationists and Sufis (gnostics) were superior to theologians and Peripatetics and considered Peripatetic philosophy, which is based on rational deduction and reasoning, an immensely uncertain and ambiguous school which exhausts the intellect in the process of perceiving its fundamental principles. Unlike Ibn Sina, Suhrawardi, and Ibn Arabi, he was not the founder of a specific school of philosophy. However, given his accurate criticisms, investigations, and particular views regarding topics which interested theologians, Peripatetics, gnostics, and Illuminationists in the mould of a number of independent and dependent (commentaries and glosses) works, as a connecting link, he managed not only to play a significant role in developing Islamic philosophy and bringing the different philosophical trends and schools of his time together, but also become a source of inspiration for Mulla Sadra in developing the Transcendent Philosophy. Manuscript profile

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5 - Necessity of Social Life and Man’s Need to Religion in Mullā Ṣadrā and Ibn Miskawayh
Naser Mohamadi Gholamhossen Khedri Khalil Mollajavadi

The present paper investigates the necessity of the development of social life in the view of Mullā Ṣadrā and Ibn Miskawayh in the domain of religion’s response to human needs following a comparative approach. Mullā Ṣadrā believes that the necessity of fulfilling human More

The present paper investigates the necessity of the development of social life in the view of Mullā Ṣadrā and Ibn Miskawayh in the domain of religion’s response to human needs following a comparative approach. Mullā Ṣadrā believes that the necessity of fulfilling human needs warrants the existence of law and Shar‘ as well as an individual as a prophet. Following a philosophical approach, he explains that the concept of human species is realized in their “collective identity” outside their mind and in their social schematism. Ibn Miskawayh’s standpoint, which is worth more deliberation and is perhaps unique, indicates that man’s main need for collective life is due to the necessity of responding to their intrinsic need for mutual “love and affection”, while he refers to satisfying material needs at a later level. In his view, love provides the basis for life and formation of human collective society. Mullā Ṣadrā’s view enjoys a rational and philosophical essence, whereas Ibn Miskawayh’s explanation is merely based on the presence of love and affection among human beings. However, both thinkers acknowledge that the revealed religious theorems can respond to all human worldly and other-worldly needs. Nevertheless, none of them directly and clearly emphasizes the necessity of the purification of the soul for the prophet and the divine perfect Man. Manuscript profile

Open Access Article

6 - The Components of Political Thought of The Herat School in The Thought System of Maulana Abdul Rahman Jami
Mohammad dawood Erfan Seyed Hossein Athari Ruhollah Islami Mahdi Najafzade

Mehdi Najafzadeh**** Herat was formerly one of the important centers of Islamic thought and power withinthe Khorasan school. This city has been the place of emergence of great scientists and thinkers throughout the history. During the period of Timurids (14th century C More

Mehdi Najafzadeh**** Herat was formerly one of the important centers of Islamic thought and power withinthe Khorasan school. This city has been the place of emergence of great scientists and thinkers throughout the history. During the period of Timurids (14th century C.E.), connection of thought and power eventually led to the emergence of the political school of Herat. Abdur Rahman Jami, as the leader of this school, played an undeniable role in the growth and excellence of Herat's political school. Jami was an intellectual mentor who made the interaction of mysticism and politics possible for the first time in the history of Islam. The Timurid power system and court was soon influenced by Jami's thought and crystallized in the behavior and actions of political agents in the context of the society .This article seeks to answer the question of what constituted Jami's political thought that helped shape the political school of Herat? This article, with the goal-legitimacy framework of "John Murrow" and Quentin Skinner's interpretive hermeneutic method, aims to examine the most important concepts produced by Jami's thought thatentered into the political system of his era by him and his students. Manuscript profile

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7 - The Question of the Consistency of Intellectual Arguments and Intuition: Evolution of Fundamental Principles
Ghasem Pourhasan پورحسن

Fārābī and Ibn Sīnā’s philosophies are based on reason, and the further we go from these two philosophers, intuition and unveiling replace philosophical reasoning. The most important feature of the School of Isfahan is considered to be the synthesis of these two ration More

Fārābī and Ibn Sīnā’s philosophies are based on reason, and the further we go from these two philosophers, intuition and unveiling replace philosophical reasoning. The most important feature of the School of Isfahan is considered to be the synthesis of these two rational and gnostic approaches. This school of philosophy claims to have integrated philosophical and demonstrative aspects of affairs with religious teachings and, specifically, the Imāmīyah Qur’anic-narrative thoughts. All thinkers of the School of Isfahan have comprehensively explained and extended the Imāmīyah ḥadīth or commented on them based the Qur’anic intellectual wisdom. The secretive and allegorical approach to interpretation became prevalent in Ibn Sīnā’s time; however, writing commentaries on ḥadīths and traditional thoughts are among the unique characteristics of the philosophical school of Isfahan. This method has been in use since then, and some of the prominent post-Sadrian philosophers view writing interpretations and comments on Qur’anic verses as an inseparable part of philosophical tradition. Perhaps, the only exception here who has emphasized the distinction between these two fields is ‘Allāmeh Ṭabāṭabā’ī. Nevertheless, the fundamental question here is whether the School of Isfahan, with Mullā Ṣadrā’s philosophical system at its center, represents a philosophical and demonstrative school of thought or depends on religious thought and employs argumentation merely to access previously-established and correct thoughts. Mullā Ṣadrā and his followers have paid attention to this problem and emphasized the consistency of these two methods. The most important questions in this discussion include the following: 1) Is the method of rational argument completely different from the religious method? 2) If they are different, which depends on which? 3) Which is the basis in Mullā Ṣadrā’s philosophy: rational reasoning or defending Sharī‘ah and revealed thoughts? How could rational affairs, which can be verified or rejected, and Shar‘ī teachings, which cannot be rejected, be compatible with each other? Here, the author tries to show that Mullā Ṣadrā’s effort to establish this consistency has not been much successful. In fact, in doing so, he has had to either forget about rational reasoning or interpret the religion rationally to prove their consistency. Manuscript profile

