Journal of Jurisprudence Faculty

our present time، nearly all nations of the world suffer from the problem of prisons. Imprisonment has been adopted by modern laws as a punishment intended to deter criminals, achieve justice, and protect societies. However, upon closer examination, it becomes evident that this punishment fails to achieve its intended objectives. Crime rates continue to rise rather than decline, and the harm caused by imprisonment extends beyond the convicted individual to include the family, society, and even the state—economically, socially, and in terms of public health.
A closer look at the punishment system in Islamic Sharia، especially within Imami jurisprudence، shows that imprisonment is a last resort and is used only in specific cases. Instead، Sharia offers alternative methods that maintain social order, protect rights، and discipline offenders while reducing the chance they will repeat their crimes، causing minimal harm to their families and avoiding economic damage to the nation, the family, or even the offender.
This study seeks to present the instances of imprisonment in Imami jurisprudence alongside those in the Iraqi Penal Code, highlighting the significant findings before legal scholars and legislators. The research aims to draw attention to the dangers and harms of imprisonment, particularly as the country moves toward drafting a new penal code aligned with its political transformation and the 2005 Constitution، which established a democratic system that respects the majority and guarantees freedom of belief.

أولت الشريعة الإسلامية اهتماما خاصا بمجابهة الأمور التي تؤدي إلى تزلزل الدين والنظام الاجتماعي؛ من قبيل الإفساد في الأرض، والمحاربة، وكتب الضلال، و... وأقرت لها عقوبات مشددة.
ويعدّ وجود المخربين والمخلين والمتآمرين من الأمور التي تزلزل الدين وتهدده، مع أنّ حكم هؤلاء قد ورد صريحا في آيات القرآن الكريم؛ إلا أنها لم تبحث مستقلة في المباحث الاجتهادية كأحد المصاديق المهمة للأحكام الفقهية للنظام الاجتماعي والحكومي. عمدنا في هذا البحث، المعد وفق المنهج الوصفي التحليلي، إلى دراسة مفاد آيات القرآن الكريم التي تناولت هذه الجرائم، وقمنا بتحليلها والتدقيق فيها من جانبي الموضوع والحكم (الحكم التكليفي والحكم الوضعي)، علما أنّ هذا البحث غير مطروق سابقا، وقد وصلنا إلى النتائج التالية: تعدّ من مصاديق الإرجاف جميع أنواع التآمر أو الإخلال المقصودة والعمدية (قولا أو فعلا) سواء كانت منظمة أو فردية، والتي تستهدف الأمن والاستقرار الاجتماعي والحكومة الإسلامية، ويكون لها قابلية إيجاد الاضطراب في المجتمع وضعضعة أسس الحكم الإسلامي، والقائمون عليها يصدق عليهم أنهم مرجفون، ومضافا إلى الحرمة التكليفية لهذا العمل؛ يطبّق على مرتكبيه الحكم الشرعي الوارد في الآية الكريمة باعتباره حدًا شرعيًا.

This research addresses the topic of Islamic legal rulings (hukm shar'i), which has received only limited attention in jurisprudential and legal theory studies, despite its importance in the process of legal deduction. The subject of Islamic legal rulings is divided into three categories: First, purely objective matters: These are external, objective matters not subject to legal, customary, or linguistic considerations; rather, they are related to God Almighty as the Creator, not as the Lawgiver. Second, legally derived matters: These are matters whose knowledge depends on the Lawgiver's pronouncements, such as prayer, fasting, and the like. Defining the general subject in these two categories is the responsibility of the jurist, while determining the external instance is the responsibility of the individual obligated to follow Islamic law.
Third, customary and linguistic derived matters: These are of two types: 1- Matters that are customary and have been endorsed by the Lawgiver, with modifications to some of their limits and conditions to align with Islamic law. This is prevalent in all transactions, such as buying and selling, leasing, and the like. The ruling for this category is the same as for the previous two. 2- The subject matter must be customary or linguistic, and its general title appears in the legal texts without any specification of that general subject matter, such as the terms "good things" and "bad things," "righteousness" and "benevolence," "singing" and "homeland," "land" and "treasure." There are two opinions regarding this category. The first is that defining it is the responsibility of the jurist; thus, following a legal opinion (taqlid) is permissible in this case—while acknowledging that these subjects in themselves are not subject to following a legal opinion, but rather become subject to following based on the rulings related to them—while the application is the responsibility of the individual. The second opinion is that defining it is not the responsibility of the jurist; therefore, following a legal opinion is not permissible in this case. According to this opinion, the ruling for this category differs from all the previous categories.

