(denegation hardships),of the Rule Laof Darar (denegation of harmfulness) Keywords principle itself therational recognition oppressionof doesnot have validity comparisonin discretion,theto and secondly: inthe jurisprudential prove the infer andprinciple not that, firstly, canwas one of negation ofoppression, justice,the principle of negation of oppression has oppression'been deliberated. thecontextin inference,of And the resultinstead speakingof about differencethe principle the discussion the topresenterof of criticizedwas Professor by Aliakbarian. that meeting, In beliefthe to duethe of held at the Institute of Meftah  ●

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The principle of "negation of oppression" of "negation of The principle facultymember, Islamic Sciences The principle of "negation of oppressi Jurisprudential rule, Negation

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Semiannual Journal of Studies of Contemporary Jurisprudence/ Vol.

SeifollahSarami

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. 7

160 ABSTRACTS

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Keywords causes of ambiguities in such subdivisions will be illuminated Prophet'smainthecomplexitycompanionsshapingattitudethisthe of inand review thiscriteria.With newreviewing these examplefordecent a it makes which interferencecomplexity different various anddevelopments through stages in "necessitywoman'softhe alimonyhusband",of on subjectbeen which hasto Shiajurisprudence willbedemonstrated. Thesurvey basis jurisprudential a of evolutionsubdivision from the formation toprogression. of investigationAnd picturea andofits consequences componentsin the of the inference of other subdivisions and even other issues. the basis itsof the issue in question, of but itself is one all of the underlying affects principless for it issue, the entering by Instantaneouslyjurisprudence. inferentialof eras the of one in issues the of one toadded beenvariable has a which in situation a phenomenon is this of examples important most the subdivisionscomprehensiveabsencea theofand sys emergencethesefactorsdiscoverinabilitybehindthetheofthe to is eranew theconsequencesof thoroughthelackofa of analysis theconditionsof thisof theeffects and consequences of this theseofnewframeworks analyzedcanbe historically, importantbutan partof jurisprudence, which broughtinnovative principles.Although theorigin ofsomeinceptio theWith of"inferential beginning jurisprudence", the and jurisprudence" "narrative which has greatly of influenced end the whole the of Shia . isjurisprudence  marriage of discussion inthe and"Noshooz" Alimony (disobedience) between relationship the about study case A Fiqh; of school Shiite early ●

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Keywords leads to Fisq in some cases I the of obedience the form departing and Bagh'i justice. of circle the from deviance and Fisq causes it , in sin major a considered is deliberately and knowingly Imam infallible the against rebellion the since Isla an of obedience the withdrawing alone let Kufr; to lead not does Imam the of obedience the from departing that conclude we issue, this on group each of reasons the and jurisprudents probl analytical an undertakes Shi'a twelfth paper of This occultation of Imam. time the at state Islamic the of obedience the fromdeparting the aboutdebate no been has there But Imam.the against theor two are there Imamiyyah, Shia of scholars the Among law). Islamic (violating "Fisq" or (disbelief) Kufr causes Bagh'i whether including consequences some to leads theologyIslamic and Fiqh in  ●

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arting from the obedience of the Imam or the Islamicstate theImam or the obedienceof fromthearting .

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162 ABSTRACTS

163

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Leaving prayer the Keywords and spirit prayerof truth the spoils that shortcoming of kind any to generalized be can instances f meaning special a infer can one Hadith, stating of context the to is regard with Third, over. is time the above until mentioned prayer the leaving terms and prayer neglecting three prayer, for the time the missing of purpose the Thus, words. three to apply not can and obligatory) not and (recommended Mustaḥabb considered are prayer congregational in participate to failing and prayer for the preparationsprayer,rituals and for leavingIslam. missing timeWhile the to and according underestimating recog terms, and prohibited Second, is these prayer spoiling including truth. Hadith the the of of methodology interpretations different are althoug andsynonymousterms conceptually they in butare terms are these different, first, that, proved and criticized been has prayer, congregational in participating not and over is time the until prayer the leaving and prayer for time the missing means prayer neglecting and spoiling underestimating, become has which writers, many of perception the article present the In prayer. neglecting and spoiling underestimating, as such words prayer; about used vocabulary the is cases these of One Hadith. s the is of religion, teachings the in distortion causes occasionally that teachings, religious  neglecting prayer ●

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associateprofessor, Dept. of Studies, ResearchInstitute of Hawzahand University By: By:

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Semiannual Journal of Studies of Contemporary Jurisprudence/ Vol. priiludrtnig f oe f h vcblr i the in vocabulary the of some of understanding uperficial

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Fiqh)in Fiqh, Shia questions), of expertan or Islamic jurist an Faqeeh;Fuqaha (plural Shia formof Evolution, clarifications or edicts juridical of (collections Keywords this paper. discussionThis inwas first presented at a scientific meeting with dealt is that necessity a is time the of circumstances and needs the Islamic with accordance in content and style of terms in of thesis writing of evolution classification of evolution the of examples are field the ancillaries, in thesis writing of expansion jurisprudence,Fiqh, explanation languagenewtermsand applicationof of of perspective gone has jurisprudence,  ●

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Sem iannual Journal of Studies of Contemporary Jurisprudence/ Vol.

through an evolutionary period. Evolution from the from Evolution period. evolutionary an through .

