ABSTRACTS

The Relationship between the Love for God and Contentment with Divine Decree and Destiny

Ayatollah 'Allamah Mohammad Taqi Misbah

Abstract
The present paper elaborates on Imam Sajjad's Munajat al-Muhebeen (whispered prayer of the lovers). In their prayers, Imams (peace be upon them) always ask God to grant them pure love for Him because there may be a combat between the love for God and love for His other servants. In this case true believers always prefer the love for God to the love for His other servants. This kind of love entails total devotion to God, aloofness from worldly desires, and close connection to the deity. It is necessary to note that the love for God manifests itself in the love for the friends of God and infallible Imams (peace be upon them). Furthermore, the most profound pure love for God is contentment with Divine decree and destiny; that is, entrusting all the affairs to God whole heartedly, completely surrendering to Him, and not complaining when misfortunes occur. This is the utmost kind of love for God.
Key words: love, contentment, destiny, pure love.

 

A Legal and Fiqhi Study of Contribution Contract in Interest-Free Banking System

Nejad Ali Almasi, Amir Okhovvat, Muhsen Rejali

Abstract
 Attracting deposits and allocating them to meet the financial needs of different kinds of economic activities are considered among the most important banking activities. Therefore, the important part of every banking activity is offering facilities, which, from economic view, has extreme importance.
Through their credit activities, banks prepare the ground for transferring resources from those who are not able or not willing to directly take part in economic activities to those who need capital to fund their economic activities. This kind of activity contributes to the increase in nation's production. An increase in production boots employment in the society, and due to the increase in goods and services in a balanced economy, prices will fall. This process underlines the importance of offering facilities to receivers, providers, depositors and the economy of the society.
Key words: contribution contract, Islamic banking, interest, economic activities.

 

Civilization-Oriented Jurisprudence(Fiqh)

'Abbas Ali Moshkaki Sabzevari, Seyyed Muhammad Faqih

Abstract
There are different views on the relationship between jurisprudence(fiqh) and civilization. Some believe that there is no relationship between them, while others hold that there is at least a minimal relationship between them. Still others consider jurisprudence as a necessity for the creation of civilization. The assessment of the relationship between jurisprudence (fiqh) and civilization can be discussed from two perspectives. According to the first view, the existing jurisprudence (fiqh) is studied and its relationship with civilization is assessed. In the second view, attention is directed to the ideal jurisprudence (fiqh) and the relationship between jurisprudence (fiqh) and then civilization is assessed in the light of this kind of jurisprudence.
The present paper investigates the relationship between the existing jurisprudence (fiqh) on one hand and civilization and creation of civilization on the other. Relying on a study of the books and different topics and subjects about the existing jurisprudence (fiqh), this paper concludes that there is a strong relationship between the existing jurisprudence (fiqh) and civilization. Although no one claims that social systems required for creating civilization are included directly and completely in the existing jurisprudence (fiqh), no one denies that the basic and structural framework of civilization exist in the existing jurisprudence (fiqh). Furthermore, designing a system and accordingly creating civilization via jurisprudence (fiqh), in such a way that all systems needed by civilization can be extracted from jurisprudence (fiqh), depends on the formation and formulation of governmental jurisprudence.
Key words: traditional jurisprudence (fiqh), governmental jurisprudence (fiqh), social systems, the relationships between jurisprudence (fiqh) and civilization.

 

A Review of the Principles of the Legitimacy of Government in Shiite Political Fiqh with Emphasis on the Theory of Guardianship of Religious Jurist

Ibrahim Shalikar

Abstract
The Shi'a think that there is a kind of duality in the origin of the caliphs' rule after Holy prophet (May the blessing and peace of Allah be upon him and his progeny). They believe that the caliphs' rule lacks legitimacy and hold that the legitimate successor of Holy Prophet was deprived of his lawful right to rule. According to Shia political fiqh, the legitimacy of government is founded on the principle that if rulers are not selected according to religious and legal rules and regulations, they are illegitimate. In political fiqh, legitimacy means rightfulness as distinct from usurpation. According to political fiqh, there is no source of such legitimacy and rightfulness other than God. The rule of guardian jurist which is in line with the type of God, prophets and the pure Imams' guardianship has divine legitimacy. Using a documentary- analytical method, the present paper tries to establish the idea that a government must have a divine source of legitimacy and its determination depends on social (civil) acceptance.
Key words: political jurisprudence (fiqh), government, legitimacy, rightfulness, acceptance, appointment, selection.

