Journal of Jurisprudence Faculty

Intellectual terrorism leading to crime is a complex issue that requires comprehensive treatment, including improving criminal legislation in many countries. Some countries suffer from a lack of laws that combat the phenomenon of extremism that may lead to terrorism. Criminal laws criminalize violence and criminalize terrorist activities effectively, which hinders efforts to combat extremism in itself. It is necessary to strengthen the legal framework and develop effective mechanisms to monitor and confront extremism, along with enhancing community awareness and teaching the values of tolerance. Through international commitment and effective cooperation, we can build a safer society and reduce the risks of violent extremism.
Intellectual terrorism has recently become a widespread phenomenon in various countries of the world, especially in societies that are influenced by some deviant ideas that extremists have made false by claiming that they are inspired by the Islamic religion, as extremism in the view of the principles of Islamic law is a fundamental reason for the spread of the phenomenon of intellectual terrorism.
The phenomenon of intellectual terrorism has taken various forms, although there is no definition for this phenomenon. These extremist groups have appeared in several regions and countries. It was not limited to a specific group or belief, but rather appeared in different forms. In Iraq, terrorist groups appeared, such as (the terrorist organization Al-Qaeda) and (the Islamic State in Iraq and the Levant). These groups were committing the most heinous crimes against innocent and defenseless people. It was the most prominent phenomenon at the present time, and it is the clear image of violent extremism due to the religious and cultural fanaticism that these groups advocate. It had negative effects that greatly affected the lives of peoples, through its seizure of lands and its use of social media with very advanced and sophisticated technology. It conveyed its ideas and achievements instantly and quickly to all parts of the world, as it violated the values of Islam, peace, and dignity that humanity shares. Violent extremism has exacerbated the phenomenon of crime by spreading terror in people\'s lives, which has caused them to migrate from the areas where the crimes of these terrorist groups occurred in search of safety, which was met by migration towards these areas under the temptation of participating with terrorist groups, as foreign terrorist fighters, which increased the destabilization of the controlled areas. There is no justification for violent extremism, as the emergence of extremism cannot have arisen from a vacuum. Speeches of injustice and grievance, whether real or imaginary, and promises of comprehensive change, found receptive ears in the areas where these groups appeared. The crimes of these extremist terrorist groups in these areas have led to the collapse of the infrastructure in the cities where they have spread and poor living conditions in them from an economic perspective such as unemployment, poverty, and the spread of behaviors among some members of society that contradict what is familiar in the lives of these peoples. This matter was not limited to society only, but extremist ideas have spread even inside the prisons where these terrorist groups are present by spreading the culture of extremism and religious fanaticism that is not based on the rulings of Islamic law.

The modern era is witnessing significant developments in various fields, calling for a jurisprudential renewal that is compatible with contemporary developments while preserving the fundamentals of Islamic law. Jurisprudential renewal refers to reconsidering Islamic jurisprudence to provide appropriate solutions to contemporary problems, while adhering to the evidence and general rules of Islamic law. Therefore, it is a legal and contemporary necessity, but it requires a balanced methodology that respects the fundamentals and accommodates new developments. This renewal must be collective and rely on reliable academic institutions to ensure it keeps pace with developments without compromising the fundamentals of the religion

In recent times, some Arab and Islamic nations have normalized relations with the Zionist entity across various domains, including political, economic, social, cultural, and religious spheres. This involves restoring and regularizing relations, which necessitates clarifying the Islamic legal (Shari'i) stance on this phenomenon, based on available jurisprudential evidence. Hence, this article aims to elucidate the Islamic legal position on normalization with the Zionist entity, specifically by examining the Treaty of Hudaybiyyah. This treaty is often considered a cornerstone argument and a primary pillar for those who advocate for the permissibility of normalization. Our research delves into the narrative of the treaty, the arguments derived from it, and the counter-arguments and critical perspectives that arise. One of the study's objectives was to demonstrate the weakness of the narrative used to justify normalization with the Zionist entity, thereby supporting the Palestinian cause, which is considered the central issue for all Muslims. We employed a descriptive-analytical methodology in our research. The study concluded that those who permit normalization with the occupying entity rely on justifications that are weak from a scholarly jurisprudential perspective, often at the expense of established Islamic legal principles, with the Treaty of Hudaybiyyah being their primary reliance.

One of the most important contemporary financial transactions is the bank deposit, which is a contract between the customer and the bank. According to this contract, the depositor deposits an amount of money with the bank for a specific period or without specifying a specific period. In return, the bank is obligated to return this amount upon the depositor’s request, or at the end of the specified period, with the possibility of paying certain interest and profits depending on the type of deposit.

One of the most distinguished features of the social system in Islam is its profound emphasis on the family unit, with particular attention given to the spouses, upon whom the Divine Law has conferred special care. This emphasis is clearly reflected in the precise articulation of their mutual rights and obligations, as established by the Almighty’s statement: “And for them is [a right] similar to what is upon them, according to what is just”)Surah Al-Baqarah, 2:228(.
In accordance with this noble verse, the husband is religiously obligated to provide for his wife and to fulfill all her lawful needs. Ja‘fari jurisprudence affirms the wife’s right to maintenance, regardless of her financial standing, whether she is wealthy or in need. This financial obligation is binding upon the husband and remains so unless discharged through payment or willingly waived by the wife.
The research further investigates the conditions, classifications, and criteria for determining maintenance — in terms of its nature, quantity, and quality — by examining the authoritative positions of Ja‘fari jurists, supported by textual and rational evidence, and favoring the opinion upheld by the strongest proofs.
Moreover, the study addresses the juristic perspectives concerning cases of non-fulfillment of maintenance, whether the husband is financially capable or constrained, while presenting the supporting arguments in a clear and concise manner.