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- Masail Masail 201

7

164 ABSTRACTS

165

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Universityof Technology, Email:[email protected] Keywords necessary. paper This seeks examine to the ar issue with this perspective other with jurisprudence Islamic especially fields, various in Kufr and Islam of rules of differentiation Semantic doubt. or denial esoteric an by accompanied was declaration this Although creed. conf otherwise, "BASTE willthen causeit apostasy. "Seerah of Ahlul Bayt", whether during era the of creed, reciting the of denial the reveals clearly he/she unless Muslim, a by renuncia for reason independent an not is on, so and necessary, ofDenial recitingcreed. the principles of the of bothor whoone refute those to denied only are "Muslims," for are which of all like, the and inheritance, such rules Islamic creed. the of recite the or Islam of Prophet the of mission the and monotheism the accepting to tied are Kufr and Islam jurisprudence), (Islamic Fiqh In andfields. these in criterion mysticism ethics, interpretation, T to jurisprudence. theology from culture Islamic  ●

ece o Hwa, aut mme; eatet f sai Telg ad uaiis Amirkabir Humanities, and Theology Islamic of Department member; faculty Hawzah, of Teacher By: By: Islam andIslam "kufr" (Unbelief) in Fiqh (Islamic Jurisprudence) Islam, Kufr,Reciting creeds, Denial of necessary, Islamic jurisprudence The term'Islam and"Kufr" (disbelief)' very is many important in of fields MohammadRezaGhafourian - YAD" (the de facto guardianship of Imam (a.s) or his deputy) or deputy) his or (a.s) Imam of guardianship facto de (the YAD"

Semiannual Journal of St rs ht ese a cniee a Msi b rctn the reciting by Muslim as considered was he/she that irms i tr hs sgiiat ifrne n h maig and meaning the in difference significant a has term his

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as purification, marriage license, marriage purification, as .

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have occurred in setting up andkhaarij. arrangingOffering this thispresentation paper narrations, to the readersin the context of the inference co of the Shari 'alaw, isone of the features of the coursespecial Islamic in jurisprudence)courses of dars e teacher 1 Faithful), the Transmission of the Quran the Keywords Therefore, rejected. stronglyand distrust Islamic teachings unknowingly and uni is Muslims ignorancedisbelievenonbelieversoftenin who toQur'an the transmission of over deliberately, words the and and paper believers) this result, a that theconcludes As discussed. over been has triumphs) "believers" and (to"unbelievers" way a unbelievers andthe to grantGod willnever (Andverse: thisQuran; presentingthe on based rule this of with along paper, this scrutinizing well In rules. jurisprudential Islamic these of examples are unbelievers" the to Muslims surrender to permission perm of lack "The Muslims. the over dominion and rule their of acceptance the in result establishmay that relation to any having avoid allowed should one notthat but them, is withrelations one that mean not does This abasement. their o dominion the to subjectedbeing not thusdignified, and in jurisprudentshonored be to Muslimhave Muslims all sense, this byIn jurisprudential issues.various cited been has (Muslims), faithful/believers the legal rejection of any domini  ● Trans. By ABSTRACTS ♦ ♦ ♦  .

pld o te s o interested of understanding precise readers. use scrutiny the Quran verses the and A mpiled the for in of Disbeliever,Believer, Nafye al Anexample of aspecialized Islamic jurisprudential discussion and neces An IranianAn Marja Shi'a By: By: The Islamic jurisprudential principle of "Nafye al h Ilmc uipueta picpe f Nfe al "Nafye of principle jurisprudential Islamic The AyatollahYousef Saanei YousefSaanei

Mahdi Mahdi Gholami sin o te rnmsin f h Qrn ad te ak of lack "the and Quran" the of transmission the for ission Semiannual Journal of Studies of Contemporary Jurisprudence/ Vol.

the domination of an individual(s) who disbelieve knowinglydisbelieveindividual(s)who an ofdomination the - known Islamic jurisprudentialvie Islamicknown  to the readersof the journal,we apologizefor any ambiguities and deficiencies that may

presentedin his dars e khaarij (the highest level of seminary studies and advanced –

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Autumn and Winter

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166 ABSTRACTS