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List of Articles
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Open Access Article
1 - Necessity of Legality of Transactions Motive in Iranian Positive Law and Fiqh Imamiyah
Fakhrodin Asghari aqamashahadi Seyyed Masih Hosseini Mohamamdbaqer Asghari Aqmashhadi According to the article 190(4) of Iranian Civil Code, one of the fundamental conditions for the validity of a contract is legitimacy of the motive of the contract. According to article 217 of Civil Code, the transaction with illegal motive is More According to the article 190(4) of Iranian Civil Code, one of the fundamental conditions for the validity of a contract is legitimacy of the motive of the contract. According to article 217 of Civil Code, the transaction with illegal motive is null. But, if illegitimacy of the motive is included in the contract expressly, and if it is immediate and clear, it will result to invalidity of the contract. The validity of the transaction with illegitimate motive and without clear knowledge of it and without it's insertion in the transaction is subject to debate. In Islamic jurisprudence, dealing with illegitimate motive is forbidden (Haram) by reasons such the wisdom ruling to ugliness of helping sin, the verse “do not help each other in sin and transgression” and the necessity of forbidding evil. Although the bargain with illegitimate motive is illegal by the consensus of scholars, but there is disagreement on its nullity. According to some jurists it is null and void and according to the others, it is valid. The present article by invoking to article 217 of Civil Code and the rule of the authenticity of the transactions accepts the latter view. Manuscript profile -
Open Access Article
2 - The Kind of Responsibility and Consequences of the Nullity of Commutative Contracts
Behzad Pourseyyed Mostafa Shafizadeh Mohammad SadeghiA discussion of sanctions relates to nonconformity with authenticity conditions of contracts called encounter such as invalidity and corruption. Basically, if the contract follows without substantive terms and such form conditions prescribed to be valid, it will be inva MoreA discussion of sanctions relates to nonconformity with authenticity conditions of contracts called encounter such as invalidity and corruption. Basically, if the contract follows without substantive terms and such form conditions prescribed to be valid, it will be invalid and respectively has no implication to this contract and subsequent enforcement has no effect. This study aims to review the concept of invalidity in Imamieh jurisprudence, Iranian law and the impact of these sanctions on swap contracts. Based on the concept of invalidity and responsibility arising from swap contracts, it can be concluded that with regard to the use of related concept between “invalidity” and “corruption”, we cannot cite compensation as a result of the invalidity of swap contracts, because there is no agreement to be regarded that person as person is liable. Manuscript profile -
Open Access Article
3 - An Analysis of the Condition of the Opposition of Scripture and Tradition and Its Impacts on Contracts of Scripture and Tradition and Its Impacts on Contracts
Abbas Taghvaei Mohammadhassan Haeri Masoumeh Khodashenas The discussion of condition and its status in contracts has kept its traditional position in Jurisprudence issues; moreover, it has found a special status in Jurisprudence discussions. The analysis of this position requires a proper famili More The discussion of condition and its status in contracts has kept its traditional position in Jurisprudence issues; moreover, it has found a special status in Jurisprudence discussions. The analysis of this position requires a proper familiarity with the concept of the term condition from the lexical, principal, Jurisprudence, and common points of view and also the surveying of the relationship between conditions and contracts and the familiarity with the principle of the correctness of the conditions. Furthermore, in order to deal with the condition of the opposition of the scripture and tradition, we should be familiar with the criterion of correctness and failure of the correctness of the condition and divisions due to it, all of which determine the position of the discussion concerning the condition of the scripture and tradition. After these introductions and then dealing with documents and reasons related to the conditions of the opposition of the scripture and tradition, explaining the meaning of these kind of conditions and works, and expressing the legal viewpoints due to our Jurisprudence and the views of law on these items, it is essential that we deal with these issues analytically in this study. Manuscript profile -
Open Access Article
4 - Analyzing the Plastic Surgery in Fiqh Imammiyeh and Iranian Criminal Law
Hassan Hajitabar Mahboubeh Mousavi sheikhToday, one of medical realities is the issue of plastic surgery containing two reconstructive plastic, parts and aesthetic plastic. In Iran current law system, only general verdict of surgery or medical operations are highlighted ("jeem (g) verse, article 158 of Is MoreToday, one of medical realities is the issue of plastic surgery containing two reconstructive plastic, parts and aesthetic plastic. In Iran current law system, only general verdict of surgery or medical operations are highlighted ("jeem (g) verse, article 158 of Islamic penalty law, 1392); but in the case of plastic surgery operations, there is no obvious verdict in laws and regulations. Therefore, one of the basic doubts and challenges in this respect is the issue of legality and or illegality of various forms of plastic surgery in that there are different views in Islamic jurisprudence among Shiite and other religious leaders. In the case of legality and or illegality of different aspects of the mentioned surgery operations. In this article, by investigating the basic concepts and Shiite scholars, views and the others about the legality and or illegality of plastic surgery and, too, the condition of creating and removing criminal responsibility of the physician, it can be concluded that in the legal system of Iran, regarding the well-known thesis of the Imamiyeh leaders and other reasons, we can take into account plastic surgery forms with respect to terms and conditions as legal surgery operation. Manuscript profile -
Open Access Article
5 - Principle of Application or Presumption of Mastery and its Effects on Principle of Jurisprudence
Abbas Arab Khazaeli Abbas Arab Khazaeli Alireza Askari Mohamamd Mehdi AhamdiPrinciple of mastery is one of the commonly-used matters in science/ knowledge of religious jurisprudence. It was defined as a verdict on the permanence of what was in the past. From the start of coming into existence of the science/ knowledge, the experts of jurisprude MorePrinciple of mastery is one of the commonly-used matters in science/ knowledge of religious jurisprudence. It was defined as a verdict on the permanence of what was in the past. From the start of coming into existence of the science/ knowledge, the experts of jurisprudence believed that traditions were the reason for the proof of mastery and mastery was an established or for mere obedience rule in times of doubt. Consequently, the principle of mastery is one of the principles of application. However, most experts of jurisprudence after Behbahani believed that the reason for the proof of mastery is wisdom. Therefore, the principle of mastery is an inconclusive presumption of personal reasoning. In this research an attempt was made to take into consideration the attitudes of the experts of jurisprudence about the principle of mastery and its application in religious jurisprudence and law. Manuscript profile -
Open Access Article
6 - Sex Change in Criminal Commandments
Seyyed Ebrahim Ghodsi Kolsoum Mirhosseini Today, sex change has become an important topic not only in medical sciences but also from a legal perspective. The issue of sex change has remained unsettled among the general public. People look at transgender individuals with contempt and consider them a More Today, sex change has become an important topic not only in medical sciences but also from a legal perspective. The issue of sex change has remained unsettled among the general public. People look at transgender individuals with contempt and consider them as having mental disorders. The law is still unclear about the status of transgender people. Islamic jurists have long considered the issue of sex change as one of the “Emerging Issues” (Al-Masael Al-Mostahdese ) and debated about its legal status. Generally, there are three main opinions on sex change among Islamic jurists: First, total rejection; Second, permissible in case of necessity; and Third, total permissibility. Imam Khomeini falls in the third group. Sex change has legal consequences in different set of crimes punishable under Islamic Law including, punishable by prescribed (Hudud), retaliation (Qisas), blood money (Diyyat) and discretionary punishment (Tazir) which have been explored in this paper. Manuscript profile -
Open Access Article
7 - Conditions for Witnesses in Jurisprudence of Religious Scholars (in accordance with Law)
Ahmad Moradkhani Ahmad MoradkhaniTestimony 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 MoreTestimony 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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