Friday Prayer from the viewpoint of ShahidThani and Vahid Behbahani-By: Reza Mokhtari

In this paper, at first, the importance of Friday Prayer (Salaat-ul-Jumma) in Shiite jurisprudenceis investigated and then two significant treatises about Friday prayer written in Persian and English by Grand Ayatollah Vahid Behbahaniare discussed meeting his views on the Friday prayer as an obligatory with choice at the time of Occultation. The last and fundamental part of the present paper deals with criticismsof Behbahani’s reflections on the invalidity of assigning “Friday prayer as an ‘individual duty’ (wajib‘taeenī)” to Shahid Thani (it is well known that Shahid Thani deals with three positions on Friday prayer from which he adopts the one which takes the Friday prayer as an individual duty). The author of this paper by citing to various evidencesacknowledges that assigning this treatise to Shahid Thani is true and confirms that this treatise is Thani’s work.
Keywords
Shahid Thani, Vahid Behbahani, Friday prayer, the time of Occultation, Individual duty, Obligatory with choice

● Taking office in unjust government
 By: Seyed Javad Vara’ee
Assistant professor at department of law, Research Institute of Hawzah and University Jvarai@rihu.ac.irEmail:
“Taking office in unjust government”in Islamic narrative and juristic books has been recognized as “acceptance of unjust authority”.Dignifying cooperation and accepting responsibility in unjust and tyrannical system has been favored by the Shi’a Fuqaha (the plural of Jurist in Islamic jurisprudence) in general. What remains controversial here is whether accepting a position in unjust governmentassociates with ‘intrinsic evil’, ‘contingency’ and ‘non-evil’ and subsequently ‘intrinsic dignity’ or ‘extrinsic dignity’. Investigating the reasons of ‘intrinsic dignity of accepting a position in an unjust government’ which comes from the intrinsic evil of that position shows that these reasons fall short of the certainty and proof of the claim. As for other reasons are incapable of proving its permissibility, that is they deserve no judgment on their own and their truth depend on the truth of other topics such as assistance to an unjust and tyrant governor, tenure of office for unlawful and prohibited acts and reinforcing the oppressive government. It seems that taking up positions in the oppressive government is considered contingently evil and prohibited by Sharia law. If it contradicts with another title, it should be subject to the Tazahom (contradiction) rule. In other words, the first principle here is the dignity and prohibition of incumbency in the office of unjust government, unless there are considerations beyond just ‘the evil of accepting a position’ that justify taking office.
Keywords
Taking office, unjust government, assistance to a tyrant governor, intrinsic dignity, extrinsic dignity

● Islamic jurisprudentialrule for women’s looking at men’s bodies
 By: Seyed Zia Mortazavi
In Islam, the believing women looking at men bodiesis a public controversialissue (i.e. who are outside the Mahram relationship). This popularitychanges it to a Sharia controversy in some social problems such as women attendance in men’s sport environment. But what is the command of Islam about the believing women looking at men who are strangers to themduring usual activities disregarding other possible interests, factors and outcomes which should be noticed by policy makers and administrators in managing such social and cultural issues. Investigating Islamic jurisprudentialtexts including reasoning and Fatwās shows that Fuqaha (the plural of Jurist in Islamic jurisprudence) have had differing views about women usual looking-without lust and moral pervasion- at men.They have been ranged from the absolute prohibition of looking (Haram) to binding it to specific positions.These arguments just like other related discussions typically stem from the difference of views and attitudes about the reasons. Examining reasons shows that the reasons for the reverence of women looking at men are not so clear and reliable in comparison with the reasons for the preserved reverence of men looking at women.In this paper, after describing the eight existing views, first inadequacy of evidences and arguments to prove the reverence of women usual looking at men except private parts of their bodiesare presented and then the evidences and arguments support thisview that women are allowed to look at men (who are outside the Mahram relationship) except private parts of their bodies are demonstrated, as some other Islamic jurisprudents introduced the same point of view. Others, insisting on the inadequacy of evidences and arguments, recommend prudential obligations.
Keywords
Looking, prohibited looking, women looking at men, eyes feeding, exercise
● A study on the punishment of insulting others from the viewpoint of Islamic jurisprudence (Fiqh)
 By: AbulghasemAlidoost and Seyed Mohammad Hussein MotevalliEmami
In some legal systems of the world, citizens of that community are responsible for the vindication and enforcement of rights. In this case, adjudication does not depend on seeking permission of the ruler. In Islamic jurisprudence, retaliation which has beenrecognized as Taghas (punishment) is known as one of these ways. However, in legal texts, its inclusion is different in financial and non-financial affairs. The present paper investigates the permission granted for punishment of insulting others through studying the views of Shia Fuqaha (the plural of Jurist in Islamic jurisprudence), Quran and Islamic narratives. Also tries to explore various aspects of this issue in social relations of Muslims. It seems that if the legislator does not enumerate an exception, punishment in financial and non-financial affairs should have enough legitimacy without the permission of the ruler and the punishment of insulting is permitted on the condition that does not lead to violence.
Keywords
Retaliation, Punishment, penalty of insulting others, revenge, performer of punishment, government jurisprudence

