Educational jurisprudence

Document Type : Original Article

Author

Department of Theology and Islamic Studies, Shahid Chamran Rah Campus, Farhangian University, Tehran, Iran.

10.22034/mft.2023.16994.1302

Abstract

One of the important functions and roles of the prophets is to be a teacher and teach the revealed teachings to the people, but apart from teaching, they were also leaders and guides, and they tried hard to strengthen the religious and moral aspects of mankind. In the Islamic educational and pedagogical system, the teacher follows the example of the prophets and is not only a renderer of the lessons, but also responsible for the religious and moral aspects of the teachers and guiding them to perfection. With this introduction, the main question of the upcoming research is what jurisprudential and legal rulings apply to teacher’s guiding role? Is guidance a right or a duty? If it is proven that it is the teacher's right, can he revoke it? And if it is proven that the teacher is responsible, is the teacher's absolution contingent on mere teaching or on guidance of the trainee? The author is trying to find an answer to the above questions by following the religious and legal texts and sources based on the qualitative and descriptive-analytical method. Among the most important results of the discussion, we can mention "the individual obligation, its necessity caused as a result of lease or contract of agency, the teacher's priority resulting from rights and obligations, and the inalienability of the right to guide".

Keywords

Main Subjects

The Holy Quran
Ibn Manzoor, Muhammad Ibn Makram, Lasan al-Arab, Beirut, Dar al-Fikr-Dar al-Asaq, 1414.
Ahmad bin Faris, Mujam al-Maqais al-Lagha, Cairo, Al-Maktaba al-Islamiyya, 1430.
Arafi, Alireza, Educational jurisprudence 1 (basics and presuppositions), researched and written by Seyyed Naghi Mousavi, Qom, Ishraq and Irfan Institute, 2014.
Amiri Ghaem Moggi, Abdul Majid, General Theory of Civil Law Obligations, Tehran University Press, Tehran, 1354.
Johari, Ismail bin Hamad, Al-Sahah-Taj al-Lagha and Sahah Al-Arabiyyah, Beirut, Dar al-Alam Lal-Mulayin, 1410.
Dadgar, Seyed Amin Elah, "Scientific Research Journal of Educational and Educational Studies", Volume 9, Volume 4, Farhangian University, 2019.
Ragheb, Hossein bin Muhammad, Vocabulary of the words of the Qur'an, Lebanon-Syria, Dar-ul-Al-Alam, Al-Dar al-Shamiya, 1412.
Seif, Ali Akbar, Educational Psychology, Tehran, Aaghah Publishing House, 2014.
Seifi Mazandarani, Ali Akb, The Reason for Tahrir al-Wasila, Islamic Publications Office, 1415.
Shabar, Seyyed Abdullah, Al-Jawhar Al-Thamin fi Tafsir al-Kitab al-Mubin, Kuwait, Maktaba al-Alfin, 1407.
Shelbi, Ahmed, The History of Education in Islam, translated by Mohammad Hossein Saaket, Tehran, Negah Mazares, 1387.
Sheikh Sadouq, Muhammad bin Ali bin Baboyeh, Man Lai Hazara Al-Faqih, Qom, Jamia Modaresin, 1413.
Sanei, Parviz, General Criminal Law, Tehran, Ganj Danesh Publications, 1376.
Sarami, Saifullah, Haq, Hakkam, and Obligation, Qom, Research Institute of Islamic Sciences and Culture, 2015.
Tabatabai, Seyyed Mohammad Hossein, Al-Mizan fi Tafsir al-Qur'an, Qom, Islamic Publications Office, 1417.
Tarihi, Fakhruddin, Majma Al-Baharin, Tehran, Mortazavi bookstore, 1416.
Fadel Handi, Motaghi bin Hossam al-Din, Kenz al-Ammal fi Sunan wa al-Aqwal wa al-Afal, Beirut, Al-Rasalah Institute, 1409 AH.
Farahidi, Khalil bin Ahmad, Kitab al-Ain, Qom, Hijrat Publishing House, 1410 AH.
Kilini, Muhammad bin Yaqub, Al-Kafi, Tehran, Dar al-Kitab al-Islamiya, 1407 AH.
Katouzian, Nasser, Civil rights: non-contractual obligations (compulsory guarantee), Tehran, Tehran University Press, 1378.
Katouzian, Nasser, Civil Rights: Obligations outside the contract, (civil liability), Tehran, Tehran University Press, 1374.
Misbah Yazdi Mohammad Taqi, Islamic Legal Theory, Qom, Imam Khomeini Educational and Research Institute Publishing Center, 2012.
Mousavi Khomeini, Seyyed Ruhollah, Kitab al-Bai, Tehran, Institute for Editing and Publishing Imam Khomeini's Works, 1421 AH.