Relation and Connection between
Jurisprudence and Law in the Legal System of Iran
Dr. Seyyed Abulghasem
Naghibi
A member of academic board of Jurisprudence and Private Law of the
college of Martyr Motahari
author
text
article
2009
per
T
he science of jurisprudence is a branch of Islamic sciences and law is an important branch of humanities. The position of these two sciences in the legal system of Iran require that the ground of their collaboration in interdisciplinary study is to be presented and the substantial and historical relationship of these two sciences to be studied. In this research the important grounds of relation and connection of these tow sciences mainly nature, subject, problems, aim, foundation, scope, division of the subjects and the method have been discussed generally and briefly and has been emphasized on the
methodology of the collaboration of these tow sciences. Jurisprudence based on the theological foundations and grounds guides legal rules to the tradition, moral and religious manners. Law also with regarding to the new subjects and presenting new information from old subjects can provide searching and efficiency of the jurisprudence. Depending on the logic of understanding of the propositions of Quran and tradition and tools and methods that the science of methodology of jurisprudence make available for jurists, jurisprudence can provides the deepest analyses for the rules that dominate on the social and economical relations and has influenced on the law in considering and analyzing the rules that dominate on the social relations with respect to the particular method and the logic and provide a ground for lawyer to use logical and methodological expression. Law also has provided the jurists with its methodological gains in the area of common legislation for changing the religious ideas and propositions to legal ideas and propositions and in the area of formal results of legal procedure in order to obtain a gradual perfection in different areas in a methodological collaboration. It is in this process that the legal system of Iran obtains its own originality and desirable efficiency.
Key words: Law, Jurisprudence, Logic of law, Methodology of jurisprudence, Subject, Problems, Aims, Foundations, Relations.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
2
v.
2
no.
2009
3
20
https://cjd.razavi.ac.ir/article_882_113c14524dcea2168c9acb809e69a5cd.pdf
Reverence and Paying Respect to Divine Rites
in the Mirror of Islamic Jurisprudence
Dr. Morteza
Rahimi
Assistant professor of Shiraz University
author
text
article
2009
per
T
he plural word “Shaaer” (rites) is derived from the singular “shaerah” or “shear” and the meaning of sign and mark is hidden in it. This word has been used in the Quran four times. Although this word has been used under the subject of Hajj and thus is being used in the meaning of Hajj rituals and sacrifices and the mountain of Safa and Marweh, it has a wide meaning and the reasons like meaning of part (tabeez) and plurality of the “shaaer” confirm it. So everything that is considered as the sign of God and remembers God to human is called “shaaer”. Thus the word “shaaer” has been used in the meaning of religion, orders and prohibitions of God. The verse: “man yuazzem shaaera llah fa ennaha…” explains the reverence and paying respect to the “shaaer” and its necessity, though some Islamic intellectuals like Naraghi has criticized the understanding of the necessity of reverence and respect from this verse. However, he has not negated the necessity of the reverence of the divine rites “shaaer” from the traditions and the reason.
Jurists have paid attention to the title of “shaaer” (rites) in many cases and in this way, they concluded the recommendation or permissibility and necessity of the cases like proclamation (azan), congregation prayer, greeting, circumcision, religious festivals and death ceremonies, pilgrimage to the shrines of the fourteen innocent people, to observe the hejab (covering) by women, not shaving of the beard, not shaking hands with whom marriage is Islamicly impossible and some other cases.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
2
v.
2
no.
2009
21
44
https://cjd.razavi.ac.ir/article_883_798004fdb60e7d36aadbd83be2642ab8.pdf
فرج بهزاد
وکیلآباد
استادیار دانشگاه آزاد اسلامی
author
text
article
2009
per
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
2
v.
2
no.
