https://www.sijl.ir/ Quran, Islamic Jurisprudence and Law en daily 1 Thu, 23 Oct 2025 00:00:00 +0330 Thu, 23 Oct 2025 00:00:00 +0330 https://www.sijl.ir/article_224285.html In verse 104 of Surah Al-Imran, Almighty God has given attention to "calling to good" along with the two duties of "commanding good" and "forbidding evil". In our jurisprudence and exegesis, "inviting to good" is sometimes equal to "enjoining good and forbidding evil" and sometimes it is a combination of both and sometimes it is a third concept that is different from those two duties. Contrasting the call to goodness is particularly important since it can lead to the birth of separate jurisprudential tasks and the creation of independent laws and institutions in the field of thought and implementation. This research has tried to solve this problem by collecting library and analytical research method in the framework of jurisprudence,to prove the hypothesis of comparing the institution of calling to good from other two duties, or at least the general and specific relationship, and taking into consideration the related jurisprudential works. https://www.sijl.ir/article_224284.html The Holy Quran is a book of divine guidance that needs to be questioned in order to clarify its divine intentions and the meaning of its verses. The most important issue regarding thematic interpretation is the authority and validity of the results of this interpretive style. This research with ijtihad method along with descriptive, analytical and critical data processing seeks to examine the arguments of the authority of thematic interpretation in terms of the necessity and possible narrative and intellectual barriers to the validity of this interpretive method. The most important results and innovations of this research are as follows:1- Proving the public-private relationship between the interpretation of the Qur'an to the Qur'an and the thematic interpretation. 2- Sufficiency of the arguments for the authority of the interpretation of the Qur'an to the Qur'an to prove the authority of the thematic interpretation at the point of commonality. 3- The completeness of the argument to some verses and narrations and the rational tradition signed and consensus to prove the authenticity of this type of interpretation. 4- Non-obstruction of the narrations of multiplication and rational arguments presented from the authority of thematic interpretation. https://www.sijl.ir/article_232904.html The preservation of human dignity and personal honor is among the fundamental principles of Islamic law, manifested through various legal injunctions. This study investigates the ruling on qadhf (false accusation of adultery) as one of the key protective mechanisms in safeguarding individuals’ reputation, with particular focus on Qurʾān 24:4. Adopting a descriptive-analytical approach and drawing on jurisprudential and exegetical sources, the research explores the phrase “wa alladhīna yarmūna al-muḥṣanāt” (“those who accuse chaste women”). The findings indicate that the rulings related to qadhf, beyond their penal aspect, serve as a preventive measure in maintaining the moral and social order of society. By offering a fresh interpretation of the term muḥṣanāt and reconsidering the scope of qadhf, the study creates space for re-evaluating traditional approaches. Furthermore, the issue of rejecting the testimony of the accuser (qādhif) and the conditions for its reinstatement are examined as significant implications of this ruling. The relevance of this research is heightened in the modern context, given the expansion of social interactions and digital media, which facilitate the spread of accusations. The study’s findings contribute to clarifying the role of Islamic legal injunctions in preserving human dignity and strengthening the ethical foundations of society. https://www.sijl.ir/article_224291.html The family is considered one of the most important basic elements of the society, whose health, strength and stability play a significant role in the health of the members of the society; Accordingly, based on the dignity of the revelation of the verses related to the rule of harm, a series of criteria are extracted from the verses of the Qur'an, which are the basis of action in the field of the family; So that some of these criteria lead to basic challenges in the family field and it is necessary to take an effective step towards the stability and sustainability of the family by identifying and providing solutions to solve these challenges. In this research, which was carried out using a descriptive and analytical method, the results were obtained that based on the dignity of the revelation of the verses, whether in the stage of family formation, or in the stage of its life and dissolution, the occurrence of some behaviors by family members is an example of harm other family members, identifying these losses and extracting strong and logical rules from the verses and traditions of the rule of harm, can be effective in the field of legislation of new rules. https://www.sijl.ir/article_232905.html A key question concerning muḥārabah (armed hostility) is whether it should be classified, in legal terminology, as