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8 - A Reflection On The Positive Principle And Its Application In Iranian Jurisprudence And Law
Behnam Ghanbarpour Seyyed Ali Jabar Golbaghi Masoleh

The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authen More

The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authenticity in other interpretations of signs. The necessity of research on the positive principle is that the positives and rational and Shariah requirements are of fundamental use in jurisprudence and subject law. And it can be the basis of the judge's decision in some cases; For example, if due to the immaturity of the contracting parties, there is doubt about the nullity of the transaction, By referring to the positives of the authenticity principle, it is possible to judge the authenticity of the transaction; Now this question is raised whether the rational, customary and normal principles of practice have also been taken into consideration by jurists and lawyers? The findings of the current research, which is organized in a descriptive and analytical method, indicate that the positive aspects of signs are evidence; But the positives are practical principles that are considered as apparent rules, And they are used in practice when in doubt, and in the real world they have no discovery of the truth. They do not have the ability to hold. As a result, the rational and customary positives of practical principles such as the principle of association and the principle of acquittal cannot be effective in judicial procedures and will not be invoked. Manuscript profile

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9 - A reflection on the rule of inherent beauty and ugliness
Mohammad Hassan Ghadrdan Qaramaleki

The principle of intrinsic and rational beauty and ugliness is considered one of the key theological rules in the two fields of "ontology" and "epistemology". However, the exact explanation of these two rules in both the above fields has been met with ambiguities by the More

The principle of intrinsic and rational beauty and ugliness is considered one of the key theological rules in the two fields of "ontology" and "epistemology". However, the exact explanation of these two rules in both the above fields has been met with ambiguities by theologians and philosophers. In this article, the author, using a rational method and analyzing seven theories of the principle of inherent beauty and ugliness, while evaluating the first six theories, presented a new explanation and interpretation of the theory of inherent beauty and ugliness and called it "formative and expedient beauty and ugliness and the involvement of interests." In the abstraction of beauty and ugliness" he delivered and proved it. Also, at the end of the article, the question of the conflict between the theory of theologians and philosophers is examined and criticized, and the conclusion is that the famous readings of Imami theologians and philosophers are aligned. Manuscript profile

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10 - Fundamentals of Validity of Ownability in Imamiyah Jurisprudence and Positive Laws
Mohammad Mohammad Baramai سيدحسن داودالموسوی

Understanding the fundamentals of ownability of a property is important in distinguishing property from non-property. Since jurists of Imamiyah jurisprudence have no consensus on definition of ownability of a property and the Civil Law has not specified what the proper More

Understanding the fundamentals of ownability of a property is important in distinguishing property from non-property. Since jurists of Imamiyah jurisprudence have no consensus on definition of ownability of a property and the Civil Law has not specified what the property is by definition, the importance of understanding the fundamentals of ownability of a property has further come to light. This paper intends to find a unified criterion for validity of ownability of a property, analyze the criteria set by the jurists, and investigate the strengths and weak points of the expressed criteria. The criterion thus achieved helps distinguishing property from non-property in doubtful cases. Such power of distinction helps us in various issues since ownability is a matter of credibility and the right understanding of ownability and its attachments depends upon acquiring knowledge on credit concepts and its specifications. Therefore, this paper points to some instances of credits. The author of this paper is of the opinion that the major criterion for understanding ownability is the rational approach toward this subject and other criteria expressed are either problematic or abundant. The paper has finally discussed available solutions in case doubts appear in conventional and legal ownability of a property. Manuscript profile

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11 - Functions of the principle of dignity in criminal policies in the light of religious teachings
mohammad mirzaei Fatemeh Azimi

Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal More

Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal policy, so it is considered to be able to play a constructive and effective role in the field of macro and strategic criminal policies in an extra-legal way. In the religious teachings of Islam, human dignity is not based on a contractual and creditable matter, but on the basis of an ontological, ethical and original matter, which originates from the essence of human creation and a subject of development based on divine decrees and in the legislative dimension. It is justified. Now the question is, with all these capacities, how can this issue be given a practical aspect in a religious government, in the context of criminal policies and in the field of crime management and control? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? The findings of this article, prepared with descriptive and analytical methods, state that the preservation of human dignity, which has a moral origin on the one hand, and is also the creator of many moral works, has the ability to be the most important pillar of criminal policies. To be known in the general sense and criminal policies in the special sense. Since this principle is the justification factor and existential basis for many criminal and moral institutions and mechanisms in the criminal justice system, such as the principle of equality, proportionality, amnesty, acquittal, equality of arms, caution, and so on, with redefinition The function of the rule of dignity, which this article examines, can change the macro and strategic policies of penal and criminal. Manuscript profile

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