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Open Access Article
1 - The legal status of children out of wedlock in Iranian law and Imami jurisprudence
esmat savadi mahboub ghorbaniChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are dee MoreChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are deemed legitimate, like the children born after mistaken intercourse, they shall enjoy the rights appertaining to the legal and legitimate children. But in case they are deemed illegitimate children, like those who are born through adultery, their lineage shall be considered unlawful and illegitimate according to the legal view. Following the Emamieh jurisprudence, as mentioned in article 1167 of the Civil Code of the Islamic Republic of Iran, a child born through adultery shall not belong to the adulterer. This concept means that the law overlooks the natural descent of the illegitimate child, as well as the legal effects of the relationship such as guardianship, custody, maintenance, and legacy. So the rights and duties laid down in the law for the children shall only include the legitimate children. Now this fundamental question arises that where the illegitimate children stand in our legal system and who is responsible for their financial and non-financial rights? This thesis investigates the children born out of the marital relationship as well as their rights and it aims at proposing appropriate suggestions in concert with the equality of the rights of the children in question with those born in a marital relationship. Key Words: Legal Status, Children born through adultery, Left infant, Children born after mistaken intercourse, Children born after artificial insemination, Law of Islamic Republic of Iran, Emamieh Jurisprudence Manuscript profile -
Open Access Article
2 - A Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami Jurisprudence
Seyed ali Rabbani mousaviyan Alireza MillaniA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. There MoreA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. Therefore, this study aims to use a descriptive and analytical method to comparatively study the punishment of murder, the conditions and quality of its execution in the two religions.The results of the research indicate that although proving the intentionality of murder under Jewish law seems more difficult than Imami jurisprudence, in Jewish law the same amount as proving the absolute crime of murder (intentional and unintentional)Its punishment will be life imprisonment only, and other punishments are an exception to this sentence. In terms of circumstances, there are several differences in the criminal law of the two religions.Keywords: Murder, conditions of punishment for murder, punishment of deprivation of life, Jewish criminal law, Imami jurisprudence. Manuscript profile -
Open Access Article
3 - Studying the Feasibility of Extending the Legal Titles in Imamyeh Jurisprudence to Include Ethics Functions
Mahdeyeh Hajaliakbar ebrahim yaghouti Zahra FehrestiAbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should MoreAbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should be derived from and operationalized by Sharia. Through studying jurisprudential and legal rules, jurisprudents and lawyers identified the concept of good ethics and considered it as a rule to restrict the will of individuals in protecting social expediencies. Although, there are theories for or against if there is some relationship between law and good ethics, but a use of good ethics by a legislator in legislation suggest the fact that ethical dos and don'ts in the sacred Islamic Sharia in social domain can be used as a base for legislation in many legal cases. The present research tried descriptively and analytically to answer this question, “Can Islamic law be extended to include good ethics?” By considering the mentioned cases, the results showed that Imamyeh jurisprudence allows for good ethics considered in Quran and Islamic narrations to be used in making legal acts. Manuscript profile -
Open Access Article
4 - Evaluation and comparative analysis of mudarabah papers based on the standards of Shafi'i and Imami jurisprudence
