List of Articles permission

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  1 - The forms of unauthorized sale from the perspective of Sheihk Ansari
  akbar zakerian شکراله نیکوند
  The ancient jurists in the argumentation of unauthorized transaction just have proceed its edict and according to their fundations , they have edicted to correctness or nullity ( in the absence of enforcement). SHeihk Ansari ,in addition to proceed edict unauthorized tr More

  The ancient jurists in the argumentation of unauthorized transaction just have proceed its edict and according to their fundations , they have edicted to correctness or nullity ( in the absence of enforcement). SHeihk Ansari ,in addition to proceed edict unauthorized transaction, for the first time, he has examined these transactions in term of the subject and in a division , the form s of unauthorized sale has examined in three _dimensional which the following him, the recents are pointed to the forms of unauthorized sale. In this division, or unauthorized property sells for the owner or for himself; in the first case, either dissuasion has done by the owner or there is no previous dissuasion. The deceased Sheihk has hnowen correctness the edict of all three parts providing the owner's permission, although in some of cases , some of jurists are believed to nulity. Manuscript profile
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  2 - Jurisprudential examination of permission and role of brother in marriage of a sister in Islamic religions
  amir ahmadi
  Marriage is an important thing in Islam, and it complements the human religion and humanity, for which the girl must marry under the permission of Shari'a and the law. Marriage permission is discussed in the marriage affairs and is discussed in the jurisprudence of Isla More

  Marriage is an important thing in Islam, and it complements the human religion and humanity, for which the girl must marry under the permission of Shari'a and the law. Marriage permission is discussed in the marriage affairs and is discussed in the jurisprudence of Islamic sects and the rights of Islamic countries. In the jurisprudence and law of Iran, the permission of the father or ancestor of the father is required in the marriage the virgin daughter, but in the jurisprudence and law of some religions and Islamic countries, the permission of the brother is also sufficient. The purpose of this study is to examine the meanings of the permits and permits and the views of the perpetrators on the permission of the brother in his sister-in-law. Some religions say yes absolutely, some religions say no absolutely and some else religions believe authority in Supervisory of sisters matrimony. Now by investigate of this research, five religions ideas about this topic is interesting for you. The result is that in the absence of a father and ancestor, in the jurisprudence of some religions, the permission of the brother is accepted as a marriage, and it seems to be possible for the brother to be considered as an optional option for spiritual protection in the marriage of the sister. Manuscript profile
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  3 - A comparative study of guardianship in marriage in Imamiyyah jurisprudence and Iran's law
  Mohammad Mahdi Masoudi hamid jalilian zahra masoudi
  10.3495/jiil.2023.1974744.1689
  AbstractThe subject of guardianship in marriage is one of the most widely used jurisprudential and legal issues, which despite its importance, its exact boundaries have not been defined in Iranian law, and perhaps part of it was due to serious jurisprudential difference More

  AbstractThe subject of guardianship in marriage is one of the most widely used jurisprudential and legal issues, which despite its importance, its exact boundaries have not been defined in Iranian law, and perhaps part of it was due to serious jurisprudential differences in this field. The origin of these differences is sometimes due to differences in interpretations of narrative texts and sometimes to the basic differences of jurists. This research examines the guardianship in marriage from the point of view of verses and traditions, introduction of the parents of marriage in non-safia and insane and their conditions, the cases of loss of guardianship in marriage and the different time stages of the permission of the guardian in marriage in Imamiyyah jurisprudence and Iranian law, and examining the existing legal gaps. ; He has proposed the issue of mandatory or conditional permission of the guardian in the civil law as a mechanism to overcome the legal disputes and problems ahead.Key words:Guardianship in marriage,Conditions of guardianship in marriage,Parents' permission,assignmentative Parents' permission Manuscript profile
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  4 - Relation between Permission and Civil Liability
  mohammad hadi mahdavi
  There is an important issue in legal and jurisprudence discussions: Does possession of others' property permitted by the owner, with no voluntary waste, also brings about civil liability? Or does owner's permission remove liability? From the purport of some jurists' sta More

