List of Articles

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  1 - Difference between Man and Woman in Compensation
  Sohaila Babivardi
  Killing is a phenomenon man has always been encountering. In order toprevent individuals from violating rights to others’ life, man hasexperienced and thought of various ways so far. Islam has also madespecial laws in order to prevent men from committing this unpl More

  Killing is a phenomenon man has always been encountering. In order toprevent individuals from violating rights to others’ life, man hasexperienced and thought of various ways so far. Islam has also madespecial laws in order to prevent men from committing this unpleasantphenomenon in such a way that the killing is committed deliberatelythe killer must face retaliation and if it is done unintentionally he mustpay blood money. Such a law-making is explicitly mentioned in theverse 92 of the second Quranic surah. The present essay expoundsperspectives of earlier jurists concerning compensation first and thoseof later jurists secondly, discusses juristic essential of man and womanbeing equal in compensation thirdly, explains juristic essential ofwoman’s compensation being half of man’s fourthly, and deals with thereason for difference between man and woman in compensation finally Manuscript profile
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  2 - A Criticism on Depriving Wife of Inheritance from the Land (Considering Article 946 of the Iranian Civil Law)
  Mohammad Ali Khayrollahi
  It is quite well-known that contemporary jurists believe that wifeinherits neither from the land nor from its price. Considering that fatwa,the article 946 of the Iranian civil law declares that husband inheritsfrom all parts of wife’s property while wife inherits More

  It is quite well-known that contemporary jurists believe that wifeinherits neither from the land nor from its price. Considering that fatwa,the article 946 of the Iranian civil law declares that husband inheritsfrom all parts of wife’s property while wife inherits only from thefollowing: 1. Movable properties, and 2. buildings and trees. As can beseen in that article, wife is deprived of inheritance from the land. Aglance at juristic books, however, clearly indicates that the said theoryis merely one perspective and a good number of jurists have rejected itfrom early times. The present essay deals with the analysis and surveyof those perspectives. Considering the Quranic verse and all traditionsconcerning it as well as opinions of various jurists, we would concludethat if the wife has a child from her husband she will inherit from theprice of the land in addition to the price of movable properties on thebasis of her share, i.e. the eighth. Manuscript profile
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  3 - Validity of Judge’s Own Knowledge and Its Challenges
  Asghar Arabiyan
  Judge’s own personal knowledge as one way of substantiation ofclaims has always been emphasized by all jurists especially Shiites onthe basis of some traditions none of which has implication enough inorder to prove that and some may even be used as a basis for lac More

  Judge’s own personal knowledge as one way of substantiation ofclaims has always been emphasized by all jurists especially Shiites onthe basis of some traditions none of which has implication enough inorder to prove that and some may even be used as a basis for lack ofauthority of such a knowledge. Thus, some jurists referred theknowledge in question to necessity of being knowledgeable of juristiccriteria of truth and justice and interpreted those traditions asconformity of trial with juristic criteria. Judge’s personal knowledge ischallenged by later Sunni jurists and in the Iranian juristic system isconsidered refutable through various legal ways which practicallyannounces unauthority of judge’s personal knowledge as a basis forjudgment. Judge’s knowledge of juristic criteria, however, remains anundeniable necessity for judgment Manuscript profile
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  4 - The Relation between Jurisprudence and Common Legal Sources and Essentials of Sovereignty
  Mohammad Hosain Farhangi
  Sovereignty and its various forms have always been a matter ofconsideration by men of political thought. Different approaches offollowers of religions and those of Islam have also been considered inthe process of sovereignty. In the Islamic Jurisprudence some suchsubjec More

  Sovereignty and its various forms have always been a matter ofconsideration by men of political thought. Different approaches offollowers of religions and those of Islam have also been considered inthe process of sovereignty. In the Islamic Jurisprudence some suchsubjects as custom, reason, interest, and implicit interests have affectedthe realm of interference of religion with sovereignty in one way oranother. Such titles are recognized by human approaches beingconsidered as common legal sources and essentials in governingsocieties. When two affairs of primary precepts interfere, what is moreimportant is given priority. In interference of social necessities withprimary precepts, Islam has given priority to the former and havingtaken common essentials into consideration has treated secondaryprecepts as the foundation of sovereignty. Thus, in the Islamic juristicapproach human wills are given remarkable status in sovereignty. Manuscript profile
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  5 - The Custom of the Wise
  Alireza Faiz
  The Custom of the Wise is in face the practical consensus whoseauthority should absolutely not be doubted. The Customs of the Wiseof the times of presence of Imams as well as those of the time ofabsence of the twelfth Imam are all authorized. Imam Khomaini,Ayatollah Sad More

  The Custom of the Wise is in face the practical consensus whoseauthority should absolutely not be doubted. The Customs of the Wiseof the times of presence of Imams as well as those of the time ofabsence of the twelfth Imam are all authorized. Imam Khomaini,Ayatollah Sadr, and Ayatollah Maghniyeh have proved authority of theCustom of the Wise of any time through strong proofs more than anyother jurist. Essentials of the said customs, kinds of change in theprecept in the light of the Custom of the Wise, transformation ofprecepts through transformation of the Custom of the Wise, andopinions of some great Sunni jurists in confirming the Custom of theWise are thoroughly dealt with in the present essay. Manuscript profile
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  6 - If Panderim among Prescribed Punishments(Hodood)
  Rahim Nowbahar
  According to well-know opinion of Shiite jurisproudence panderism isamong Prescibed Punishments (hodood). All Iranian Legislationsregarding the issue after the Islamic Revolution followed this idea.In this article Iwill argue in a fighi way that there are no strong ands More

  According to well-know opinion of Shiite jurisproudence panderism isamong Prescibed Punishments (hodood). All Iranian Legislationsregarding the issue after the Islamic Revolution followed this idea.In this article Iwill argue in a fighi way that there are no strong andsufficient reason which prove that panderism is among hoddood andconsequently it should be considerd as a crime which ouccer in thecategory of Discretionary Punishments (Taazirat). So, Islamic CriminalJustics can respond proportionately to the different degrees of thiscrime by providing useful punishments and in harmony with similarcrimes such as trafficking on women for prostitution. The article alsodeals with implicitly some ambiguous legal aspects of the crimewhether it would be among Hodood or Tazirat. Manuscript profile