List of Articles Ahmad Moradkhani

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  1 - Percepts of Family and Man's Disobedience in Imam Reza's Al-Tasfir Masanad Book
  Ahmad Moradkhani
  20.1001.1.26455013.1394.11.39.5.0
  In Imam Reza's Ketabol Tafsir Masand, it is indicated in exegetical traditions related to the family subjects such as marriage customs, marriage regulations, abortion, alimony, man's disobedience. Disobedience means disagreement or controversy of two spouses that may ca More

  In Imam Reza's Ketabol Tafsir Masand, it is indicated in exegetical traditions related to the family subjects such as marriage customs, marriage regulations, abortion, alimony, man's disobedience. Disobedience means disagreement or controversy of two spouses that may cause abandonment of obligation or merely devoid of affection and good companionship. Man's disobedience which mentioned in Sure Al-Nisa, Verse 128 and exegetical traditions states that if the man commits this disobedience his wife can compromise with him in all or part of her rights. This action is permissible, and her husband has to respect this compromise too. It should be mentioned that dowry, alimony and the right of oath are regarded as the rights not rules and accordingly can be compromised by the wife. Manuscript profile
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  2 - A Comparative Study of the Scope of Wife's Requirement to Get Husband's Permission while Going out of Home Based on the Shiite and Sunni views
  Abdolrasoul Ahmadian Ahamd Moradkhani Mohammad mehdi Ahmadi Ahamd Moradkhani Hassan Abedian
  20.1001.1.26455013.1394.12.42.1.5
  After the contract of marriage, some rights and duties are imposed to the spouses. One of these rights is the right of subservience. One of the aspect of this right which is agreed upon by all Muslim jurists is that the wife is not allowed to get out of home without the More

  After the contract of marriage, some rights and duties are imposed to the spouses. One of these rights is the right of subservience. One of the aspect of this right which is agreed upon by all Muslim jurists is that the wife is not allowed to get out of home without the husband&#39s permission and if happened her act is considered "Nushuz" or disobedience and the wife who has done it is called Nashizah or disobedient and as a result of which she will be deprived form two of her rights: alimony and Qasm. About the scope of wife&#39s duty to ask for the husband&#39s permission, there are several views in Imamiyah Jurisprudence: a group of these jurists believes in the absolute necessity of getting such permission while another group limits this duty to the situation when her leaving contradicts husband&#39s right of having an absolute sexual pleasure from his wife. Sunni jurists have similar views. The comparison of views expressed by both Shiite and Sunni jurists indicates that most Imamiyeh Jurists and most jurists belonging to the Shafei, Maleki and Hanbali jurisprudential schools believe in the absolute necessity of getting permission and believe that the wife is allowed to get out of home without her husband&#39s permission only in emergency cases. In contrast, some of the Shiite jurists believe in the limited necessity of having such permission and say it is necessary only in cases when her leaving causes the husband to get deprived from accessing her for sexual purpose.     Manuscript profile
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  3 - Conditions for Witnesses in Jurisprudence of Religious Scholars (in accordance with Law)
  Ahmad Moradkhani Ahmad Moradkhani
  20.1001.1.26455013.1395.12.43.7.7
  Testimony as one of the evidence for proving lawsuit in judicial jurisprudence including civil and penal one as well as demonstrating issues of religious verdict necessitates a recognition of authentic conditions in jurisprudence and law. Considering verses, narrations More

  Testimony as one of the evidence for proving lawsuit in judicial jurisprudence including civil and penal one as well as demonstrating issues of religious verdict necessitates a recognition of authentic conditions in jurisprudence and law. Considering verses, narrations and legal cases, qualifications such as maturity, intellect, Islam, justice and lack of invective as common conditions and conditions like faith, freedom and speech and … as non-common conditions have been accepted. There is disagreement over some conditions like in-birth purity, which has been discussed as to reasons made by religious scholars. Manuscript profile
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  4 - Diya for Women and the Legal Policy of Iran: From Commitment to the Principles of Islamic Jurisprudence (fiqh) to Human Rights Standards
  Ghader Ahmadi Ahmad Moradkhani Sayyad Mohammad Mahdi Ahmadi Aliraza Asghari
  10.22034/ijrj.2020.671692
  20.1001.1.26455013.1398.16.58.1.5
  The obligation to compensate for the damages incurred on individuals is regarded as one of the most important principles of Fiqh and Law, and the bodily harms to women are included among compensable bodily damages. In case of harm, a financial compensation known as Diya More