  There is an important issue in legal and jurisprudence discussions: Does possession of others' property permitted by the owner, with no voluntary waste, also brings about civil liability? Or does owner's permission remove liability? From the purport of some jurists' statements, it is implied that possession of others' property permitted by the owner does not bring about civil liability. Some other jurists have also stipulated that permitted possession enjoys a fiduciary nature. On the other hand, from the statements of some jurists in some cases, it is inferred that possession of permitted property brings about civil liability. In permitted possession, although the possessor possesses a property with owner's permission, he will be liable for it. Jurists' statements in terms of the fact that whether or not owner's permission negates civil liability is not thus much clear and self-descriptive. They differ in different situations and implications. In this research, types of (absolute, trust, liability) permission were dealt with and this result was obtained that absolute permission does not negate liability. Therefore, those who believe that absolute permission brings about trust possession or removes possessor's civil liability are not right. Yet, if possession is free of charge, with no compensation, the permission will not be liable. On the other hand, is has been reviewed that if permission is granted in trust, this type of permission will cause possessor's removal of civil liability and trust possession, whether this permission is granted in the form of determinate or indeterminate contracts. Manuscript profile
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  5 - Judicial Study in the Need of the First Wife's Permission for Remarriage
  Bibi Rahimeh Ebrahimi Ali Rhamani
  10.22034/ijrj.2017.535535
  One of the challenging problems in the area of ​​family law is the permission of polygamy and the dissent of the first wife. The permission of plural marriage for the men is accepted according to text of the Quran and there is no doubt about it. This paper has been inve More

  One of the challenging problems in the area of ​​family law is the permission of polygamy and the dissent of the first wife. The permission of plural marriage for the men is accepted according to text of the Quran and there is no doubt about it. This paper has been investigated the need of first wife's permission for man to marry again. In this regard, we have been studied the methods of argument to these two verses: (but if you fear that you will not do justice -between them-, then –marry- only one) and (and treat them kindly), possible conflicts of these verses with some other signs and determining the order of different forms of this marriage based on the principles outlined in Rule (La Dharar). This scientific investigation has used the library research paper and the method of descriptive-analytical. Manuscript profile
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  6 - Cases of the Loss of Virginity and the Elimination of the Father's Permission in Marriage from the Point of View of Jurisprudence and Law
  Abdullah bahmanpouri mohsen taslikh
  Islamic jurists and consequently the civil jurists have made the marriage of a virgin girl subject to the permission of the parents (vali). The question is whether the loss of virginity from the religious point of view is based on the removal of virginity by lawful mean More

  Islamic jurists and consequently the civil jurists have made the marriage of a virgin girl subject to the permission of the parents (vali). The question is whether the loss of virginity from the religious point of view is based on the removal of virginity by lawful means. Or does it affect the disappearance of the virginity with factors such as adultery, vati be shobhe, illness, and also sibobat (loss of virginity)? This gains more significance when we consider that Article 1043 of the Civil Code allows the marriage of a virgin adult girl subject to the permission of her father or paternal grandfather, but the code makes no reference to the above question and the causes of the loss of virginity. The present study uses a descriptive-analytical method. On the basis of the Book and Tradition and an examination of the the sayings and fatwas of early jurists to contemporary ones based on the needs of society, especially judges and marriage registrars and an expertise approach, this study has chosen the fulfillment of sibobat (deterioration of virginity) based on legal sextual intercourse (vati). By studying and criticizingdifferent views and according to different narratives (revaiat), it has chosen the idea of fulfilling the loss of virginity (sibobat) with a marriage based vati, so that from the religious point of view, the virginity disappears only in case that the virginity has been destroyed by a documented marriage vati. Therefore, the fulfilment of sibobat and consequently the elimination of the vali's permission depend on the marriage in which insertion took place and led to the loss of virginity. Manuscript profile
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  7 - Critical analysis of the jurisprudential theory of the lack of effect of permission after rejection in a nosy contract
  hojat AZIZOLAHI
  According to the authoritative texts, one of the conditions for the transfer of property to another property is the owner's consent; Therefore, since this consent is not clear in the nosy contract; The holy law considers the validity of this contract dependent on the pe More

  According to the authoritative texts, one of the conditions for the transfer of property to another property is the owner's consent; Therefore, since this consent is not clear in the nosy contract; The holy law considers the validity of this contract dependent on the permission of the owner; The jurists have stated conditions for the influence of this permission; Some of these conditions are coincidental, and in others there is a difference of opinion between the jurists, which includes the non-precedence of rejection of permission; The famous jurists have considered the requirement of this condition and in this regard they have relied on evidence such as consensus, the decline of the title of marriage, the rule of subordination and the principle of companionship; Article 250 of the Iranian Civil Code also follows the famous jurists in this case; The present study, using descriptive-analytical method, first deals with the controversy in the evidence of this theory, and then by insisting on the Saheeh of Muhammad Bin Qais and explaining the nature of transactions and the discovery of permission, it finds this requirement invalid; Therefore, it seems necessary to revise and amend the mentioned article. Manuscript profile