The derivation of legal rulings depends on fundamental principles, including the issue of validity and generality. Scholars have differed on this matter and its implications. Therefore, I have examined this issue to understand the true nature of this disagreement in two sections. In the first section, I addressed the meaning of validity and invalidity, clarifying that validity has only one meaning: completeness of its parts and conditions. Invalidity encompasses anything else. Other interpretations are based on differing scholarly objectives. The jurist's objective differs from that of the theologian, hence each defines validity differently according to their purpose. Furthermore, the terms used for acts of worship are specifically for valid acts, not for anything broader than validity or invalidity. In the second section, I addressed the conception of a commonality and the outcome of the dispute. I demonstrated that all attempts to define a commonality in both opinions are incorrect because they rely on an external commonality between individual instances. The correct view is that the commonality between externally distinct instances is conceptual. As for the outcome of the dispute—namely, the validity of the general principle of permissibility for the individual in the general case, while the valid principle of precaution applies to the general principle of permissibility—this is incorrect. The principle of precaution applies to both opinions, and therefore, the dispute has no practical consequence.

This field study aims to analyze the impact of Islamic leadership on job performance, considering the role of organizational commitment. It seeks to answer the following question: How can organizational commitment in institutions, resulting from Islamic leadership, affect the relationship between this leadership and job performance?
The study population consisted of 240 managers and experts working in Kerman Province, Iran. Due to the small sample size, questionnaires were distributed to all participants (a census approach).
This study employed a descriptive-correlational design and an applied methodology. Data was collected through a survey using questionnaires, and the data were then analyzed using descriptive and inferential methods. At the descriptive level, statistical indicators such as frequency distribution, arithmetic mean, and standard deviation were used to describe the characteristics of the population. At the conclusion level, Structural Equation Modeling (SEM) was applied to test the hypotheses using SmartPLS software.
The results showed a statistically significant positive relationship between Islamic leadership and both job performance and organizational commitment (t = 7.41). They also demonstrated the mediating role of organizational commitment in the impact of Islamic leadership on job performance (t = 32.33), as well as a relationship between organizational commitment and job performance (t = 3.16).

This research proposes the project of “Folding Poetics” as an attempt to re-found poetic theory in light of the contributions of Gilles Deleuze’s ontology. It proceeds from the diagnosis that contemporary texts—routinely labeled “postmodern” despite the absence of stable criteria—require a unifying theoretical frame capacious enough to read them without flattening their heterogeneity. On the premise—historically grounded—that art, and literature in particular, has been bound to ontology, the study locates in **the ontology of the fold a conceptual home for such texts: a framework premised on )difference, multiplicity, and becoming(. Accordingly, the approach moves beyond stylistic description or formal analysis toward an open philosophical horizon that treats poetics as a living practice, mimetic of the world’s own processes of becoming, with meta poetic passages by “Adonis” and “Mahmoud Darwish” serving as focal case studies.
Building on this basis, the article argues that Poetics of the Fold—understood as a general frame—can recompose dispersed concepts in modern and contemporary poetics (from structuralism to postmodernism), such as defamiliarization, gap/void, intertextuality, death of the author, and fragmentation, by reinterpreting them within its own philosophical space. A comparative probe of deconstruction and the fold shows convergence in rejecting centrality and fixity; yet whereas deconstruction is governed by strategies of undoing and deferral, the fold exceeds it with a generative, productive orientation that makes the poem a dynamic field open to inexhaustible possibilities.
The study concludes that, despite rejecting closed systems and metaphysical totalization, Folding Poetics proposes a comprehensive framework in the creative sense: one capable of hosting and reactivating the poetic and critical archive within an open movement that renders the poem a site of plurality, difference, and continuous invention.

