List of Articles فقه امامیه

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  1 - Investigation of the Basis of Transformation Legitimacy with the Quranic Approach - Validity And its effects in the teachings of criminal law
  hosein khorshidi mohamad hosein shabani
  20.1001.1.98991735.1400.10.37.5.7
  In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and More

  In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and new and new issues, and contemporary jurisprudents according to two principles of dynamism And the definitive trust in the religious texts and sources has kept the light of the intellect clear and this has led to the development and development of jurisprudence. Therefore, in this article, based on the authoritative sources of Islam and the principles of the criminal law, through analytical and descriptive methods The study of the legal basis of the legitimacy of gender change has also been studied, as well as the effects of the legitimacy of sex change. Iran's current criminal law the notion of order under scrutiny. The jurisprudential foundations of the legitimacy of the issue of gender change are twofold: first category; absolute legitimacy; second class; conditional legitimacy; according to the authors, the viewpoint of contingent legitimacy is in accordance with medical and legal principles, and also in criminal matters, according to the principle of interpretation in favor The accused and the subtle interpretation of the criminal law, in every matter that there is a suspicion of the accused in the sex, the criminal laws are assisted by the accused and adopt a gender that does not respect him or her, and also by changing sex from male to female, The current woman will be in the women's sentences, and the woman will also be the man after the change of sex; the principle is that in case of committing a crime The works and will be a new gender rules. Manuscript profile
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  2 - Investigating the sociological effects of Imamieh hermeneutic jurisprudence with Emphasis on Imam Khomeini's Thoughts
  Sussan  Narimani Morteza  Barati Ebrahim  Baghshani
  20.1001.1.98991735.1400.10.39.9.5
  Investigating the impact of society on jurisprudence and the impact of jurisprudence on society is important. Methodology and hermeneutics Exposure to jurisprudence with the text in the book and tradition is one of the most important factors in the differences of opinio More

  Investigating the impact of society on jurisprudence and the impact of jurisprudence on society is important. Methodology and hermeneutics Exposure to jurisprudence with the text in the book and tradition is one of the most important factors in the differences of opinion and inference and consequently the belief in traditional or social jurisprudence, since different jurisprudential schools with different approaches have emerged. Imam Khomeini, as a jurisprudent, revived the text by emphasizing on the demands of time and place, and interfered with outside factors in understanding the text, and in many cases did not regard the text as meaningful. Since the text is susceptible to different understandings due to its external factors, they believed that the new meaning was born from the inside of the context and out of context based on the influence of time and place. The Imam not only did not accept the text's independence from its source, but also did not consider the text to be independent of the jurisprudence and its external factors. The method of the jurisprudents of Imamiyyah, especially Imam Khomeini, for filling the gap between the world and the outside world, has been the method of ijtihadic operations with a view to changing the issues and the role of time and place; and they specified the duty of Obliged in sentences that cannot be understood by the aid of principles. Imam Khomeini's hermeneutic views as a mujtahid and jurist who created enormous intellectual revolutions in jurisprudence with a different methodology make the role of modeling the methodology of the jurisprudence of the Imamiyyah more apparent to the entire world's knowledge. The Imam founded the dynamic jurisprudence school, relying on Jawaheri jurisprudence and it forms the basis of religious rule that is unique in the world. This descriptive-analytical study was carried out along with documentary and library data collection. In order to express the hermeneutical methodology of Imamiyyah jurisprudence, the extent and criterion of the attention of jurists, especially Imam Khomeini, to the social issues and the interplay of the jurisprudence and society are examined. Manuscript profile
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  3 - Protecting human dignity and respecting the rights of non-Muslims in Imami jurisprudence and subject law
  Toraj  Hematti Farsani Alireza  Salimi ALIREZA HOSSINI Mohammad Hossein  Nazemi Ashani
  20.1001.1.98991735.1400.12.45.9.3
  The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, altho More

  The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, although present as a minority in the Muslim community, are supported, or who are among the non-Muslims who are in conflict with Muslims. There are those who are known as military infidels and therefore are not respected by Islam. A look at the sources of Imami jurisprudence shows that the breadth, property and honor of non-Muslims who are under the protection of the Islamic community are considered inviolable; Thus, Muslims have no right to attack them; Because in this case they will be reprimanded. The Constitution of the Islamic Republic of Iran, by recognizing the religious, Christian and Zoroastrian individuals as religious minorities, has also recognized their rights. In the Islamic Penal Code in 1392, the legislature, by establishing jurisprudential standards in some areas, including adultery with a Muslim, sodomy, tafkhiz, considered the death sentence as an aggravation of punishment for non-Muslims and in drinking alcohol, as a factor A discount was given to non-Muslims only if they pretended to have a limit. Regarding diyat, the equality of diyat of non-Muslim and non-Muslim minorities was maintained, taking into account the opinion of the leadership. Apart from usury, no distinction was made between Muslims and non-Muslims regarding punishments. However, in the field of retribution, a new approach to expanding the scope of the safe has been pursued, which indicates a step towards greater support for non-military infidels, even those who are not among the minorities recognized in the constitution. Manuscript profile