concerning wudu (minor ablution), there are different views among the schools of islamic jurisprudence. it is to be confessed that the holy qur’an has explicitly talked about minor ablution. the disagreement, however, of the qaris (those who recite the qur’an) on how to recite the related verses, gave rise to different understandings and diverse legal fatwas on the issue. the verses of minor ab...

dividing the jurists into akhbārī (traditionist) and uṣūlī (legal theorist) is the most important division that dichotomizes the imāmī jurists into two groups. in jurisprudential and legal (uṣūlī) books, there are many instances of characterizing a jurist as akhbārī or uṣūlī, but what is important in this division is the criterion for this division. what is manifested in the first place as the ...

tanqīḥ al-manāṭ (refinement of the basis of the ruling) is the refining and elaborating of the reason and basis of a ruling of the redundant features along with decreeing and generalizing it to any case that enjoys a common feature. tanqīḥ al-manāṭ was brought up first by the sunnīs in the fifth/twelfth century and later on in the seventh/fortieth century was explicitly and formally raised amon...

Islam is a dynamic religion. The nature of dynamism apparent because it maintains rigid and flexible characteristics that make Islamic sharia always relevant throughout the ages practical for future. Allah SWT, All-Knowing, creates everything with its purpose. In ruling context, this purpose named maqasid. Maqasid becomes guide jurists (fuqaha) to establish ruling. Ibn ‘Asyur declared, “The jur...

one of the most important issues in the occultation age that has been discussed by islamic jurists is whether the implementation of hudod punishment is allowed during the occultation age of infallible imam or not. the jurists have different opinions about this issue that we could generally categorize such opinions into three groups. the majority of jurists believe in the permissibility of perfo...

subject of this article is the deprivation that relate to wives and their portion in patrimony of their husband. as most imamiah’s jurists state; wives are deprived from possessing some objects in the case of husband’s death. in the other hand, some jurists mentioned that wives are same as other and that deprivation is not acceptable. majority states that this statute belongs to a kind of wives...

one of the important discussions in islamic fiqh and usul (jurisprudence), is the issue of going farther verified religious text (nass), as well as the ways of discovering the reason of a commandment. it seems that this subject has not yet reached its proper place in shi’i fiqh. while imami jurists use some methods to go farther the commandment of the nass, including one named “discovering the ...

the issue of renunciation (i‘rāḍ) is not discussed separately among the jurists and is only implicitly referred to in some instances. it is also neglected in statutes; and most of legal experts, following the laws and like jurists, have not talked in detail on this issue. discussing the nature of renunciation, we seek here to elucidate a rather complicated issue, namely, the impact of renunciat...