ABDOLAZIZ MIRANI fereydoon rahnama seid abas mousavian Mahdi Madanchi Zaj Mohammad Adel ZiaeiOne of the most important challenges for Islamic financial engineers is to pay attention to the differences between religions in Islamic countries, including Iran, and plan to discover the differences, resolve legal ambiguities, and finally lay the groundwork for increa MoreOne of the most important challenges for Islamic financial engineers is to pay attention to the differences between religions in Islamic countries, including Iran, and plan to discover the differences, resolve legal ambiguities, and finally lay the groundwork for increasing public participation in various financing projects. The importance of the present research is to resolve the legal ambiguities and doubts in order to increase participation in the financing of Mudarabah bonds. The lack of financial research in Iranian Sunni jurisprudence in connection with the issue of Mudarabah bonds, the population and the high economic and development potentials of Iranian Sunnis, as well as the potential ability to participate in various financing projects by this special segment of the Iranian society, from It is one of the necessities of conducting the present research. . Therefore, in this research, with the aim of reducing the jurisprudential doubts of the Iranian Sunnis, from the two perspectives of Shafi'i and Imami jurisprudence, the Mudarabah papers were examined and analyzed jurisprudently, in order to clarify and resolve its jurisprudential ambiguities, in fact, the present study seeks to answer this question. What are the similarities, differences and the percentage of jurisprudence and difference in Mudarabah papers based on the standards of Imamiyyah and Shafiiyyah jurisprudence. The main approach in this research is a comparative approach. In order to analyze and issue jurisprudence in Imami jurisprudence, the document analysis method (documents and approvals of the Jurisprudence Committee of the Stock Exchange Organization) has been used, and in connection with Sunni jurisprudence (Shafi'i jurisprudence), in-depth interview and focus group methods have been used, a statistical sample It includes 9 experts of Shafi'i jurisprudence. The results of the research show that the similarities and common points of jurisprudence are very high and the percentage of jurisprudence and jurisprudence in the two jurisprudence systems of Imamiyyah and Shafiiyya in relation to Mudarabah papers is at a very high level (100%), which is important. It can be the basis for increasing the participation of Iranian Sunnis in projects related to Mudarabah bonds and other Islamic securities issued in Iran. Manuscript profile -
Open Access Article
5 - A Comparative Study of Trickery, Examples and Ways to Deal with it in Imamiya Jurisprudence and Iranian and French Law
Babak Mohammadi Ghahfarokhi Davoud Nasiran (corresponding author) Masud ShiraniA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in orde MoreA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in order to acquire rights for the unjust in ways that are against the nature of the law, and in the term of French law, it means a shrewd act in which, by using the hidden defects of the law, a person seeks to perform a seemingly legal act. These different definitions have caused differences in examples of trickery and of course the solutions to deal with it. The present study is carried out through a descriptive-analytical method and tries to answer questions such as "What is the trick, examples and solutions to deal with it in Imamiya jurisprudence, Iranian and French law?" Examples of trickery in Imamiya jurisprudence are divided into three categories: Examples of real positive and legitimate tricks; examples of real negative and reprehensible tricks; Examples of formal tricks. Examples of tricks in Iranian and French laws can be divided into two parts: examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imamiya jurisprudence, there is no countermeasure for permissible tricks, but two solutions are proposed for haram (forbidden) tricks including the moral solution that means piety and the jurisprudential solution which means ruling on being haram (forbidden). The solutions to deal with trickery in Iranian law are the theory of motive or direction; the theory of good faith; the theory of preventing the abuse of the right; the theory of public order; the principle of compliance of the contract with the intention; the base of the arms; the principle of Sad Zaraye (avoiding doing harms), the principle of “Yu’amil al-Mukalaf bi Naqiz Maqsoudah”. Regarding the solutions to deal with trickery in French law, it is possible to refer to the strategies including implementing the laws of the European Union, establishing various institutions to fight trickery and fraud, identifying points covered by the law by digital technologies, determining case and subject laws, determining the punishment in the criminal laws. Manuscript profile -
Open Access Article
6 - Investigating the criminal responsibilities of carriers of infectious diseases due to negligence from the perspective of Imami jurisprudence with an emphasis on the corona virus
