Note: Judicial Practical Principles face numerous questions, one of the most important of which is how they flow in the context of Judgement which seeks to discover the right and reality; whereas these principles are fundamentally not in the position of …
Note: For a long time, religious intellectuals and modernists have supported a minimalist approach to jurisprudence and its non-intervention in all spheres of human life. However, the minimalist approach to jurisprudence is not exclusive to intellectuals and modernists and has a …
Note: Judicial Practical Principles are widely used in Shiite jurisprudence; but is it the same in Sunni jurisprudence? Hujjat al-Islam wal-Muslimeen Morteza Torabi believes that since Sunni jurisprudence fundamentally does not accept the division of evidences into Indications (Amarat) and Practical …
Note: Stem cell therapy, due to its novelty, holds many unknown dimensions even for physicians and specialists in this treatment method. Regarding this treatment method, there are both many unsaid points and incorrect exaggerations, the veracity or falsity of which must …
Note: The conflict between the Appearance and the Principle, although identifiable throughout the science of jurisprudence, gains double importance in the chapter of Judgement (Qaza). In Judgement, both the principle of the precedence of the Principle over the Appearance or vice …
Note: Polygamy has had proponents and opponents for centuries. Proponents point to widowed women for whom no possibility of another marriage exists other than becoming a second wife, and who would cause significant social harms if they remained unmarried; opponents, meanwhile, …
Note: The Principle of Exemption (Asl-e Bara’ah) has many applications in the jurisprudence of adjudication (Fiqh-e Qaza). But is this principle the same as the principle of primary permissibility in objects, or does it differ from it? Hujjat al-Islam wal-Muslimeen Dr. …
Note: Human equality, at first glance, is considered among the natural and inherent rights of human beings; its self-evidence is such that it seems to require no argument for proof. In contrast, however, Islamic thinkers propose the issue of justice …
Note: Even if one cannot consider the most important application of practical principles to be in penal jurisprudence, certainly one of the most frequent applications of these principles is in this chapter of jurisprudence. Although there has been much discussion …
Note: Many environmental activists believe that a significant portion of natural resource degradation stems from mismanagement by the governing authority. Consequently, it can be argued that the governance of natural resources is a pivotal factor in preventing their depletion. In this …