Number 3 Volume 13

Open Access Article

1 - A comparative study of the principle of voting certainty in jurisprudence, Iranian and British law
dariush babaei Vahid Khandani

The primary principle in judicial verdicts is certainty, in the sense that each verdict issued is determinative and specifies the assignment of the litigants. Appeals against votes are contrary to the principle and require legal directions. These directions may be based More

The primary principle in judicial verdicts is certainty, in the sense that each verdict issued is determinative and specifies the assignment of the litigants. Appeals against votes are contrary to the principle and require legal directions. These directions may be based on the terms and conditions of the vote or the issuing authority or subject matter documentation. In a comparative study of the subject in Imamiyyah jurisprudence it is observed that the jurists also consider the judge's ruling to be valid and non-violable, while permitting the monitoring of the performance of judges by other judges, and consider instances of the necessity of violating the ruling. Nowadays, with the development of cases and appeals, the principle has been diminished and the exception has been overcome. In English law, under section 52.1 of the CPR rules, appeals may be appealed by lower courts, but the hearing is reopened so that if the interests of justice and justice warrant, the hearing may be reopened. It will also allow the appellate court to grant appeals where it finds that the trial court erred or unfairly erroneously as a result of the procedure. The present article seeks to place the principle of judicial verdicts in the balance by a comparative study of Iranian and British law as well as the jurisprudential principles of the subject . Manuscript profile

Open Access Article

2 - A Comparative analysis of the verse "Estemtah" from Fazel Moghdad and AbuBakr Jasas,s Viewpoint
Said taha hassan najid Ahmad Reza Rafiee Javad Paw Pour

AbstractImamiyyah jurists and scholars, including Fazel Muqdad, referring to the book, the tradition and the consensus of divorced marriage as one of the right types of marriage and fatwa of its legitimacy, and have considered the divine injunctions as permanent marriag More

AbstractImamiyyah jurists and scholars, including Fazel Muqdad, referring to the book, the tradition and the consensus of divorced marriage as one of the right types of marriage and fatwa of its legitimacy, and have considered the divine injunctions as permanent marriage, although this type of marriage works in terms of rights. Permanent marriage is different. But in terms of sentences, permanent marriage is no different than in terms of "knowing the term". In this type of marriage, a free and full-fledged woman, with her consent, is married to a man who has no obstacle (causation, relative, consent, etc.) to the marriage in which the marriage is mentioned and the duration of the child; It is legal and legal, and when it is time for couples to divorce without the need for a divorce, they keep their wives. But in contrast to Sunni jurists and scholars, including Abu Bakr Jassas, referring to the Book, Sunnah and Reason, they believe that the Prophet Muhammad (peace be upon him) and the legitimacy of the marriage were abrogated and explicitly issued by the second caliph fatwa to the Prophet (s). The punishment of the perpetrators was an emphasis on the Prophet's command, so they did not consider the marriage of the Prophet to be void, permissible and valid, and issued fatwas on its nullity and forbiddenness. The Sunnah and the consensus of the Sunni jurisprudents consider it a clear reason for the decree of the Prophet. Manuscript profile

Open Access Article

3 - Jurisprudence Basics for Local Research Circumstantial Evidence
shadi hassani Manssor Amirzadeh Jirkoli Javad Mohammadalizadeh

The local research method is interpreted in this way that each witness says his / her own information to the judge and it’s interpreted based on the words the stated the judge comes to this conclusion that they didn’t conspire to say lie. Now the local resea More

The local research method is interpreted in this way that each witness says his / her own information to the judge and it’s interpreted based on the words the stated the judge comes to this conclusion that they didn’t conspire to say lie. Now the local research circumstantial evidence is used with wide spread tradition title (or some times its synonym fame )in the jurisprudence . In the jurisprudence to authority of the widespread tradition some cases are stated such as narration , wide people method , the difficulty because of producing sufficient evidence which we can prove the wide spread tradition authority by each of them . Also, the wide spread domain in jurisprudence with high disputations – is divided into two limited and unlimited categories that by considering the total opinions, the wide spread tradition domains are death, devotion, freehold, ancestry and justice . The wide spread tradition in the jurisprudence and local research has some similarities and differences. In this regard there are some comments about the relationship between local research and wide spread tradition: the wide spread tradition as an independent reason , the wide spread tradition as witness confirmer and wide spread as the result of the local research . But the researcher states that the wide spread tradition is the same jurisprudence basic for the local research because in all cases like meaning , concept , scope , proof , reason and so on , they are the same . Manuscript profile

Open Access Article

4 - Jurisprudential attitude to the role of white marriage and the place of temporary marriage in the evolution of the laws of the family system in the Islamic society
AZADEH ZEINALI masoud raei Mohammad Bagher amerinia

The family is the most significant foundation affecting the identity and physical health of individuals in the community. The purpose of this study is to analyze the pros and cons of white marriage and to provide an alternative approach -permanent and temporary marriage More