Zaman Sandoghdar Reza Abbaspour (corresponding author) Seyed Mohsen RazmiSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) MoreSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) and sometimes the level of its spread becomes global (Pandemic). )). Facing each of these cases requires different health arrangements and requires different legal rules and planning. Dealing with the disease in the national arena requires a model consisting of coordinated, targeted and legitimate measures. This model is formed in paradigmatic structures based on many philosophical, legal and ethical principles and is designed according to the social structure of each society. What is needed to design the model is the explanation of basic rights and values that must be supported, and the other is the explanation of the goal and purpose in carrying out activities and programs and designing processes. All this is in an inherently variable state; Therefore, from the moral and legal point of view, the question is, which human rights has been threatened and endangered by the disease with the characteristics of Covid-19, and what is the justified set of behavior considering the contagiousness and the spread that has occurred or is occurring? It should be done in return to achieve the goals of control and health provision. According to the rule, for such a model, various goals may be considered for the patient and the disease, and accordingly, various behaviors can be envisioned to achieve these goals. Moral and legal norms will determine the limits of behavior. As a result, it may be effective to implement a program or behavior in the face of illness, but it is not justified in legal and moral terms. Manuscript profile -
Open Access Article
7 - An Examination of the Evidential Value of Testimony in Imamiya Jurisprudence and Iran's Legal System and the Impact of Psychological Factors on Testimony
Heidar Fatahi (Corresponding author) Ruhollah Sepehri Abbas PahlevanzadehThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadith MoreThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadiths narrated from the pure and infallible Ahl al-Bayt, as well as the companions of the Prophet Mohammad, there is a lot of emphasis on this. In some cases, there are differences of viewpoints among Islamic denominations regarding the conditions of the witness. For example, there is a difference in the testimony of a child, but there is consensus among jurists in the area of reason and legitimacy of the person. On the other hand, the impact on the legal concept of testimony is also something that cannot be hidden, which has received special attention in recent decades. Of course, in the legislative system, this important issue has not been taken care of as much as it should be, but psychological needs have caused legal scholars to deal with this issue. This is because the impact of some factors such as mental habits, age, race, personality, feelings, and emotions on the testimony is so important that it can cause irreparable damage. Manuscript profile -
Open Access Article
8 - Analysis of Punishments of Child from the Perspective of Shiite Jurisprudence
Ehsan Aliakbari Babookani Reza Abaaspor Hossein NaseriShiite jurisprudence is not prohibited the punishment of child ingeneral. But due to certain circumstances, the ban is lifted.However, the preliminary sentence of child punishment is sanctity,only have some exceptions in specific circumstances. Exceptions ofchild punish MoreShiite jurisprudence is not prohibited the punishment of child ingeneral. But due to certain circumstances, the ban is lifted.However, the preliminary sentence of child punishment is sanctity,only have some exceptions in specific circumstances. Exceptions ofchild punishment is under tow general term including discretionarycorrection and correction. Although most of the Islamic scholars didnot separate this two general term in the corporal punishment ofchildren, it seems necessary in some cases to separate these twogroups, because the cases, the conditions and many accessories ofthis tow general term are different and the separation of this towterm haven’t any significant practical results. Moreover, sinceIslamic scholars haven’t argued within the issue, many of the termsand conditions including corporal punishment of children, thequality, level and the persons who have the right of punishment hasnot been investigated in the texts of jurisprudence. Manuscript profile -
Open Access Article
9 - Permenant Forbidance and Its Examples in Iranian and Egyptian Law with Jurisprudence Approach
