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Amir Vatani
The main objective of the present paper is to shed light on various kinds of abortion and their punishments as envisaged in the Penal Code of Iran and removal of some doubts about them as well as their jurisprudential foundations. According to Iranian Penal Code and Imamya jurisprudence abortion is unlawful from the time of inception. Even Article 622 of the Islamic Penal Code and Article 91 of the Islamic Punishments envisage some punishment for abortion.
The present article argues that on the basis of Islamic sources the punishment of retaliation (qisas) is not fair for purposeful abortion. Hence it is necessary to revise the Article 622 of the Penal Code. Particularly, retaliation for the purposeful abortion is against the social exigencies. In other words, the main objective of law and lawgiving is to maintain security, law and order and realize justice, but retaliation of purposeful abortion will serve to the contrary and will depict jurisprudence – which according to Imam Khomeini is an instruction for man's life from cradle to the grave – as a violent discipline.
Keywords: Jurisprudence, law, fetus, carriage, abortion, purposeful abortion, retaliation.
Jamal al-Bana
The present article argues that the Prophet of Islam did not execute anybody on the charge of apostasy. The rulings for execution had other reasons than heresy such as murder or waging of war. The reasons forwarded by the Sunni jurisprudents and writers to support the execution of an apostate are not valid with regard to their source and reason.
Keywords: Freedom of thought, freedom of belief, heresy, apostate, jurisprudent.
Zahra Fehresti
Relying on the Quranic verses, the author tries to introduce alms tax as a social duty in this article. The argument of the present paper is that alms tax is not merely an individual-ethical obligation rather it has been legislated by the Lawgiver to meet the demands of the Islamic society. The fact that only nine valuable items have been mentioned on which alms tax were levied in the early days of Islam indicates that there is no limitation and those items are but some examples of the valuable items. Hence, the Muslims on the basis of the exigencies can change the taxable items.
Also the imperfect and one-dimensional understanding of alms tax has led to the emergence of minimal approach to the collection of alms tax and due to the limitations mentioned this divine duty has been practically discarded.
A new approach to alms tax will provide the grounds for its collection in the modern age, for it will shed light on the method of its disbursement and distribution on a large scale as well as the role of government as a supervisor.
The present article also argues that those entitled to receive alms tax (the poor and destitute) are merely the needy and their lineage or race or other characteristics do not play any role in their entitlement.
Keywords: Alms tax, public budget, Islamic ruler, Islamic government.
Habibeh Mohammadi Rafi'
One of the questions normally posed by the people from different walks of life to the scholars and religious figures is: Why tendency towards religion has paled among the youth in today's society? What can be done to reverse the trend? The present article in the first place tries to shed light on the reasons behind the emergence of this issue. Some of these reasons are: distortion of the truth of religion and its gradual transformation to a fabricated category by fallible human beings (that is the principle of innovation). Attempts have been made to study the concept of innovation from Quranic, literal and lexicological points of view and also to identify the founders of innovation and the ways to fight them or treat them in order to neutralized their objectives. Reliance on religious texts has been the main method in order to support the argument of the paper.
Keywords: Innovation, innovator, lawgiving, tradition.
Yahya Fouzi
The present article is an endeavor to shed light on the intellectual foundations of the Islamist political groups in Iran between 1941 and 1979. In fact the elucidation of the intellectual stances and theoretical differences between these groups will prepare the grounds for understanding a number of intellectual challenges in the post-revolution Iran.
Although most of the said groups had some common goals such as struggle against the tyranny and colonialism and establishment of the Islamic government, at a deeper level of analysis, they had certain intellectual differences. With the victory of the Islamic revolution and emergence of a new environment, the grounds were prepared for unfolding of these differences.
The present study will be presented in two parts. Part I deals with the intellectual stances of such Islamist groups as Fadaiyan Islam (Devotees of Islam), Hizb-e Mellal-e Islami (Islamic Nations Party), Hei'at Mo'talefeh (Islamic Coalition Society), and Rohaniyat Mobarez (Combatant Clerics). Part II will deal with the intellectual stances of Nehzat Azadi (Freedom Movement of Iran) and Islamist-Socialist groups, particularly Sazeman-e Mujahedin-e Khalq (People's Mujahedin Organization).
