Category: Islamic Law
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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…
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Specifically Mentioned Discretionary Punishments (al-Ta’zirat al-Mansoos): From Perpetual Laws to Judicial and Administrative Laws
In Islamic traditional jurisprudence it is assumed that punishments are either had (prescribed punishment) or ta’zir (discretionary punishment left to the decision of the judge in each case). There are also some specific crimes which are considered as ta’zir while for which the quantity and quality of punishment is determined and fixed in some traditions.…
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Marriage a Unique Institution: A Qur`anic Study
By: Rahim Nobahar• The main argument of this article is that, according to Qur`anic teachings, the institution of marriage cannot be superseded by any other form of sexual relationship. The holy Qur`an in many verses, encourages marriage, and explains its positive functions in human life and society. Many other verses also reject the possibility of…
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Categorical Prohibition of Torture: an Islamic Perspective
1. Rahim Nobahar, Associate Professor, Department of Islamic Law, Faculty of Law- Shahid Beheshti University. 2. Seyed Hosein Alizadeh Tabatabaei, PHD of Jurisprudence and Principles of Islamic Law at Science and Research Branch, Islamic Azad University, Tehran, Iran. 3. Seyed Mohammadreza Ayati, Professor of Jurisprudence, Faculty of Theology, law and Philosophy at Science and Research…
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Jurisprudential (fiqhī) Feasibility of Transition from Corporal Punishments
This article is published in the Persian journal of Fiqh, Volume 24, Issue 90, Winter 2018, Pages 39-70. Jurisprudential (fiqhī) Feasibility of Transition from Corporal Punishments Rahm Nobahar (Ph. D) This article searches for jurisprudential (fiqhī) foundations that allow exemption from corporal punishments. It insists that all kinds of corporal punishments mentioned in Islamic texts…
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An Analytical-Critical Investigation of Differences between Had and Ta’zir
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