Zari Zamani Sayyid Abu al- Qasem NaqibiPermenant prohibition (Hurmat) of marriage is one of Islamicinstructions that the jurists have mentioned it as "causes ofprohibition" in their books and by which it is forbidden to marryparticular people for ever. In this case, laws of some Islamiccountries follow lawfu MorePermenant prohibition (Hurmat) of marriage is one of Islamicinstructions that the jurists have mentioned it as "causes ofprohibition" in their books and by which it is forbidden to marryparticular people for ever. In this case, laws of some Islamiccountries follow lawful commandments. By following ImamiehFegh (Imamieh jurisprudence) Iranian legislator have mentionedinstances of permenant prohibition of marriage with the title of"impediments to marriage". In this text, permanent impediments ofmarriage in Irania law (with a glance at ruling Fegh on Iranian law)in comparison to the law of Egypt has been studied. According tothe findings of this research, permenant prohibition of marriageenjoys a special position in the order of family rights because itplays a vital role in protecting families from collapse, keeping Traditions and on the other hand criticizing the pros’ proofsspecially through proving the correct ness of Dimān malām yajib, Ithas been endeavoured to define a criterion on strength of which canseek aremedy the diversity in other different extensions by makingclear precisely this kind of liability. Manuscript profile -
Open Access Article
10 - The Impact of Sex Change on Criminal Responsibility of Diy Payers
Saleh Ghafari Cherati Seyed Ebrahim Ghodsi Amin Radman Milad SheikholeslamiToday, the issue of gender change is also important in terms of legal and legal medicine. Given the fact that the legislator has not explicitly taken a decision on this issue, this is a leading challenge that can be addressed in the face of these issues. The ability to MoreToday, the issue of gender change is also important in terms of legal and legal medicine. Given the fact that the legislator has not explicitly taken a decision on this issue, this is a leading challenge that can be addressed in the face of these issues. The ability to respond to them has come. Among the issues that can be mentioned in this regard is the issue of responsibility for the payment of Diyat, which in some cases the right of retribution is obligated to pay dividends before retaliation. With this explanation, is it possible for the perpetrators of the right of qisas to have an effect on the criminal and gender mutilation of the crime before and after the crime in rejecting Fadhil Diyah in deliberate crimes as well as those who pay the Diyat in pseudo-intentional crimes and pure error? In accordance with Article 167 of the Constitution, in the case of the silence of the legislator, the judge is obliged to seek a proper ruling from authentic Islamic sources and can not refuse to investigate it on the pretext of silence and legal prosecution. With this explanation, various opinions and arguments in this regard have been made by the jurisprudents that some Absolutely, they consider the act to be unlawful; in contrast, some have also accepted the permission of the practice, which ultimately can provide a unique legal remedy for the adoption of a single action procedure. Manuscript profile -
Open Access Article
11 - privacy bill in terms of conformity with the Shiite jurisprudence principles
Ali Asghar Raoufi Mohammad Sadiq Jamshidi Rad Ali Reza PourbafraniThe issue of privacy is the important provisions in Islam and jurisprudence, which has a very high reputation, the privacy of its kind, is divided into material and non-material confidentiality, and scholars have issues such as the privacy of individuals, attention and MoreThe issue of privacy is the important provisions in Islam and jurisprudence, which has a very high reputation, the privacy of its kind, is divided into material and non-material confidentiality, and scholars have issues such as the privacy of individuals, attention and considered in the profound jurisprudence. Therefore, the eighth Government of the Islamic Republic in 1386 revised the privacy bill and surrendered to the Islamic Consultative Assembly. This research has been attempted to discuss the privacy bill, which has several headings: physical privacy, places and houses, personal information on media activities, communication, at work, and responsibilities arising from privacy violations and the principles governing it. In this regard, the present study introduces the principle of non-velayat, اصالة, and the principle of human dignity as the principles governing the privacy Bill, as well as the prohibition of disclosure, the need to pay attention to human dignity and to abstain from tyranny as relevant privacy issues. Manuscript profile -
Open Access Article
12 - The option of what which Depreciates in a day in Imamiyeh