a “habitual crime” (jarīmah bi-l-ʿāda) requiring repeated acts, or as a “simple crime” (jarīmah basīṭa) realized through a single occurrence. In other words, does the establishment of the crime of muḥārabah necessitate the repeated act of brandishing a weapon (at least twice)? This study seeks to address this question by employing a library-based methodology and an analytical–ijtihādī approach within the framework of Islamic jurisprudence, with particular reference to the muḥārabah verse (Q 5:33). The findings demonstrate that no valid textual or jurisprudential basis exists for requiring repetition of weapon-brandishing in order to establish muḥārabah. Neither the term yuḥāribūn (a present-tense verb) nor the phrase yasʿawna fī al-arḍ fasādan (a present-tense verb with the root saʿy) in the noble verse indicate such a condition. Moreover, the absolute wording of Qurʾānic and hadith evidence, as well as the formulations of jurists in defining muḥārabah, affirm that repetition is not a prerequisite. In cases of doubt, however, primary principles—such as istishāb (presumption of continuity), the principle of darʾ (averting punishments in cases of doubt), and precaution regarding life and blood—support rejecting the necessity of repeated weapon-brandishing for muḥārabah https://www.sijl.ir/article_224293.html "Sedition" and rebellion against the ruling Islamic government is one of the issues that have been the subject of numerous rulings in Imami jurisprudence. Some Imami jurists have considered the verse Sharifa Baghi as including the term "baghi" and based on this verse, they have proved or denied the rules and conditions for the crime of "baghi". On the other hand, some others consider this verse to be unrelated to the uprising against the government and consider its contents specific to tribal conflicts in the Islamic society. According to the latter point of view, proving conditions such as having a group in the fulfillment of Baghi by referring to the verse of Baghi or negating some conditions based on the application of this verse is fundamentally incorrect.The following article has evaluated the verse in question with an analytical and critical method and examined its relation to some jurisprudential terms from the two angles of customary manifestation and narrative interpretation. The findings of this research indicate that the common appearance of the words used in the verse of Sharifah has nothing to do with the uprising against the Islamic government, and the various expressions presented to show inclusion in relation to the rebellion are not acceptable. Narratives that may be cited to prove the connection between Aya Sharifah and the term Baghi are also not capable of reasoning due to the weakness of the document or the implication. https://www.sijl.ir/article_179645.html AbstractEnjoining the good and forbidding the evil is the most important command of God in the field of public responsibility among Muslims, and since the beginning of Islam, these two basic duties have played a significant role in the dynamism and movement of the Islamic society towards ideals.One of the requirements of research in the field of enjoining the good and forbidding the evil is to study these two duties with other topics such as calling for good, supervision, criticizing, renouncing the ignorant, and so on. Regarding the first three titles, considerable research has been done, but less attention has been paid to the relationship between turning away from the ignorant and enjoining the good and forbidding the evil.This article focuses on verse 199 of Surah A'raf, and based on the views of commentators and jurists, the descriptive-analytical method of examining the inclusion or non-inclusion of the concept of enjoining the good and forbidding the evil in relation to the Qur'anic interpretation of "avoiding the ignorant" And considering the existence of two different approaches, the findings of the article indicate two different results:If in the taste of the Shari'ah, the criterion in enjoining the good and forbidding the evil is addressed in the form of prohibition, the renunciation of the ignorant will not be as enjoining the good and forbidding the evil; But if we consider the legislation of these two duties as a criterion, considering that the criterion of the Shari'ah is the requirement of enjoining the good and forbidding the evil to create the good and the non-fulfillment of the bad, this criterion is also present in the ignorant and this category is a subset of two duties. https://www.sijl.ir/article_253896.html The determination of the subject of the right to Qisas in intentional homicide constitutes a foundational jurisprudential inquiry with profound legal ramifications for retaliation, succession, and testamentary dispositions. Article 365 of the Islamic Penal Code implies that the right to Qisas is vested in the victim, as evidenced by the provision for the victim’s waiver prior to demise. Similarly, Article 352 reinforces the continuity of this right post-mortem by acknowledging the spouse’s entitlement to settlement Diyyah, rendering heirs mere proxies for the victim. An alternative doctrine suggests the inheritance