فقه - دفتر تبلیغات اسلامی حوزه علمیه قم - الصفحة ١١

 Abstracts

of the Articles
The Restrictions on the Necessity of Alms (Zakat)

Mahdi Fathi Nia
Abstract: The restriction on the necessity of paying alms to nine cases, along the constant economical changes in the society, is an issue which has raised questions for the religious scholars since the time of the Imams. There have been provided numerous responses to these questions. In this paper, following what the Imams have stated, we have presented answers to dubious aspects and have shown that the restriction on the necessity of paying alms to nine cases remains unchanged at the present time, as well.
Key words: alms paying cases, restriction, the advent of Islam, universality of religion, economical conditions.

The Status of Jurisprudence in the Holy Qur'an

Methodology is a necessary and practical knowledge in various branches of science, and each discipline, according to its statements, objectives and issues adopts a specific methodology. Fiqh (jurisprudence) and Osul (legal theory) and thus Ijtihad (independent reasoned interpretations for texts of Quran and Sunnah) are not exceptions to this rule; however, this fact has been neglected and has not been noticed enough. The journal, "A New Exploration", intends to take some steps in this regard through arranging some scholarly interviews with a number of outstanding figures who enjoy systematic methodology. In this paper, we focus on Ayatollah Madadi's methodology and viewpoint in the study of the status of the Holy Qur'an in Fiqaha (Jurisprudence).
Keywords: Qur'an, Jurisprudence, methodology, academic method, Makaseb.
 

The Extension of the Validity of Intellect and the Boundaries between
the Law Theoreticians (Osuli) and Traditionists (Akhbari)

Mohammad Taqi Akbarnezhad
Abstract: Intellect is considered as one the important sources in jurisprudence, but the Shiite scholars including the law theoretitions (Osuli) and traditionists (Akhbari) disagree on its the boundaries and the aspects of its validity. This paper analyzes four important viewpoints on the aspects of the validity of intellect and then deals with the question "Why the traditionists, despite a very faint role played by intellect in jurisprudence (Fiqh) and legal theory (Osul), have always criticized the law theoreticians and have accused their Fiqh of being based on intellect?" To this end, two major features have been introduced as the main elements.

The Role of the Intention of Pleasure in Sinfulness of Beholding

Daniali
Abstract: Islam has considered some behaviors absolutely forbidden; among such behaviors one can refer to beholding an un-intimate woman's hair, which may result in arousal of sexual desire. In such cases, Islam does not differentiate between the presence and absence of the intention of receiving pleasure. There are many other behaviors which may be accompanied by pleasure, but they have not primarily been prohibited. Now one can ask: "Is the arousal of sexual desire the reason behind of the prohibition of such behaviors? What roles do the two issues of the intention for receiving pleasure and the knowledge about receiving pleasure play in the prohibition of such behaviors? According to the Qur'naic verses, traditions and the ideas of the religious scholars, it can be concluded that the behaviors which arouse sexual desire are not prohibited provided that there is no intention for receiving pleasure behind them; such behaviors are just recommended to be avoided. However, the behaviors which are performed based on the intention of sexual pleasure should be avoided.
Key words: sexual pleasure, intention for pleasure, knowledge on receiving pleasure, lawfulness, sinfulness.

The Compilation of Narrations and Their Resources for the Sunnites and Shiites

Ahmad 'Abedini
Abstract: Ignoring the differences in the approaches taken by the Sunnites and Shiites in compilation of traditions has resulted in a situation in which sometimes their ways and instrumentalities are viewed intermixed. This paper aims at providing a general profile for each of the approaches and tries to mention the components effective in each of them so that the differences between these two approaches are clarified for the readers.
Key words: compilation of narrations, the Sunnites, the Shiites, resources.

The Coordination of the Nature and Religion, the Basis of the Truth and Justice

Abstract: Motahari considered the natural and innate rights as the basis and supporter of the rights dealt with in lots of the Islamic laws and regulations such as the ones concerning nature, environment and animals and he believes that the interpretation of some of the rights is impossible without paying attention to the natural rights and the ultimate principle. This issue is considered just in the divine philosophy and the Western materialistic philosophy, despite its consideration of human rights, nature, animals and the environment, does not enjoy a sane basis for its justification; because it ignores the principle of the ultimate and purposefulness of existence. Motahari names this theory as the innate or natural rights or "the theory of the intellectual rights", which is founded on some principles: the principle of ultimate, the principle of the coordination of the system of existence and the system of religion and the principle of coexistence of truth, responsibility and the natural rights.
Key words: the principle of ultimate, nature, religion, truth, responsibility, innate and natural rights.

A Study on the Approach Taken in Wasa'el ol-Shiiah for Compilation of Traditions

Abstract: Wasa'el ol-Shiiah is one of the major tradition books common in the seminary schools. Hence, its methodology in compilation of traditions deserves to be studied more than other similar books. This will help the clergymen and scholars to get more acquainted with it and know how to use it more effectively.
Keywords: Wasa'el ol-Shiiah, Sheikh Hor 'Ameli, tradition compilation, collection of traditions.