The restriction represents one of the shares of semantic methods in Arabic texts in general and in the Qur’anic text in particular. It highlights multiple aspects through its use of the tools it refers to, such as its reference to the specification of the object, so it is presented before the agent, or the specification of the predicate, so it is presented before the subject, or it highlights the image of emphasis through exception and negation. All of this is what the specialized Arabic blogs that were concerned with studying the various restriction methods indicated, but in this study the researcher tries to shed light on the successive restriction in the Holy Qur’an, or what can be termed “the successive restriction in the Qur’anic text”, so what is the benefit of the succession of restriction in one verse, whether the repetition is from the same method, so the restriction is similar, or different, so the restriction is intertwined, and the researcher reached a conclusion that the repeated restriction in the Qur’anic text has great semantic.

The Holy Quran is the miraculous book of God، which came at the highest level of eloquence and rhetoric. It rendered the Arabs incapable of fully comprehending its eloquence and rhetoric، and challenged them to produce anything like it. Therefore، it is no wonder that scholars are drawn to it and interested in it، and that a research movement has arisen around it encompassing almost all fields of knowledge. This research examines one of the books written in service of the Holy Quran، specifically in the field of explaining its rare words and interpreting it. It attempts to trace the reasons that clarify the Quranic expression and the reasons for preferring one form over another، or choosing one word over another، in the book "Rare Words of the Quran and its Interpretation." This is an attempt to demonstrate the magnificence of the Quranic language، to appreciate the brilliance of Arabic scholars in this field، and the effort they exerted to fathom the Quranic meaning، as well as their exceptional ability in verification، investigation، and understanding the subtle differences in the use of one word over another and one form over another.

This research examines the interrogative particles in Al-Sahifa Al-Sajjadiyya because of their profound meanings and implications. I chose Al-Sahifa Al-Sajjadiyya because it is considered one of the most important divine texts, which has been called the Gospel of the People of the House and the Psalms of the Family of Muhammad (peace be upon them all). It has been said about it that it is the sister of the Qur'an. This research aims to show the value of the interrogative particles in Al-Sahifa Al-Sajjadiyya and to reveal the rhetorical purposes of the interrogative and its implications according to the context in which it appears. The research relied on the stylistic approach followed for the occurrences of the interrogative particles, especially the syntactic, rhetorical and semantic levels. The most important results that the research reached are that the most frequently occurring interrogative particles are (hal), which appeared (eighteen) times, and it appeared with the meaning of (ma), and less frequently than it is (al-hamza), which appeared three times and it appeared with the meaning of (affirmation and denial). After we found that these letters were numerous and distinguished in the blessed supplications, in addition to mentioning the meanings of these letters from the books of letters of meanings, we found their use in the Sahifa al-Sajjadiyya, and all the purposes of the two interrogative letters have gone out from their real meanings to many rhetorical meanings and connotations.

Shaykh al-Najashi (d. 450 AH) is considered one of the most important scholars of biographical evaluation among the Imamiyyah. His book، *Fihrist Musannifi al-Shi'a*، known as *al-Rijal*، is one of the most important biographical works for later Imamiyyah scholars، from the sixth century AH onwards، and even for non-Imamiyyah scholars such as Ibn Hajar al-Asqalani (d. 85 AH)، who relied heavily on it in his book *Lisan al-Mizan*.

This book contains a considerable number of narrators whom Shaykh al-Najashi deemed weak for reasons related either to respecting their personal integrity or their scholarly reliability. Shaykh al-Najashi sometimes presented his assessment of weakness without explaining the reason، and at other times with it. Furthermore، he sometimes transmitted the assessment of weakness without endorsing it himself.