of this right by the heirs; yet, both perspectives identify the victim as the primary holder, a conception inconsistent with the literal injunction of Verse 33, Surah Al-Isra. A third view, aligned with the verse, contends that the right is primordially and directly vested in the legal heirs. A fourth proposition posits that the right resides with the victim during their lifetime, but upon their death, the Lawgiver institutes an independent right for the heirs. Through an analytical-critical approach, this study seeks to elucidate the correct legal basis. The findings indicate that, pursuant to Verse 33 of Surah Al-Isra, the right to Qisas is primordially and directly vested in the legal heirs. Furthermore, Verse 45 of Surah Al-Ma’idah does not serve to determine the right-holder, and the victim—lacking legal capacity—possesses no primordial entitlement. Accordingly, narrations contradicting Verse 33 regarding the establishment and persistence of the right for the victim must be qualified or dismissed. https://www.sijl.ir/article_253897.html .Homosexuality has been and continues to be one of the deviations in sexual relations, condemned by reason, human nature, and all monotheistic religions. However, in this era of contemporary history, by exploiting the problems of transsexual individuals and the inability to treat them, it has been presented as a natural behavior under political pressures—and not based on scientific research—but rather through voting. Through the onslaught of media propaganda, the establishment of associations, and the alignment of regional institutions, extensive efforts have been made to suggest the naturalness of these behaviors by concealing their disgracefulness through the use of terms such as 'same-sex attraction' or 'homosexuality,' and by proposing broad definitions to reduce their negative perception among the public. Following this perception of naturalness, the discourse of 'gay rights' has been raised. Furthermore, some, with incorrect interpretations of Quranic verses, have taken steps to solidify this deviation .The present writing, aiming to elucidate the progressive and logical perspective of the Holy Quran on this subject and by employing descriptive and analytical methods, seeks to prove that from the viewpoint of the Holy Quran, homosexuality is forbidden due to its opposition and incompatibility with reason and humanity, and its unnatural nature, while also responding to misguided interpretations of the Quran used to justify homosexuality. https://www.sijl.ir/article_253898.html Although from the perspective of Islam and the Holy Quran, the principle of the right to fate determination is generally accepted, the emphasis on the right to choose "any" fate (good or bad) in some writings, and its reference to the Holy Quran (context and research background), makes it necessary to reread the implications of the cited or citation-able Quranic verses with the aim of understanding the contents of the verses (necessity and purpose of the research). In this article, the author, using the library-descriptive-analytical study method, has collected the relevant ideas expressed and analyzed them logically and has come to the conclusion that not only does none of the aforementioned verses provide the right and legislative freedom to choose any fate (good or bad), but on the contrary, the these verses, while emphasizing the inherent freedom of human to choose any fate, oblige him to choose a pious, generous, honorable and just fate and to avoid choosing or accepting an unfaithful, mean, humiliating and cruel fate. (result of the research). https://www.sijl.ir/article_253899.html One of the most important problems women face after their husband die is securing settlement and alimony. In verse 240 of Al-Baqarah it is stated: Men must make a will that their wives be paid alimony and housing for one year after their death. It is well known among commentators and jurists that verse 240 of Surah Al-Baqarah has been abrogated by verse 234 of Surah Al-Baqarah and verse 12 of Al-Nisa. The consensus, the definite of the word "al-Hawl" in verse 240 of Al-Baqarah, and the traditions also confirm the abrogation of this verse. The hypothesis of the research is that the abrogation of verse 240 of Surah Al-Baqarah is not correct and should be revised.The findings of the present study show that the abrogation of verse 240 of Surah Al-Baqarah is not correct. Because the subject of verse 240 of Al-Baqarah is the necessity of a will, the subject of verse 234 of Al-Baqarah is the period of waiting for detachment, and the subject of verse 12 of Al-Nisa is the wife's share of inheritance. Therefore, the mentioned verses are not related to each other and not abrogate each other. The alleged consensus is supported by evidence. The use of the word "al-Hawl" is to determine the time of the will and has no connection with the waiting period mentioned in verse 234 of Surah Al-Baqarah. The traditions are also weak in narrater and content and cannot be relied upon. Therefore, verse 240 has not been abrogated. https://www.sijl.ir/article_253900.html Since kufr is the subject of many jurisprudential rulings and is directly related to