Keywords: Political groups, Islamist, Islamic Revolution, Fadaiyan Islam (Devotees of Islam), Hizb-e Mellal-e Islami (Islamic Nations Party), Hei'at Mo'talefeh (Islamic Coalition Society), Rohaniyat Mobarez (Combatant Clerics), Nehzat Azadi (Freedom Movement of Iran) Sazeman-e Mujahedin-e Khalq (People's Mujahedin Organization).
Mohsen Khazali
The basis of operation of banking system is to gain interest and divide it among the depositors. Since the base of the banking activities in the Islamic Republic of Iran should be a non-usury basis, the present article is an attempt to study the transaction of money and the religious tricks to permit this transaction. Referring to Imam Khomeini's clear fatwa that the ways to evade usury are not permitted, the present paper concludes that some of the existing fatwas in his guide book must be corrected.
Keywords: Money, wealth, religious trick, transactional usury, loan usury.
D.Z. Philips
Tr.: Atiyeh Zandiyeh
D. Z. Philips maintains that the philosophical approach of Wittgenstein has left a serious impact on the philosophy of religion. In the present article, the second of his book on Wittgenstein and Religion, Philips has utilized the ontological argument of Anselm. He maintains that the argument has neither left any impact on his belief nor that of others rather it is a clarification for those who have already had a belief in God. Anselm in the said argument discusses the existence of God, His necessity, and whether being is perfection or not.
Wittgenstein maintains that such issues are out of preview of the application of our language and we deal with them when we are inclined towards sublimating the logic of our language. Giving eight examples, Philips clarifies how inclination towards sublimating the logic of language plays a role in our beliefs.
Keywords: Anselm argument, belief in the existence of God, necessity, perfection, language, grammar, sublimating.
Abdulhossein Hojjatzadeh
Imam Khomeini's viewpoint about democracy has been studied from various dimensions. The present article is an attempt to shed light on this issue from a different aspect, that is, in the field of politics in order to elaborate relations between democracy and religions as well as to assist the survival and continuation of the religious government.
In the first place the definitions, history, principles and elements of democracy have been discussed and then Imam's reading of the term democracy has been given. Also the elements of democracy in Imam's writings and in the Constitution of the Islamic Republic of Iran have been studied.
Keyword: Democracy, democratic, constitution, elections, rule of law.
Shahnaz Hosseini
The present article is an attempt to study the viewpoints of the religious scholars (ulema) about the verse 34 of Chapter Women of the holy Quran, for the viewpoints of the religious scholars about this verse are very controversial.
In the first place the definition of the Arabic word noshouz has been given and then the said verse is studied in order to prevent misinterpretations about punishment of women.
Keywords: Verse 34 chapter women, fulfilling the demand, intercourse, beating of women.
Good and Evil
Seyed Mohammad Moosavi Bojnourdi
The present article is an attempt to study the philosophical-theological problem of good and evil. In the first part of the article the necessity of investigation about good and evil has been discussed and then some solutions forwarded by Muslim philosophers have been elaborated upon. The author delves into the viewpoints of some Muslim philosophers such as Avicenna, Bahmanyar, Ghazzali, Mulla Sadra, Haj Mulla Hadi Sabzavari, Zonuzi, and others.
In the second part of the article attempts have been made to discuss the ideas of contemporary thinkers such as J. L. Makki and finally an answer has been put forth to contemporary philosopher of religion Alvin Plantiga.
Keywords: Good, evil, natural good, accidental good, natural evil, accidental evil, divine power, divine blessing, divine knowledge, divine justice, best order.
Asadullah Bayat
The present article is an attempt to study reason or wisdom from the viewpoint of Imam Ali (AS). Therefore the definition, quiddity, essence, and role of reason will be studied from the viewpoint of Imam Ali (AS). Attempts also has been made to study the status and role of reason as well as the signs of reason wisdom and intelligent. Some light will be shed on the relations between reason, religion, knowledge and understanding. What will follow will be the indexes of rationality, rationalism and other aspects of reason. The main hypothesis of this paper is that reason is the surest source of man's knowledge and the best means to verify right from wrong, true from false, good from evil, etc.
Attempts has been made to study the viewpoint of Imam about the role of reason and discuss the issues that are irrational - such as lust, ignorance and carnal self motives - in his viewpoint.
Keywords: Reason, rationality, quiddity, status.
1 Summer and Fall
2 Twenty –Third and Twenty-Forth
3 4 -
5 - Interview with Seyed Mohammad Moosavi Bojnourdi
6 - A study of hygienic, jurisprudential, and legal aspects of violence against women