ABSTRACTS

Real Shiah`s Worshiping and Hereafter-Seeking

Allameh Mohammad Taqi Mesbah

Abstract

The present article elaborates on the attributes of real Shiahs in the light of the words of Imam Ali (p.b.u.h). expressing the real Shiahs` attributes causes encouragement and motivation among them to acquire higher spiritual stations. The educational method of Quran and Ahl al-Bayt is based on the foundation that different levels of recognition are considered in educating people and inviting them to worship God. Children can be motivated by promising them rewards, a grown-up and sensible person can be motivated by expressing the worldly results of worshiping and good deeds and a wise and complete human being can be motivated by expressing the otherworldly rewards. Human is utilitarianist in nature. Even when one is worshiping God, they are considering its reward in this physical world. However, the real Shiahs and result-oriented Muslims constantly await infinite peace for bearing the hardships, sufferings and worshiping God and ignoring the pleasures of the worldly hobbies. This deal is full of interest and it is not comparable for the other few interest.

Key words: worshiping, Hereafter-seeking, motivation, reward, heaven.    


The Legitimacy of the Marriage between the Person Adapting a Child and Adopted Children from a Quranic Viewpoint

Seyyed Ali Mirdamad Najaf Abadi / Seyyed Ali Javaheri

Abstract

The debate over the legitimacy of the marriages between the person adopting a child and the adopted child which is widely discussed in scientific circles and the media and the prohibition of which is raised by the members of the parliament, has a particular importance. Using an analytical approach and Quranic evidence, the current study analyzes the legal status of adoption and guardianship and compares them with each other to discuss the question of legitimacy of the stated marriage. Based on the Quranic teachings, the findings show that adopted child is never considered as the real child in the Islamic culture. Consequently, the rules relating to his being a real son like the sanctity of their marriage with guardian is overruled.

 Key words: the state of being adopted, guardianship, child-having, adopted child, marriage, interpretation of Quran.


The Unique Distinction of Islamic Laws from the Viewpoint of Allameh Tabatabaei

Mohammad Asef Mohseni (Hekmat)

Abstract

Humanist and secularist way of thinking as well as the scientific improvements and the development of human societies have caused some people to talk about full maturity and self-centeredness of human. They consider human self-contained in various aspects of life, such as legislation. This way of thinking is primarily due to the modern human`s ignorance in relation to the divine reality of himself, real needs and his beginning and end, and secondary it is originated form the pessimistic view of human to religion and its principles. Accordingly, if the divine identity of human and unique features of the Islamic principles are rationally and thoughtfully analyzed, the immortality of these principles and human`s commitment to them will be proved. Using a descriptive-analytical method, this paper tries to analyze the unique features of the Islamic principles from the viewpoint of Allameh Tabatabaei. Using reason and logic, Allameh has attempted to analyze the immortality of the Islamic principles and human`s commitment to them through clarifying the unique features of the principles. The most important feature of the Islamic principles is that they are clear, perfect and free from any malfunctioning and personal intentions, in a way that the executors and the interpreters of these principles are unique and faultless. Having a comprehensive recognition of human`s needs and his beginning and end, Allah has allocated the most comprehensive and absolute principles for human to be prosperous. The most important components of the comprehensiveness and stability of the Islamic principles include: paying attention to the dynamism and time and place appropriateness while emphasizing on the firm principles, serious attention to the laws concerning guardianship and governmental laws, making a balance between material and spiritual needs.

Key words: Islamic laws, unique distinctions, necessity of commitment, agreeable life.        