the significant challenge of the relationship between Muslims and non-Muslims, determining its precise meaning within the framework of religion is of particular importance. In jurisprudence, according to the prevailing view, kufr is defined as a privative concept, meaning the lack of belief in Islam, the Holy Prophet (peace be upon him), and religious teachings. Evaluating this concept against the Quran, as the criterion for the Islamic nature of any thought, is an undeniable necessity. This research, conducted through a descriptive-analytical method and utilizing library resources, examines the jurisprudential concept of kufr in light of Quranic verses. Given the breadth of Quranic discussions on kufr, this article focuses solely on kufr from the perspective of verses that explicitly address the increase and intensification of kufr, the narrations related to them, and the opinions of commentators. The findings of this research indicate that, in Quranic terminology, kufr is a graded reality that increases and intensifies in proportion to the operationalization of kufr through hostile designs, commission of sins, obstinacy, and enmity, among others. Since gradation is a characteristic of an existential matter, the privative definition of kufr in jurisprudence is challenged. https://www.sijl.ir/article_253901.html The global economy is increasingly dependent on natural resources, and countries that possess these resources enjoy a prominent economic position. A key issue in this context is whether the exploitation of natural resources is limited to the nationals of a particular country, or whether these resources are part of the common heritage of humanity. The distinction between "right to natural resources" and "right in natural resources" holds significant importance in this matter. The "right to natural resources" refers to the ownership and control of resources by a specific country or individual, while the "right in natural resources" emphasizes fair and equitable access to resources for all human beings without exclusive ownership. Quranic principles regarding the exploitation of natural resources are based on the concepts of human stewardship and divine trust. According to these principles, the use of natural resources is not regarded as an individual property right but rather as a public and equitable right for all humans, aimed at meeting the needs of the present generation while preserving the rights of future generations. The Quran highlights key principles such as human dignity, social justice, the prohibition of corruption on earth, and the avoidance of wastefulness as foundational guidelines for resource utilization. Thus, the exploitation of resources should be conducted with respect for human rights, non-discrimination, and consideration for long-term benefits and future generations. https://www.sijl.ir/article_253903.html The behavior and actions of the innocents are one of the guiding sources of jurisprudence in solving new problems and common problems. In this regard, one of the important rules in jurisprudence, especially specialized jurisprudence, is the rule of following the Prophet and the Imam. Contrary to the widespread use of the rule in jurisprudence, coherent arguments about its meaning, scope, and effectiveness have not been conducted.There is a great difference between jurists in what tasi is and in which of the Prophet's actions it was obligatory and in which it was not obligatory.This research has followed the investigation of the existing sayings and the provisions of the mentioned rule with regard to some anecdotal evidence.As a result, in the nature of Tasi, neither doing the verb with the intention of its true form is a condition in all cases, nor that it is not a condition in any case. If the knowledge is of the aspect of the verb, the opposite cannot be intended, and in cases where the aspect of the verb is unclear, the aspect of the verb is not valid.The evidence of narrations such as the verse of the Prophet being an example due to his appearance in guidance according to the well-known basis, the analogy of the word "lakum" in the absence of obligation and the presence of general knowledge to the absence of obligation of complete compliance with the behavior of the Prophet, the appearance in absolute obedience and the example is not obligatory https://www.sijl.ir/article_253904.html Determining the precise boundary of legal capacity (Ahliyyah) for financial independence is a pivotal issue in Imami jurisprudence. The debate centers on interpreting Verse 6 of Surah An-Nisa, creating a dichotomy between the "subjectivity (Mawdu'iyyat) of puberty" and the "sufficiency of maturity (Rushd)." Using a descriptive-analytical method, this study scrutinizes the views of Muhaqqiq Na'ini, Sahib al-Jawahir, and Imam Khomeini to provide an efficient criterion beyond age rigidity. Investigations indicate that these jurists, based on principles like "conditional sentence structures" and "derivative discussions," hold varying opinions ranging from the "sufficiency of Rushd" to the "concurrence of puberty and Rushd." Findings suggest that while rational analysis supports the centrality of Rushd, interpretative