Ibadah Fiqh Doctrines

The Rule of Negation of Distress and Constriction (Arabic: قاعدة نفی عُسْر وحَرَج) and Analysis of the Cases Cited in the Jurisprudence of ‘Ibadah (Religious Ritual Practice)

Seifollah Ahadi; Ali Mohammadian

Volume 2, Issue 3 , February 2022, Pages 7-34

https://doi.org/10.30513/jwd.2022.1415

Abstract

The jurisprudence of ‘Ibadah (worship, religious ritual practice), which is mainly related to man’s relationship with God, contains a large part of jurisprudential issues ... Read More

A Review on the Reasons for the Legitimacy of the Temporary Endowment (Waqf)

Ali Akbar Torabi Shahrezaei

Volume 2, Issue 3 , February 2022, Pages 35-56

https://doi.org/10.30513/jwd.2022.1570

Abstract

he eternity of Waqf is one of the conditions that the great (grand) jurists have stated for the validity (authenticity) of Waqf. This condition makes it hard for some good people ... Read More he eternity of Waqf is one of the conditions that the great (grand) jurists have stated for the validity (authenticity) of Waqf. This condition makes it hard for some good people to either not be able to do so or to give up their possessions forever in a way; so that they are not even transferred to their descendants; but if a solution can be offered, many may be devoted to these matters such as temporary endowment or endowment for a profession and endowment for an industry or endowment of money or endowment for spiritual privileges and the like, and spiritual rewards and rewards of the hereafter will be given to donors (al-wāqifīn, founders) by solving many problems of society. We believe that a new and analytical study of the arguments existed in the Qur'an and Sunnah on the subject of Waqf can rule to the validity of such Waqfs (awqāf, endowments) by believing in the active ijtihād and the responsiveness of Islam, because there are eight reasons for the eternal condition of Waqf, none of which has the power to prove this condition and in contrast to the generalities that indicate the validity of contracts, and in particular, the generality of al-wuqūf bi-ḥsab mā yuwaffiquhā ahluhā (Arabic:الوقوفُ بِحَسَبِ ما یُوقِفُها أَهْلُها, i.e. in accordance with what the endowment has determined and act in accordance with his endowment must be in endowments and in other words; any condition or characteristic set by the donor in the Waqf must be observed) which is stated in ṣaḥīḥ (Arabic: صحیح, authentic, true) Saffār, indicates that the temporary endowment is valid and at that time, donor (wāqifī) does not have the right to take possession of the endowment (Waqf) for sale (Arabic: بَیْع, Bayʿ), gift (Arabic: هبة, Hiba), compromise (Arabic: صُلْح), and any contract that he or she wants to transfer from his/her property, although some scholars are skeptical about this and allow the transfer in an unprofitable manner until the end of the endowment. In other words, temporary endowment in all its rulings is like the interrupted endowment for others that during the life of the endowment beneficiary person that donor (wāqif) does not have the right for transferring acts (Arabic: تصرفات ناقلة) and contrary (inconsistent) to the endowment beneficiary person’s right, but after their passing (death), the endowed property removes the state of endowment and transfers to the donor (wāqif)’s property if he is alive and transfers to his heirs in the event of his death.

Jurisprudential Study of Iḥtilām (i.e. Discharge of Semen during Sleep, Sleep Orgasm, Arabic: احْتِلام)’s Presumption (Indication or Sign) for Women’s Puberty (Bulūgh, Arabic: بلوغ)

Sayed Ruhollah Seif; mahdim azadparvar

Volume 2, Issue 3 , February 2022, Pages 57-80

https://doi.org/10.30513/jwd.2022.1453

Abstract

the issue of puberty, because in most of the jurisprudence is the subject of ruling, is one of the important issues that, in addition to its conditioning for impositions (takālīf) ... Read More