  The obligation to compensate for the damages incurred on individuals is regarded as one of the most important principles of Fiqh and Law, and the bodily harms to women are included among compensable bodily damages. In case of harm, a financial compensation known as Diya is paid to the injured person, while in the pre-revolutionary laws of Iran, no reference was made to such financial compensations for damage.  But with the victory of Islamic revolution and adopting of the Constitutional Law, an appropriate ground was developed for the judicial system of Iran to be adapted with Islamic legal principles as well as with the Shi'a Twelver doctrine. With the enactment of the Diyat Law, the amount of Diya for women was reduced to half the amount of Diya for men, in some cases. Due to the perception that exist about Islam enjoying a perfect legal system and assigning a fundamental role to women as well as the international adverse publicity of the ongoing law, the Legislature proceeded to resolve the problem of inequity of Diya for women and men re-codifying the Islamic Penal Code, enacted 2013, in order to disregard the gender for damage compensation and to observe the international norms. The legislators introduced the law that the government has to pay the balance of inequity of Diya for women. Manuscript profile
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  5 - Jurisprudential and Legal Review of Bioterrorism
  Ahmad Moradkhani Fatemeh Rahmani
  10.22034/ijrj.2018.541396
  20.1001.1.26455013.1397.14.52.7.9
       Based on the spread of the phenomena of terror and terrorism in today's world, its changing form is simultaneous with the progress of science and technology, the utilization of biological agents in humans, animals, plants, medicines, foodstuffs, More

       Based on the spread of the phenomena of terror and terrorism in today's world, its changing form is simultaneous with the progress of science and technology, the utilization of biological agents in humans, animals, plants, medicines, foodstuffs, etc. and ultimately the annihilation of human beings in order to dominate the resources of other nations. It is to an extent that biological agents are used as biological or bio-terroristic weapons to destroy and weaken others. Therefore, after defining the bioterrorism, its jurisprudential and legal review, correspondence of this type of terror with the jurisprudential components and reviewing the jurisprudential verdict of defense against this phenomenon are among the objectives of this article. Content reporting is investigated as library and field research. The permission or lack of permission of using bioterrorism weapons is also investigated. Manuscript profile
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  6 - The Use of Istishab in Civil Law Distinguished by its Different Types
  Abbas Arab Khazaeli Ali Reza Asgari Ahamd Moradkhani
  10.22034/ijrj.2018.538453
  20.1001.1.26455013.1396.14.50.7.1
  The subsidiary religious laws, in the sacred Islamic law, are extracted and inferred using the book (Quran), tradition, consensus (among Fokaha) and wisdom. However, it is very general in nature and no more specific details had been set from the beginning. The great muj More

  The subsidiary religious laws, in the sacred Islamic law, are extracted and inferred using the book (Quran), tradition, consensus (among Fokaha) and wisdom. However, it is very general in nature and no more specific details had been set from the beginning. The great mujtahids and scholars of Fiqh embarked upon the problem in order to solve it. Accordingly, Istishab is considered as one of the oft-used principles in this respect.  It is where a situation existing previously is presumed to be continuing at present, although there is some doubt, it presumes the continuation of the fact until the contrary is proven. For example: we know that someone was certainly alive in 1971, and was missed in 1991 when his father died. Doubt arises as to whether a man is still alive and can inherit his father's wealth? The previous certainty, in this case, is presumed to be continuing at present that he is known to have been alive. In case of doubt, on the contrary, it is assumed that he is deceased. However, by istishab, the presumption will be that the death is not proven. Because the principle of Istishab, has a privileged position in civil law and Imamieh jurisprudence. The purpose of this study was to analyze the role of Istishab in civil law and Imamieh jurisprudence. Manuscript profile