Category: Articles
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Contextualism in Ayatollāh Borūjerdī’s Jurisprudential Methodology
Abstract This article sheds light on the fiqhī methodology of Ayatollāh S. Hosain Tabātabāī Borūjerdī (1875-1961). According to the author, one of the most prominent features of his methodology is a broad contextualism. Bringing evidence from Ayatollāh Borūjerdī’s major writings, the article explains different aspects and dimensions of his contextualist approach. It explains how he has moved…
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An Examination of the Jurisprudential Theory of the Intrinsic Filth of a Person Born of Illicit Intercourse
AbstractAccording to some Imamiyah jurists, bastard (a child born of zina) is created with an impure nature. There are some narratives about this belief. These narratives have influenced the inference of bastard rulings from jurisprudential sources. Some jurists, in order to justify discriminatory rulings in the field of inheritance, judgment, martyrdom, authority, Friday prayer Imam…
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An Analytical-Critical Investigation of Differences Between Had and Ta’zir
An Analytical-Critical Investigation of Differences Between Had and Ta’zir Rahim Nobahar(PhD), Faculty of Law, Shahid Beheshti University According to the basic rules of Islamic criminal law, punishments are classified in to “had” (prescribed punishment fixed in law) and ta’zir (discretionary punishment left to the decision of the judge). In traditional view, it is believed that…
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From Saving Government to Saving Social System
Abstract: This article sheds light on the theological-jurisprudential concept of the Rule of saving the system (hifdh al-nidhām) and its origins in both theology and jurisprudence. The article insists the broader sense of the Rule and its close relationship with social order. While mentioning some examples of the Rule in different juristic issues, the article…