Ezatollah BarkhordariIn the case the customer, in sale contracts, does not pay the consideration to the seller within three days since the date of transaction, provided that other conditions are present, the seller will be entitled to the option of delayed payment which enables him to cance MoreIn the case the customer, in sale contracts, does not pay the consideration to the seller within three days since the date of transaction, provided that other conditions are present, the seller will be entitled to the option of delayed payment which enables him to cancel the sale. However, in the case the object of sale is considered among the goods which depreciate within the first three days of the transaction, the seller must be provided with an option prior to the expiry of three days, so that he/she is enabled to compensate the loss by administering the mentioned option. The above-named right of cancellation is known as 'the option of what which depreciates in a day' in Jurisprudence, and is accounted for in the Civil Law; article 409, in the regulations pertaining to the option of delayed payment. The mentioned option is not of an independent nature but an aspect of the option of delayed payment, therefore the entire conditions of its applicability (except for the time period upon which the seller will be entitled to it which is different according to the type of the object of transaction), effects, laws, and regulations are identical to those of the option of delayed payment. Manuscript profile -
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13 - CIVIL WOMEN’S RIGHTS FROM THE PERSPECTIVE OF JURISPRUDENCE AND LEGISLATION
Foroozan Alaie Novin Zeynab Esmaiel PourCitizenship rights is one of the important subjects of interest to different law schools,and ensuring that the rights of citizens possibly placed on government abuses is enjoying the special sensitivity. In some cases,the other discriminatory laws have been im MoreCitizenship rights is one of the important subjects of interest to different law schools,and ensuring that the rights of citizens possibly placed on government abuses is enjoying the special sensitivity. In some cases,the other discriminatory laws have been imposed and considered by governments regarding the sex ratio of their citizen;inevitability human conscience cannot be indifferent about them. In this article,women civil rights has been studied from the perspective of constitution and international conventions and quran. However,rejecting the discrimination and establish equal rights have been granted in all of these treaty. Nevertheless,the basic from of wrongful is the concept of discrimination in this convention. From the point of convention writers equity in rights is similarity,which in the nature of these belief,it is not true. Whereas,the equality means equality and uniformity is the monotonous.Discrimination between men and women is rejected and denied in islam and islam accepts the equality. Manuscript profile -
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14 - Studying the Divorce Right of Women in Imamiyeh Jurisprudence
Foroozan Alaie NovinFamily plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divor MoreFamily plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divorce right as the right for men and leave some exceptions for women. The present article studies the different points of view of jurisprudents on the right of divorce in the cases that this right is given to women such as power of attorney to other than wife, when both wife and husband desire to divorce (Osro Haraj). Manuscript profile -
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15 - Seeing moon in the current era
sedighe Mosadegh sedghiDeterm ining the first day of lunar months is all important thing to do specially tor performing religious duties.So determining the first day of' 'shavwa" has the great importance in comparison to the other months due to being dubious about do.ng two obligatory and for MoreDeterm ining the first day of lunar months is all important thing to do specially tor performing religious duties.So determining the first day of' 'shavwa" has the great importance in comparison to the other months due to being dubious about do.ng two obligatory and forbidden things-fasting on the last day of Ramadan and breaking: it on the first day of Shavwal.Determining the first day ofShavwal is one of the religious subjects and it is the duty of followers of that rei igion but due to being unable to investigate personally in this field.they usually refer to their religious authorities The jurists and astronomers have constantly attempted in the field of determining the first day of Shavwal Regarding the credit that lmamye jurisprudence has given to the meditative method and referring to the experts in all fields.v.e can nut neglect the importance of jurisprudence and astronomy cooperation on determining the first day of Shavwal. l ndeed.astronorners opinions can be :11 the service of religious authorities to lessen the probability of error.The current research is tr) ing to pace "long with these two sciences while offering solutions trorn jurisprudence and astronomy science. Manuscript profile -