Feasibility Study of Acceptance of Women’s Veiling as A Jurisprudential Rule

Sayyid Jafar Alavi

Volume 2, Issue 3 , February 2022, Pages 81-102

https://doi.org/10.30513/jwd.2022.1562

Abstract

women’s social relationships and the quality of their presence in society are widely used topics in different times, especially in the present era. The knowledge of jurisprudence ... Read More women’s social relationships and the quality of their presence in society are widely used topics in different times, especially in the present era. The knowledge of jurisprudence is also widely addressed and it is obvious that in the Islamic system, the jurisprudential view of this issue is an inevitable necessity. This issue can be clearly used by reviewing jurisprudential books that the fatwās of many famous Imami jurists observes the maximum abstinence of women from attending to non-maḥrams. This issue by reviewing jurisprudential books can be clearly used that the fatwas of many famous Imami jurists are aimed at the maximum avoidance of women from appearing in front of non-maḥrams (i.e. the opposite sex that one is allowed to marry, Arabic: غیر المحارم). However, in jurisprudential sources, there is no rule in this regard. This article uses descriptive-analytical method to look for answers to two questions: 1- Is it possible to obtain a jurisprudential rule in this field from jurisprudential books, especially the precious book Jawāhir al-kalām (Original title: جَواهِر الکَلام فی شَرح شَرائِع الإسلام, Jawāhir al-kalām fī sharḥ sharāʾiʿ al-ʾislām)? 2- How acceptable is this possible rule? The author concludes that the presence of a woman in front of a non-maḥram is ḥarām (forbidden or unlawful) if it is one of the causes of seduction and sin (one of the most important or [about to happen, imminent] means of seduction), and her veiling is obligatory (wājib); however, if this presence is one of the remote causes of seduction and sin, it is not ḥarām, but it is makrūh (abominated), in a way that does not lead to the possibility of occurrence in ḥarām. Therefore, a rule such as: [The most abstinence of a woman from appearing in front of a non-maḥram is a preponderant and desirable thing in the eyes of the Holy Legislator] can be obtained and defended both from the words of the jurists and from jurisprudential sources. Paying attention to this rule can be effective in inferring jurisprudential rulings in different chapters.

A Study of Variant Readings (Arabic: Ikhtilāf fī al-qirā''''āt) of the Verse (Appoint for yourselves a place of prayer on the standing-place of Ibrāhīm, Arabic: وَاتَّخِذُوا مِنْ مَقَامِ إِبْرَاهِیمَ مُصَلَّی) and Its Jurisprudential Results

seyed mohsen musavi; seyedeh ghadirinezhad

Volume 2, Issue 3 , February 2022, Pages 103-120

https://doi.org/10.30513/jwd.2021.1466

Abstract

Considering the fact that the Holy Qur''an is the first and most reliable source of Islamic laws and the order to perform (ʾIqāmah) Ṣalāt al-Ṭawāf (Arabic: صلاة الطواف, ... Read More Considering the fact that the Holy Qur''an is the first and most reliable source of Islamic laws and the order to perform (ʾIqāmah) Ṣalāt al-Ṭawāf (Arabic: صلاة الطواف, tawaf prayer) is one of the main pillars (elements, arkan) of the rites of al-''Umrah (Arabic: عُمْرَة, lit. to visit a populated place) and Ḥajj al-Tamattuʿ (Arabic: حَجّ التَمَتُّع) from verse 125 of Surah Al-Baqarah (Arabic: الْبَقَرَة, al-Baqarah; lit. The Heifer or the Cow). Therefore, it is necessary according to the rule of Sharia and intellect (reason) to discover the correct reading among different readings of the verse and as a result of deduced ruling from it in order to be reprehensible for following non-knowledge. The present study, with a descriptive-analytical approach, while explaining the approach of Quran scholars and jurists in jurisprudential rulings, uses various readings (qirā''āt) to analyze the validity of readings (recitations) by the help of the appearance of the verse and the context of the verses, and as a result, inferring the religious ruling (deducing the Shari''iruling). The findings of this study indicate that referring to indications such as Ḥadiths of Ahl al-Bayt peace be upon them (Arabic: People of the House, the family of the Prophet), the context of the verses, techniques of Arabic literature, etc. are felt more than ever before in cases where the difference in reading (Arabic: اخْتلافُ القِرائات, Ikhtilāf fī al-qirā''āt) leads to differences in meaning and as a result, the ruling inferred from the verse. In this regard, the unpopular (non-famous) reading (qirā''at) of the verse (Appoint for yourselves a place of prayer on the standing-place of Ibrāhīm, Arabic: وَاتَّخِذُوا مِنْ مَقَامِ إِبْرَاهِیمَ مُصَلًّى) is less proportional to the verses contrary to what has been claimed, and is naturally less valid for extracting jurisprudential rulings.