narrations (e.g., Abi al-Jaroud) and jurisprudential precaution necessitate considering puberty. Consequently, the selected theory distinguishes between the realm of reality (Thubut) and the realm of proof (Ithbat): "Rushd" is the actual criterion for capacity, while "puberty" serves as a legal presumption. Practical implications of this view include the possibility of ending custody before puberty, delivering property to mature minors, litigation competence, marriage validity with the minor's consent, and maintenance cessation upon economic capability. https://www.sijl.ir/article_253905.html This research analyzes the conflict between the "Rule of Jubb" (Al-Islām yajubbu mā qablah), a principle of divine grace, and the "Principle of Justice" in safeguarding the Rights of People (Huquq al-Nas). Focusing on verse 38 of Surah Al-Anfal and using qualitative and comparative analysis of Islamic legal texts, this article investigates the rationale for exempting Huquq al-Nas from the rule's generality.Findings indicate that despite a consensus on absolving the Rights of God (Huquq Allah), the decisive trend in Islamic jurisprudence is to except the Rights of People—including debts, liabilities, and the right to retribution (qisas)—thus affirming their non-absolution.The philosophy of this exception rests on three intertwined foundations. First, a theological, justice-centered basis: divine mercy cannot lead to injustice, given the ontological distinction between the rights of God and the rights of people. Second, a jurisprudential-usuli basis that, viewing the rule as a form of grace (imtinaani), uses mechanisms like specification (takhsis) to prioritize proofs that uphold individual rights. Third, a socio-systemic basis that emphasizes preserving public order and the legal-economic security of society to prevent chaos.Ultimately, the research concludes that this exception is not a weakening of the Rule of Jubb. Instead, it demonstrates the Islamic legal system's sophisticated mechanism for balancing individual mercy with social justice and the public interest. https://www.sijl.ir/article_253906.html Elucidating the nature of Bulūgh al-Ashudd (reaching full maturity) for the termination of guardianship over an orphan is a foundational challenge in Islamic jurisprudence, stemming from the conflict between the principles of "objective standardization" and "individualized assessment of welfare." This study, using a descriptive-analytical method and a comparative jurisprudential approach, argues that Bulūgh al-Ashudd is not a simple age-based criterion but a composite legal concept based on the theory of "the interdependence of two pillars: physical maturity and financial competence." Findings indicate that the Holy Qur'an (An-Nisa: 6) outlines the framework for terminating guardianship through a three-stage process: testing (ibtila'), reaching the age of marriage (bulūgh al-nikah), and confirming competence (inas al-rushd). The Sunnah, in turn, operationalizes this model by defining the signs of maturity and specifying rushd as "competence in preserving assets" (ḥifẓ al-māl). A comparative analysis of legal opinions across Islamic schools of thought reveals that while some have emphasized a specific age for the sake of "legal stability," the preferred view (qawl al-mukhtar)—perfected especially in Imami jurisprudence based on hadith—mandates the definitive union of both pillars (maturity and competence) for the termination of guardianship. This theory presents a balanced, person-centered model that, by striking a balance between the orphan's right to independence and the principle of their protection, fully aligns with the higher objectives of Sharia. https://www.sijl.ir/article_253907.html Systematic destruction of the environment has become one of the main threats to global peace and security, but international criminal law faces a vacuum in response to its most severe forms. In response to this vacuum, a new legal discourse has emerged around the criminalization of “Ecocide” as the fifth international crime. The aim of this research is to examine whether the Quranic rule of “denying corruption on earth” has the necessary conceptual and legal capacity to serve as a basis and theoretically strengthen this emerging crime. This research, using a descriptive-analytical method and citing library sources, first explains the pillars of the two concepts in the context of international law and Islamic jurisprudence, and then performs a comparative and inferential analysis between the two. The findings show that there are deep substantive similarities between these two concepts in focusing on the broad outcome, the general nature of the crime, and the threat to security. Furthermore, the principle of “negating corruption on earth” by providing a God-centered philosophical basis, emphasizing responsibility arising from ignorance, and introducing a restorative justice model can significantly complement and strengthen the legal and ethical foundations of the crime of ecocide. Finally, this study concludes that the Islamic legal system has a rich capacity for active and constructive participation in the global discourse of environmental justice.