2009
45
72
https://cjd.razavi.ac.ir/article_884_493de33e1a1618ff7e820f06948b9092.pdf
Expediency and Its Position in Islamic Government
Dr. Alireza
Saberiyan
Assistant professor of Azad University
author
text
article
2009
per
E
xpediency has a fundamental role in ordinance of religious orders and religious orders follow the interests and the corruptions in their subjects. The reason in itself is unable in revealing the interests and corruptions in many cases and needs the expressions of the religion.
Governmental orders are issued by the ruler within the boundary
authorizing of the governmental orders depend on the expediency and expediency is held in its subject. An Islamic ruler orders within the framework expediency.
Expediency of the Islamic system, whether in policy or in action, has a direct relation with the safeguarding of the system. The safeguarding of the system is imaginable in tow areas: the first is guarding the system and preventing from the harms that may come from the enemies and the second is the establishment of the order in the society, creating organization and government departments and preventing from disorder and chaos. In jurists’ view, the safeguarding of the system in both meaning is not only obligatory in religion but also it is rationally necessary. Because, safeguarding of the Islamic system is a preliminary for protecting of the religion.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
2
v.
2
no.
2009
73
106
https://cjd.razavi.ac.ir/article_885_b31c3f597546dbd68ebe8fd689927ca9.pdf
Examining the Hadith of
“Al-sultan wliyo man la wliya lah”
Seyyed Jafar
Alavi Gonabadi
A member of academic board of Islamic sciences of Razavi University
author
text
article
2009
per
T
the hadith of “Al-sultan wliyo man la wliya lah” is regarded as a reason in the discussion of the guardianship of Islamic jurisprudence. This hadith has been considered from the viewpoints of its chain and denotation. Although this tradition has been regarded as a document by the jurists in many discussions, it is not so authorized
traditional books. If we accept the authority of the traditional publicity or we prove the obtained publicity, it can be admitted as a document. The denotation of the hadith has been presented in tow parts: one is the concept of the “sultan” (king) and the other is the concept of the phrase of “man la wliya lah”.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
2
v.
2
no.
2009
107
122
https://cjd.razavi.ac.ir/article_886_d77bde8281d6681c4812adf352871656.pdf
Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price
Zinat
Jafari Fesharaki
An A.M of jurisprudence and the foundation of Islamic law
author
text
article
2009
per
I
n 1376 a Note is added to the article of 1082 of civil law that can be called the plan for the adjustment of marriage portion. Since the legislation is formed with inspiration from Islamic commands, the Judicial Commission of Islamic Consultative Assembly attempted to ask the ideas of some great authorities of the Seminary. So some of them were agree and some were disagree and some also decree that they should compromise.
The opponents of this plan believe that in paying debts the nominal value of the money should be considered not its real value. The most important reasons of this group are the fungibility of the money, the problem of usury and… Those who agree with this plan also invoke to the rule that “In Islam there is no injury or malicious damage” and the necessity of observing justice and equity and believeof expediency and they are not permanent. The issuing and
that if the decrease of the value of money is too much, certainly the debtor will be discharged from the viewpoint of the common law when he pay the real value of the money.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
2
v.
2
no.
2009
123
142
https://cjd.razavi.ac.ir/article_887_ea5c879478f46b7f5b6e209abc3012cb.pdf
Considering the Rule of “Jabb” (Redressing) (Islam redresses what is happened before and repentance compensates what is happened before)
Seyyed Muhammad Anvar
Alavi
An A.M of Islamic Philosophy and Theology
author
text
article
2009
per
W
hen God descends a new religion for the people or when some people follow a religion, one of the main problems for these people after their acceptance is their previous actions.
What will be the reaction to those people who has done some actions in contrary to the teachings of the new religion or have not done their necessary duties of the new religion in the past?
The messenger of God has answered these questions in a saying in the advent of Islam and then jurists have made a rule depending on this saying. Given to the approaching of the people of the world to Islam, the necessity of considering of this rule in the jurisprudence is clear among intellectuals.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
2
v.
2
no.
2009
143
168
https://cjd.razavi.ac.ir/article_888_31a981a01d94b27306d063da13c06610.pdf