Hajj for a boy is a crucial issue in the Hajj debate. In this article، we address the views of both proponents and opponents of this issue، reviewing the evidence relied upon by each side. We discuss the central question: Can a boy perform Hajj? And is this condition lifted or not? We also demonstrate that the legitimacy of Hajj for a boy is based on the hadiths related to this topic، which we have mentioned and analyzed throughout the research. The essential point we addressed is the issue of requiring the guardian's permission for the validity of a boy's Hajj. Many renowned jurists consider this a necessary condition، based on the fact that acts of worship are subject to divine decree and are restricted by the rulings of Islamic law. Therefore، when in doubt about the validity of an act of worship، one should adhere to what is certain، namely the guardian's permission for Hajj. On the other hand، some have argued that this permission is not necessary، arguing that the validity and legitimacy of Hajj for a boy are established by general evidence from texts، without the need for an additional condition. The second reason cited by those who argue for the necessity of guardian permission is that Hajj requires ownership of property، and a minor is not entitled to dispose of the property without his guardian's permission. However، the response to this is that Hajj can be financed by someone else، and therefore the minor is not obligated to own the property himself. Based on the above، it becomes clear that the evidence proving the requirement of guardian permission is not conclusive، which makes the view that a minor's Hajj without his guardian's permission is valid and has jurisprudential validity.

This work aims to identify what is meant by the four places، which are the Sacred Mosque، the Mosque of the Messenger،(peace be upon him and his family)، the Mosque of Kufa، and Al-Ha'ir Al-Hussaini،(peace be upon him).
These places are sacred to the Imamis owing to their sanctity. Except in these places، it is recognized that Imamis must shorten their prayers while traveling. The Imami scholars، contrary to other schools of thought، have ruled that a traveler may not complete their prayers except in these four places. On the other hand، non-Imami scholars hold that prayers are shortened in any travel، and some have stated that there is an option in Mecca and the Prophet's Mosque.
Unlike other scholars ، the Imamis believed that a traveler could only shorten the prayer in these four places. Non-Imamiis held that the prayer must shorten in all travel، and some have stated that there is an option in Mecca and the Prophet's Mosque. Therefore، this study is conducted to elucidate the ruling on the traveler's prayer in these preferred locations—the four places—by addressing the opinions of Imami jurists and clarifying the evidence they relied upon from the narrations of the infallibles، peace be upon them all، as well as explaining what is meant by Al-Ha'ir Al-Hussaini، the reason for its naming، its significance، and other matters that will be discussed in the research.

God has granted humans free will to choose between two paths: one of growth and purification, or one of ruin and loss. There are interconnected relationships between humans and their Lord, between individuals and their moral exemplars, and between humanity and the universe around them. To achieve true success and happiness, one must understand the defining principles of each relationship.
Since the Almighty has enshrined all truths in His silent Book (the written Quran) and entrusted its clarification to the living Quran (the Ahl al-Bayt, peace be upon them), it is essential to turn to their teachings (peace be upon them) to elucidate what is summarized and clarify what is ambiguous.
This research addresses several key objectives:
1. Drawing a comparative analysis between the foundations of sustainable development established by Imam Ali and Lady Fatimah (peace be upon them) and the principles adopted by the United Nations General Assembly in the 2030 Agenda for Sustainable Development (2015–2030).
2. Highlighting the civilizational advancement of Islam and its alignment with positive human progress—potentially revealing the Quran’s legislative and scientific miracles.

This study investigates the significance of contemplation of cosmic phenomena as a means of strengthening faith in Almighty God and fostering scientific knowledge and understanding. It presents the fundamental concepts related to contemplation, and highlights both the spiritual and scientific impacts it generates in light of Qur'anic verses.
The first section addresses the key terms— tafakkur (contemplation) and cosmic phenomena, while also discussing related concepts such as reflection, meditation, and reasoning.
The second section comprises two subsections: the first focuses on the spiritual impact of contemplating the universe, emphasizing that reflecting on the creation of the heavens and the earth, the human self, and other cosmic phenomena deepens faith and strengthens belief. This is supported with Qur'anic evidence and scholarly interpretations that connect cosmic reflection to belief in God.
The second subsection discusses the scientific impact of contemplation, particularly its role in the advancement of scientific disciplines through reflection and reasoning. It illustrates how contemplation guided Muslim scholars in laying the foundations of the scientific method, and cites testimonies from Western scientists acknowledging this connection.
Among the most significant findings of the research is that contemplation forms the foundation of Islamic civilization, realizes the integration of faith and science, and contributes to the betterment of both the individual and society.

In this research, we address the fact of sensory significance and the statement of the meaning of sense in language and terminology and exposure to Quranic resources that included the word (sense), and the meanings that it indicated in each of the resources, and to emphasize the importance of the senses as natural channels necessary for communication with the external surroundings as well as exposure to each of the properties and the statement of aspects of presenting each other.

In this research، derived from my dissertation titled \"The Linguistic Efforts of Ibn Idris al-Hilli in His Book, \"Al-Muntakhab min Tafsir al-Quran\" (Selected from the Interpretation of the Qur\'an and the Notes Extracted from al-Tibyan), I present morphological deviations in noun forms. Morphological deviations are distinguished by their ability to reveal new meanings resulting from the transformation of forms into forms other than the original. The importance of this topic lies in its connection to semantics in morphology. A difference in the form of a single word results in a difference in meaning, which reveals the aesthetic dimensions of Qur\'anic expression.