 

Governmental Jurisprudence (Fiqh) and the Environment

Ali Mohammad 'Azimi

Abstract
Due to the development of human societies and urbanization some problems having come up, such as destruction and pollution of environment, which has cause damage to the environment. Considering the importance of the environment and the damage to the environment ascribed to modern life, the present paper tries to point out to the fiqhi viewpoint on the environment according to the evidence in fiqhi resources. Also, it makes explicit man's responsibilities towards the damage to the environment discussing various issue in the framework of fiqhi questions and rules. The research findings show that Islamic law have given special attention to the environment and has made clear rules on the matters related to this issue.
Key words: jurisprudence (fiqh), the environment, jurisprudential principles of the environment, jurisprudential rules.

 

The Role of Government in Social Education according to Imam Khomeini's View

'Abbas Shahnavazi

Abstract
Using a documentary-analytical method, the present paper tries to illustrate the role of government in extending education in society in the light of the viewpoint of Imam Khomeini (May God sanctify his spirit). To this end, this paper sheds light on three dimensions of Imam Khomeini's views on education, the role of government in extending education in society and government's modus operands for doing its duty of extending education. The results show that, according to Imam Khomeini's view, government can play a particular role because a righteous government can make major contribution to social education when adhering to Islamic law.
Key words: Imam Khomeini (May God sanctify his spirit), Islamic education, social education, behavior change, government, state.

 

The People Suited to be Granted Custody of Children in the View of Shiite Jurisprudence (Fiqh) and Civil Law

Taher Alimohammadi, Elaheh Khaksari

Abstract
 Custody is a legal right granted to the parent who ought to take care of and educate children until they reach the age of puberty. Due to the importance of custody is bringing up the children and its influence on their future and because many questions are raised in this regard, this subject is dealt with in this essay. Using a descriptive- analytical method, this paper concludes that, contrary to the views of most Shiite jurists and according to article No. 1169 of civil law (reformed in 1382- 2003), during the lifetime of the parents are, the custody of children male or female is granted to the mother until the age of seven. After this age it is granted to the father. If only one of the parents is alive, she/he has priority to other relatives in the custody of the children. If neither of them is alive, then, the custody is granted to the children's paternal grandfather. In case none of the mentioned guardians is alive, then the nearest relatives in the order of priority in inheritance.
Key words: custody, child, father, mother, jurists, civil law.

 

Animal Rights in the Conduct and Sayings of Holy Prophet Messenger of Mercy

Ali Ahmadikhah (Koohnani)

Abstract
The central feature of environment is natural life, and animal is one of its main symbols. With regard to the importance of the series of animal and life of the environment, the present paper elaborates on animal rights stressed in the conduct of life and sayings of the holy prophet Messenger of mercy, using a documentary- library method. This essay can contribute to recognizing the status of animal rights in Islam.
Since the Holy Prophet (May the blessing and peace of Allah be upon him and his progeny) believes that man is the most noble creature, it seems that recognizing human rights, observing standards of morality and respecting man would be an issue of most importance to the Holy Prophet. The question which is worth considering her is whether animals are instruments which we can treat the way we like or they have some rights, and human beings have some duties towards them.
Key words: Prophet of mercy, tolerance and kindness, life of animals, animal rights.

 

In Vitro Fertilization and the Question of the Born Infant's Relatedness in the View of Jurists and Lawyers

'Abedin Mu'meni, Seyyed Jalal Moosawinasab

Abstract
In vitro fertilization is one of the remarkable phenomena in the modern world. Since was issue has not the special concern of earlier jurists, it can cause different jurisprudential (fiqh) and legal problems.  Although at the beginning some scholars of jurisprudence were against all kinds of in vitro fertilization and some authorities of imitation considered artificial fertilization (introducing the sperm of the husband into the female animal of his wife) as problematic and precautionary, the notion of recognizing in vitro fertilization and considering the born infants legitimate provoked much dispute, which paved the ground for proposing new views and reconsidering legal decrees.
The studies show that although some jurists and scholars are against in vitro fertilization, the evidence which they give to support their claim are theoretically insufficient, and, to them, all kinds of in vitro fertilization lack legal prohibition. The permission of all kinds of in vitro fertilization according to the view of some authorities of imitation, such as Ayatollah Khamenei, seems defendable. Furthermore, Taking into consideration the interests of the infants born by fertilization and recognizing them as legal children can be a great step towards eliminating discrimination against these infants and preventing future problems in Islamic society.
Key words: in vitro fertilization, Imamiyyah jurisprudence (fiqh), statuary law, permission, prohibition, relatedness.