The increased uses of electronic means in commercial activities give enough causation for lawyers’ attempt to protect legal rules. Although it seems that the new circumstances don’t have so many substantial differences with whatever was the base of decision making of legal authorities, some ambiguousness has appeared the need to legality of arguments in judges’ landscape and encouraged attempts of states to adopt the laws as essential matters of electronic commerce. The special nature of electronic relations – that potentially can be originative legal effects out of the borders – was another important reason for the involved states to make laws about it. United Nations Convention on the Use of Electronic Communications in International Contracts shall not be analyzed as legislation on substantial aspects of electronic contracts. Rather, it can be surveyed as a supplementary source for former conventions and guideline for resolving certain modern problems of Information Technology age. About Iranian Law, the paper especially examine the Iranian Electronic Commerce Act as a proof for concluding that the necessity of ratification of Convention by Iranian parliament was undeniable fact. Of course, the necessity of acceding to this Convention was duly recognized on September 20, 2023 by “The Act on the Approval of the United Nations Convention on the Use of Electronic Communications in International Contracts.
Hajj in Islamic teachings is a comprehensive and educational worship that, in addition to outward actions, has deep divine, moral and spiritual layers. Among these, the prayers of Hajj play an essential role in connecting the rituals with the inner essence of servitude and can reveal the truth of man, his existential needs and the path of his perfection. The main problem of this research is that the prayers of Hajj are meaningful based on what image of man and what divine and educational wisdoms can be extracted from them based on the foundations of Islamic anthropology. The aim of the article is to analyze the prayers of Hajj based on components such as existential poverty, monotheistic nature, free will and responsibility, returnability and the two-dimensionality of man. The research method is descriptive-analytical with a textual and inferential approach. The findings of the research show that the prayers of Hajj take the rituals beyond the level of outward behaviors and turn them into a process for correcting the insight, inclination, will and behavior of man. These prayers, by emphasizing monotheism, repentance, remembrance, piety, trust, forgiveness and divine proximity, guide the pilgrim from self-centeredness to God-centeredness, from negligence to awakening, and from the outward form of worship to the inner essence of servitude. Therefore, the prayers of Hajj can be considered as part of the comprehensive system of Islamic education, in the light of which man is placed on the path of self-recognition and proximity to God.
This study, entitled "The Application of the Principle of Benevolence toward Hostile Foreign Opponents of the Islamic State: A Jurisprudential Perspective," seeks to demonstrate that benevolence is not merely an ethical principle governing interpersonal relations, but also a juristic and governmental mechanism for regulating the external conduct of the Islamic state. The principal issue addressed in this study is to examine the permissibility and determine the scope and limits of applying the principle of benevolence toward hostile opponents, particularly where the apparent meaning of expressions such as «أَشِدَّاءُ عَلَى الْكُفَّارِ» ("firm against the disbelievers") may give rise to interpretations that preclude such application. The study adopts a descriptive-analytical approach based on library research. Through a conceptual reexamination of the notions of “Asl” (principle) and “Ihsan” (benevolence), an analysis of the general applicability of the Qur'anic verses «إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالإِحْسَانِ» ("Indeed, Allah commands justice and benevolence") and «وَأَحْسِنُوا...» ("And do good..."), together with the relevant traditions and an examination of the Prophetic and ‘Alawit practice, the study concludes that no general prohibition can be inferred against the exercise of benevolence, even toward hostile opponents. Rather, the expression «أَشِدَّاءُ» ("firm") denotes steadfastness and resistance to infiltration rather than the abandonment of benevolence. The Prophet's (PBUH) practice from the general amnesty granted at the Conquest of Mecca and the measures adopted for Ta'līf al-qulūb to his humane treatment of prisoners of war demonstrates that benevolence may serve as a legitimate and effective instrument for realizing the objectives of the Sharīʿah, including reducing hostility, winning hearts, and preventing greater corruption, provided that it is exercised within the framework of the interests of the Muslim community and does not contribute to strengthening the enemy. Accordingly, alongside justice and forgiveness, benevolence has the capacity to function as a strategic principle in the jurisprudence of the Islamic state's foreign policy and offers a model of "compassionate authority" that simultaneously upholds both ethical values and effective governance.
Objective: This study examines angelic embodiment (tamathul) and post-mortem states of the human soul (rajʿah and reincarnation) within Islamic theosophy, focusing on Ibn Arabi, Mulla Sadra, Imam Khomeini, and Allameh Tabatabai, to identify the most coherent intellectual model.Methods: The research proceeds in two stages: first, reconstructing the four thinkers' theoretical foundations analytically-descriptively; second, a systematic comparison of their models based on internal logical coherence, using insights from genetics and physics to explain metaphysical mechanisms of embodiment and identity continuity.Results: All four, reject reincarnation due to soul-body unity. They diverge on tamathul: Ibn Arabi posits angelic embodiment as its transformation into an elemental body; Mulla Sadra describes it as a self-generated form by the angel; Imam Khomeini advocates a subtle malakūtī embodiment; and Tabatabai views it as angelic manifestation in the subjective sphere. Ibn Arabi inconsistently accepts angelic embodiment while denying rajʿah. Integrating genetic individuality with Sadrian ontology supports rajʿah and refutes reincarnation.Conclusion: Imam Khomeini’s framework exhibits the highest degree of coherence, as it resolves the tensions and ambiguities present in the other theories.
Public freedoms, as one of the most fundamental human rights, play a pivotal role in determining the limits of state power and guaranteeing human dignity. In the constitutional history of Afghanistan, from the first constitution of 1922 to the constitution of 2003, the concept and scope of public freedoms have always undergone transformation in the interaction between Islamic Sharia, political structure and social exigencies. This research, with a descriptive-analytical approach and documentary method, examines the evolution and development of public freedoms in the constitutions of Afghanistan and, relying on Islamic jurisprudential sources and legal texts, analyzes how these freedoms have been reflected and restricted in different periods. The findings of the research show that public freedoms in Afghanistan have always fluctuated between two poles of "political authority" and "religious legitimacy." In the early laws, freedoms were more symbolic and subject to the interests of the monarchy and public order; in the ideological periods (1980-1990), freedoms were placed in the service of the party system and the centralized state; and from the 1990s onwards, the return to the foundations of Islamic jurisprudence led to the gradual revival of the concept of legitimate freedom. The constitution of 2003 represents the peak of this trend, because in it freedom has been recognized as a "natural human right" within the framework of the rulings of Islam. The result of the research indicates that Islamic jurisprudence, with its emphasis on the principles of human dignity, justice and public interest, has a wide capacity to support public freedoms in Islamic systems. The continuation of this approach can serve as a basis for drafting the future constitution of Afghanistan based on a balance between civil freedom and social responsibility.