● Purification of “Ijtihad”;
The need for a reductionist approach to jurisprudential inferences
 By: Mohammad SoroushMahallati
“Ijtihad” in its unique position is an attempt to infer Islamic Sharia law. But over the years, in many cases, some issues had been attached to and it expanded outside of its original extent. Such an expansion restricted other institutions like common sense, reason and science and narrowed the field for them and thus the Islamic jurists (Fuqaha) commented outside of their responsibility and have affected their followers in a way that they imitate them in non-sharia law too. In our times, this problem has increased due to the large number of new issues. Thus, non-jurisprudential based responses of Islamic jurists or Fuqaha (the plural of Jurist in Islamic jurisprudence) have damaged the authenticity and originality of Islamic jurisprudence and Ijtihad. So, once again, we have to define and delimit the scope and extent of Ijtihad to return it to its original position. This will be realized by purification of Ijtihad and removing heterogeneous elements.
Keywords
Ijtihad, general rule, particular rule, common issues, imitation, adjustment

● The era of “Governmental Jurisprudence” and its requirements
 By: Akbar Hashemi Rafsanjani
Shiite jurisprudence has passed several periods in its history; from the period of legislation, explanation and interpretation in the era of Imam’s Presenceto the period of “compilation of Hadith’s sources” and “recognition and Ijtihad” and their ups and downsuntil the victory of Iran’s Islamic Revolutionin 1979. But the establishment of the Islamic Republic in Iran on the basis of Islamic jurisprudence (Fiqh -E- Ahlulbayt) has entered the history of Shiite jurisprudence in a new era that it can be cited as the “era of governmental jurisprudence”. Due to the responsibility of Jurisprudence (Fiqh) and Islamic jurists (Fuqahā’) in effective administration of society and the necessity to meet the needs of contemporaryhuman, this period has requirements including the establishment of new Hawzah (Islamic seminary) along with traditional Hawzah where in Muslim Motejazza Mujtahids (or Mujtahidūn) become acquainted with the sciences needed for the society and they proceed to acquire expertise and gain proficiency so that by mastering Islamic jurisprudence (Fiqh) in one hand and one of the sciences on the other hand they can satisfy diverse needs of the society and government in various fields.
Keywords
Governmental jurisprudence, Shiite jurisprudence, Fiqh, Requirements, Islamic Jurists, Hawzah

♦
♦
♦
ABSTRACTS

● Denial of religion’s necessities and its relationship with apostasy
 By: Seyed Musa Shobeyri Zanjani
In this paper, two fixedIslamic jurisprudential theories are investigated viz.,”denying necessities of religion causes apostasy” and “denial of religion’s necessities mustcause apostasy if it leads to the rejection of the Islamic Prophet”. By scrutinizing variouscontradictory narratives including hadiths, with or without consensus,this paper concludes that denying necessities of religion does not lead to apostasy in itself and is the circumstantial evidence of apostasy and atheism. As a result, if there is certain belief about a person who denies the necessities of religion and have faith to the monotheism and prophecy and acknowledges the Islamic Prophet Muhammad, but is doubted in particulars and thus denies the necessities of religion, he/she should not be sentenced to apostasy.
Keywords
Necessities of religion, denial of necessary, rejecting the Prophet, apostasy, atheism