A Review of the Fiqhi and legal Rules Relating to Computer Theft

Majid Vaziri / Hojjat Ershad Hosseini

Abstract

Theft is one of the oldest and the most widely spread and most advancing crimes against ownership. Along with society`s growth and improvements, theft has been drawn out of the simple form and now it has become complicated. Computers and interment networks and also international networks and local internet and intranet have altered the way theft is done. These changes have caused many concerns for the people, financial institutes and banks and organizations that deal with people`s money. A little research in the folders in the courts of law, one can realize that these crimes are increasing every day. Therefore, we must deal with this phenomenon seriously form the viewpoint of Fiqh and law. in this way we can create order and security in internet. Theft, however, in Fiqh and law is of the punishable crime that is lessened to less punished crime if all the conditions are not met. Since theft means robbing some without their awareness, internet information stealing can be counted as theft. Due to the existence of the principle of Dar`, we cannot execute cutting hand for the person who commits internet theft; though the information is stolen without the owner`s awareness. Most of the contemporary jurisprudents also have accepted this view. Computer crime`s law has considered both types of thefts punishable.

Key words: theft, computer theft, property, data and information, fixed penalty and discretionary punishment, computer.


Allameh Tabatabaei`s Views Regarding Crime and How to Prevent It

Hamid Jafari Fard / Mohammad Ali Haji Deh Abadi

Abstract

Like any other branch of the human sciences, criminology, is based on western theories. However, since Islam guarantees man`s prosperity, it necessitates that criminology be analyzed from Islamic scholars` point of view. Allameh Tabatabaei`s view on this topic is reviewed in the paper. This study aims at recognizing the views of Allameh Tabatabaei about crime and its factors and the ways to prevent it. Using an analytical-descriptive method, Allameh Tabatabaei`s views are mostly extracted from ((Tafsir al-Mizan)). Allameh believes that actions that are followed by a punishment are sin. In this definition, sin has a close relationship with crime. He believes that the main root of all the sins is ignorance of Allah and his position and not believing in the hereafter. Allameh also mentions other factors like, absolute wretchedness and untold riches. He believes the best way to prevent the crime is virtuous human morale based on monotheism.

Key words: Allameh Tabatabaei, crime, sin, preventing the crime, social prevention.       


The Effect of the Criminal`s Social Status on Punishment According to the Penal Code in Islam

Mohammad Rezaei / Mohammad Reza Rahbar Pour

Abstract

The current study explores the effect of social status –that is people`s status among the group and society- on punishment. Social status is a relative concept and it is estimated by the norms. One of the subsets of justice is equality in the law and execution of the punishments equally that is highly emphasized. Before the advent of Islam, courts had hierarchy order, based on social levels. People were punished in accordance with the social level they existed in. Using a descriptive-analytic approach, this paper tries to analyze the effect of criminal`s social position on punishment based on Islamic teachings. The findings show that although the effect of criminal`s social position on the severity, retaliation, blood money and punishments are inferable from the jurisprudential books, but accepting its effects on punishments is easier than its effect on severity, retaliation and blood money. Observing public interest and common good and the principle of the most important and important leads to the delayed execution of the punishments. What can be understood from the tradition of Ahl al-Bayt (p.b.u.t) is that sometimes they forgave some people who possessed a high position in the society or even punished them more severe.

Key words: social status, the principle of justice, criminal, Penal code in Islam.     


Fair Judgement in Islamic Penal System

Hamid Tavakkoli Pour Negari / Mohammad Reza Rahbar Pour

Abstract

Among the justice-oriented characteristics of a penal code its having rules and regulations, the observing of which leads to the administration of justice by the judicial system. Due to its importance in the judicial system in guaranteeing the criminal justice, just judgement is highly suggested in Islam. Judgment is one of the attributes of the infallibles (p.b.u.t) and just Muslim ruler. Henceforth, manifesting justice in Islamic criminal justice system is one of the most important issues in Islamic criminal system. Using a descriptive-analytic approach, the present article aims at introducing the Islamic criminal system as a just system by analyzing the criminal Fiqh scripts and Imam Ali`s (p.b.u.h) criminal system of ruling and the narrations of the Ahl al-Bayt (p.b.u.t). Three principles of exemption, prohibiting the torment and the independence of the judge are discussed here.

Key words: just judgement, criminal justice, Islamic judgment, criminal laws revision, public trial.