فقه - دفتر تبلیغات اسلامی حوزه علمیه قم - الصفحة ٧
Abstracts
of the Articles
Sayed Ahmad Hosseini
A New Doctrine in Legal Stratagem
Affirmation of the New Moon due to the Legal Ruler Decree
Reza Eslami
Developments in the ways of communication can affect judicial decrees of jurists causing huge social and political problems, which weakens Islam and Muslims. This essay suggests that to solve such differences Muslims should obey State Rules of the Guardian, for his decrees rule over all people and even other jurists. The author mentions that most of well-known Shiite jurists believe the decree of the ruler for the beginning of new lunar month is an absolute decree to be obeyed. He also notes the proofs for general rule of the Guardian and certain proofs for his decree over the beginning of the lunar month can be referred as well. Moreover, in his idea, the proofs of the Guardian's judgment and his rule over the life of Muslims can be considered as authentic reasons. Following and obeying the Guardian's rules is obligatory in all situations and conditions unless the false decree of the Guardian is affirmed, which should not be publically declared.
Key Words: Lunar Months; Overall Guardianship; Certain Reasons; Ruler's Decree; Nature of the Decree.
Considering Profane Singing in Quran Citation and Mourning
Mohammad Taghi Akbar Nejad
All aspects of life and even rites of worship would change due to the vicissitudes of time and place. This essay seeks to substitute "Libidinous Singing" with the more general phrase "Profane Pleasure" in order to change the theme of libidinous music to any kind of deviant music. The author suggests that citing the verses of Quran and mourning with deviant music is prohibited even though that music is not considered as a libidinous one. He insists that since the music styles have drastically changed these days all new born religions and schools can introduce themselves in various forms of deviant music.
Key Words: Libidinous Singing; Profane Pleasure; Common Analysis; Quran; Mourning; Weakness.
Hussein Naseri Moghadam; Taher Ali Mohammadi
Using legal stratagems has always arisen many disputes between Muslim jurists. Shiite scholars and jurists who consider it as a legal way mostly refer to Hadith and ration to prove this matter and find a way to match such stratagem with legal body of Islam. On the other hand, those who reject this phenomenon and take a philosophical approach toward religion consider it unacceptable in nature and in contrast with the essence of Islam.
The author brings some proofs from both sides and presents a hypothesis.
Key Words: Legal Device; Stratagem; Jurisprudential Deceit; Deduction; Rules; Purpose of Legislator.