Critical Evaluation of the Documents and Evidence of Ijmāʿ, (Consensus, Arabic: اجماع) on the Prohibition of Voluntary Interruption of Obligatory (Compulsory) Prayers

Hamid Moazzeni Bistgani

Volume 2, Issue 3 , February 2022, Pages 127-142

https://doi.org/10.30513/jwd.2022.1560

Abstract

voluntary interruption of obligatory (compulsory) prayers according to the well-known view of the jurists -rather their Ijmāʿ (consensus)- is forbidden. Sometimes ṣalāt (prayer) ... Read More

Examining the Ruling on the Use of Surma (Arabic: کُحْل, Romanized: Kuḥl) by a Person in Iḥrām (Maccah Pilgrim Who Is in a State of Ritual Consecration, Arabic: مُحْرِم) in Imami Jurisprudence

Muhammad Mahdi Yazdani Kamarzard; Hamid Reza Asdaqi

Volume 2, Issue 3 , February 2022, Pages 143-166

https://doi.org/10.30513/jwd.2022.1416

Abstract

ajj (Arabic: حَجّ Ḥajj or pilgrimage) hceremonies have special rules and regulations. It is forbidden to do things in this ceremony, one of which is Surma (Arabic: کُحْل, ... Read More

Articles in Press

Current Issue

Volume 6 (2025)

Volume 5 (2024)

Volume 4 (2023)

Volume 3 (2022)

Volume 2 (2021)

Volume 1 (2020)

Volume & Issue: Volume 2, Issue 3, February 2022, Pages 1-186

The Rule of Negation of Distress and Constriction (Arabic: قاعدة نفی عُسْر وحَرَج) and Analysis of the Cases Cited in the Jurisprudence of ‘Ibadah (Religious Ritual Practice)

Abstract

A Review on the Reasons for the Legitimacy of the Temporary Endowment (Waqf)

Abstract

Jurisprudential Study of Iḥtilām (i.e. Discharge of Semen during Sleep, Sleep Orgasm, Arabic: احْتِلام)’s Presumption (Indication or Sign) for Women’s Puberty (Bulūgh, Arabic: بلوغ)

Abstract

Feasibility Study of Acceptance of Women’s Veiling as A Jurisprudential Rule

Abstract

A Study of Variant Readings (Arabic: Ikhtilāf fī al-qirā''''āt) of the Verse (Appoint for yourselves a place of prayer on the standing-place of Ibrāhīm, Arabic: وَاتَّخِذُوا مِنْ مَقَامِ إِبْرَاهِیمَ مُصَلَّی) and Its Jurisprudential Results

Abstract

Critical Evaluation of the Documents and Evidence of Ijmāʿ, (Consensus, Arabic: اجماع) on the Prohibition of Voluntary Interruption of Obligatory (Compulsory) Prayers

Abstract

Examining the Ruling on the Use of Surma (Arabic: کُحْل, Romanized: Kuḥl) by a Person in Iḥrām (Maccah Pilgrim Who Is in a State of Ritual Consecration, Arabic: مُحْرِم) in Imami Jurisprudence

Abstract