This research concludes that the majority of Shaykh al-Najashi's assessments of weakness were based either on the narrator's adherence to a corrupt doctrine or on their weak methodology in transmitting hadith.

This study aims to investigate the term "Thiqah" (trustworthiness) in Imami biographical evaluation, analyzing its semantic transformation from general linguistic and ethical meaning to technical usage in the science of rijal. It traces its use by early and later hadith scholars, particularly Allamah Al-Hilli and Sayyid Al-Khoei. The study follows an analytical-descriptive methodology, examining linguistic, jurisprudential, and biographical sources, analyzing the contexts of usage of the term, comparing old and modern schools, and studying private and general authentication as well as the grades of criticism and appraisal. Key Findings: "Thiqah" evolved from a general ethical description to a technical term in authentication and transmission. Early hadith scholars used it to determine narrators’ reliability without linking it consistently to doctrinal justice. Private and general authentication became a systematic method for evaluating narrators. Al-Hilli applied an analytical-critical approach in Khilasat al-Qawl, combining and scrutinizing earlier opinions. , Al-Khoei expanded the concept, emphasizing isnad reliability independent of doctrinal affiliation and comparative criticism. Terms like “Thiqah,” “Thiqah Thiqah,” and “Thabat” denote the highest levels of authentication. Trustworthiness in rijal science signifies precision and truthfulness in narration, not necessarily doctrinal justice.

This research examines the role of Qur'anic interpretation in guiding the ethical and social understanding of verses related to benevolence, patience, and cooperation, as manifested in the thought of the late scholar Sayyid Muhammad Hussein Fadlallah (may God have mercy on him). The research explores how Sayyid Fadlallah (may God have mercy on him) relied on the interpretive method to understand these concepts not merely as linguistic meanings or legal rulings, but as a profound value system that contributes to the development of the individual and society. Furthermore, the research highlights how interpretation contributed to reshaping the relationship between humanity and Qur'anic texts in their ethical and spiritual dimensions. The research is divided into a main section comprising three subsections, each focusing on a specific Qur'anic concept, along with an analysis of the texts and their implications through interpretation.
Research Question: How did Qur'anic interpretation, in the thought of Sayyid Muhammad Hussein Fadlallah (may God have mercy on him), contribute to understanding the verses on benevolence, patience, and cooperation in a way that reflects their ethical and social dimensions? Research Methodology: The researcher employed the interpretive analytical method to analyze and understand Qur'anic texts within the value-based framework adopted by Sayyid Fadlallah (may God have mercy on him), as well as the inductive method.
Research Findings: The research revealed the centrality of interpretation in the thought of Sayyid Fadlallah (may God have mercy on him) as a tool for understanding Qur'anic values. It demonstrated how he (may God have mercy on him) proved that benevolence, patience, and cooperation are not superficial concepts but rather integrated ethical systems in light of interpretation. The research highlighted the relationship between interpretation and the development of individual and collective consciousness, presented Qur'anic values in a contemporary, civilized, and humanistic form, and discussed interpretation as a means of dynamic interaction with the Qur'an to extract renewed meanings.

The current research aims to identify the role of reading the Holy Quran in the psychological health of the faculty members of the Open Educational College in the Najaf Center, and to identify the statistically significant differences in the role of reading the Holy Quran in the psychological health of the faculty members of the Open Educational College in the Najaf Center according to the gender variable (male, female). The total size of the current community was (110) male and female faculty members of the Open College of Education (Najaf Center). The primary sample for the application was (86) male and female faculty members who were tested using a simple random method. The Al-Duwairat (1997) mental health scale was applied to them after it was re-adapted to the sample. It consists of (40) paragraphs, each with (5) alternatives. The psychometric properties of the scale were calculated for validity and reliability. The results showed that the research sample had a high level of mental health due to reading the Qur’an. There were no statistically significant differences in the level of mental health of the research sample according to the gender variable. In light of the research results, the researcher made a number of recommendations and proposals.