The family is the most significant foundation affecting the identity and physical health of individuals in the community. The purpose of this study is to analyze the pros and cons of white marriage and to provide an alternative approach -permanent and temporary marriages- with their jurisprudential and legal implications. Cohabitation is an abnormal, illegal, illegitimate, and anti-Islamic phenomenon which has grown as white marriage between individuals. Temporary marriage has initially created a negative image, especially in the minds of women in society, but if its real causes, conditions, and benefits are examined, we find out that marriage and its existential philosophy are crucial to Islamic society. This marriage is for those who do not qualify for permanent marriage but still have physical and sexual needs.This research is a descriptive-analytical research which has attempted in a library-based way to address most of the jurisprudential and lawful aspects of white marriage and then, distinguishing these two issues is so significant. Due to lack of religious and social legitimacy despite its prevalence and negative consequences for individual and family, the necessity and the benefits of permanent and temporary marriages as alternatives in today's society are indicated. Manuscript profile

Open Access Article

5 - Mandate pending to growth of mandatary
Latif Ebadpour Seyyed mohammadsadegh Moosavi

Obstacles to regulating deeds of contracts prompts the transfer have led to widespread regulation of various mandate in notary offices. One of the types of mandates that has emerged in recent years from the common documents at notary public office is mandate pending gro More

Obstacles to regulating deeds of contracts prompts the transfer have led to widespread regulation of various mandate in notary offices. One of the types of mandates that has emerged in recent years from the common documents at notary public office is mandate pending growth of mandatary. The purpose of this article is to express the legal status of this type of mandates which has been considered void by descriptive-analytical method and by gathering information through library method and by citing jurisprudential and legal sources in all its three types (suspension of Creation and Effect and execution).The survival of the offer until growth of the mandatory also deals in principle with the requirements of the consecutive offer and acceptance and encounter capacity. At the same time, the result of the discussion is this that in spite of the void of mandate and the impossibility of survive the offer for a long time, the minor, after reaching the age of majority, can execute mandate by public permission if the client does not refer to his or her own permission. Manuscript profile

Open Access Article

6 - Explaining the effects of diviation from the rules of Criminal Jurisprudence in Anti_ Smuggling goods and currency Act
saied atazadeh aliakbar mokhtari dastenaie mahmod gayom zadeh

< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on More

< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on the principle of 96 contradictory acts are doomed to failure by the guardian council and non_ conforming acts for exclusion of ((sense of contradiction )) than that usually approved by the same council. because of the generality of principle of non_contradiction, the rules of the subject of criminal law also necessarily follow this principle. principles such as the: Legality of Punishment, personal liability, the individual autonomy and proportionality of crime in accordance with the rules criminal jurisprudence, such as obscenity unstated punishment، principle of burden of sins (vizr) and rule of justice and ( al-tazir beme yarah al-hakim) in the case of litigants has been legislated in Islamic code. With authorizing the anti_smuggling goods and currency act influenced by some differentiation and paradigm of deterrence and utilitarianism, the legislator has disregarded the basic principles of criminal jurisprudence which are infact deviation from the contradiction rather than non_compliance with the most important constitutional principle that underlies the political system and with the approval of the law reffered to by the guardian council has been recognized by that council. Manuscript profile

Open Access Article

7 - A Comparative Study on the Theoretical Foundations, Objectives and Practices of Compensation in Civil Liability; in Iranian, French and British Laws
Ahmad Mirzaei Garmi Alireza Lotfi Dodaran Mozaffar Bashokouh

The most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental p More

The most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental principles of civil liability law, has been accepted in Iranian law by some jurists and legal systems, including France and the United Kingdom. However, each of the aforementioned legal systems has adopted different approaches to achieving such a goal. On the contrary, the Iranian legislator did not have a clever and systematic view of civil liability and its objectives, and has not established a coherent system, so that neither the conventional theories nor the judicial procedures in Iranian civil liability law are in line with nature of compensation. Therefore, in this article, in a descriptive-analytical and comparative approach, theoretical foundations, goals and methods of compensation are reviewed, to help establishing a proper civil liability system and remedy legal gaps in the proper implementation of the provisions on compensation in Iranian legal system. Manuscript profile

Open Access Article

8 - Reviewing of the Role of Repentance in Islamic Criminal Law from the Jurisprudential and Theological
Jafar Nasseri Mohammad Hossein Nazemi Ashani Alireza Salimi Seyed Alireza Hosseini

Repentance is one of the most important issues in Islam and has a high place in a number of Islamic sciences. It is one of the basic words in Islamic criminal law and is one of the legal excuses for exemption from punishment and is considered as a case of falling and is More

Repentance is one of the most important issues in Islam and has a high place in a number of Islamic sciences. It is one of the basic words in Islamic criminal law and is one of the legal excuses for exemption from punishment and is considered as a case of falling and is considered as a legal establishment. There are no other criminal schools today. In its importance, it is enough that one of the best ways to prevent the recurrence of crime and correct criminals. Repentance in theology is the only general Muscat of the eagle and the painful punishment of God, which has created a boundary between Islamic and secular law and is based on a number of infrastructural propositions as well as human imagination of God. From the point of view of the policy of decriminalization, jurists have considered it a legal issue, and theologians with an educational approach have considered repentance as a deterrent to crime and related to some divine attributes. This research has analyzed the jurisprudential, philosophical and theological analysis of repentance with a descriptive-analytical method and the tools of library studies and has been explained with the aim of examining the role of repentance in Islamic criminal law from a jurisprudential and theological point of view. Manuscript profile

Open Access Article

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