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16 - تاملی بر سیاست کیفری جمهوری اسلامی ایران نسبت به جرائم زیست محیطی در پرتو آموزه های فقه امامیه
محمد حاجی قاسمی اردبیلی علیرضا میلانی -
Open Access Article
17 - wife's alimony in Imamiye's jurisprudence and Civil Low of France
farideh asghari Hamid Kaviani fardتبیین مبانی، اسباب، شرایط و احکام نفقه زوجه و تشریح برخی از ادله آن میتواند تصویری روشن از اصل تعادل، عدالت و تناسب را به جامعه عرضه کند. این نوشتار به دنبال بررسی تطبیقی نفقه زن در فقه امامیه و حقوق فرانسه است. مسئله اصلی این پژوهش مبانی و چگونگی وجوب نفقه، شرایط اسقا Moreتبیین مبانی، اسباب، شرایط و احکام نفقه زوجه و تشریح برخی از ادله آن میتواند تصویری روشن از اصل تعادل، عدالت و تناسب را به جامعه عرضه کند. این نوشتار به دنبال بررسی تطبیقی نفقه زن در فقه امامیه و حقوق فرانسه است. مسئله اصلی این پژوهش مبانی و چگونگی وجوب نفقه، شرایط اسقاط نفقه، معیار تعیین مقدار نفقه و آثار ترک انفاق وضمانت اجرایی آن در فقه امامیه و حقوق فرانسه است. از این رو در این نوشتار تلاش شده است با روش توصیفی که با توجه به ماهیت و نوع مطالعه «تطبیقی»، در چهار مرحله توصیف ، تفسیر ، همجواری و مقایسه انجام می-پذیرد، پاسخ مسائل اصلی پژوهش ارائه شود.این پژوهش تطبیقی، افزون بر ارزش علمی آن، میتواند راهی برای ایجاد تفاهم و نزدیکی آرای ملل و بسترساز نزدیکی آنان و جلوگیری از تعصب کورکورانه و امکان قبول آرای مخالف و باز کردن راه اجتهاد روشمند از طریق آشنایی با آرا و ادله مخالفان باشد و تأثیر بهسزا و مفیدی در شکلگیری قوانین متقن و کارآیی و جامعیت قابل توجه، نظامهای حقوقی داشته باشد. Manuscript profile -
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18 - Child custody from the perspective of Jurisprudence
احمد مرادخانی سیده طوبی هاشمیAbstractIn addition Brshyr children to continue their lives has another mother in need of care. This care should in normal circumstances by the person who most emotional bond to the child, be done. This is to ensure that the custody issue. It is said that in its definit MoreAbstractIn addition Brshyr children to continue their lives has another mother in need of care. This care should in normal circumstances by the person who most emotional bond to the child, be done. This is to ensure that the custody issue. It is said that in its definition: Custody means the administration of life and to protect and nurture the child until that child needs protection and nurturing.Children under the custody of healthy people and deserve time to come. So in Imami to certain conditions considered responsible for the custody has the right and duty to be performed properly. Custody means the administration of life and to protect and nurture the child until that child needs protection and nurturing.Children under the custody of healthy people and deserve time to come. So in Imami to certain conditions considered responsible for the custody has the right and duty to be performed properl Manuscript profile -
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19 - Refresh defects and diseases caused men to terminate the contract From the perspective of Sheikh Ansari With an eye to the views of Imam Khomeini and martyr Thani
سید حسام الدین حسینی کیا احمد مرادخانیSeparation of couples from each other, one of the most important issues in Islamic jurisprudence. This separation occurs in two major forms: a) divorce b) termination. Terminating in religious books as the "fi led Alkhyar" is examined.That the god way to compensate for MoreSeparation of couples from each other, one of the most important issues in Islamic jurisprudence. This separation occurs in two major forms: a) divorce b) termination. Terminating in religious books as the "fi led Alkhyar" is examined.That the god way to compensate for damage arising from any defect in the disease and predict each of the spouses has the right to terminate the contract which fixes its losses.Some specific diseases and defects and the rest is shared between couples. What is examined in this article only men are defects and diseases.And ponder what has been mentioned in the written opinion regarding different kinds of defects and diseases Sheikh Azzam Ansary men with a look at the opinions of Imam Khmyny, has a thorough understanding of the author and contributors to the field in the license terminate the contract for cause.Keywords: marriage, termination of marriage, illness, deceit, Jurisprudence. Manuscript profile -
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20 - thr role of interest in Faryqeyn
mojtaba mohamadi سید محمد شفیعی مازندرانیEach issue without regard for the interests and corruption is something aborting., has complications that sometimes differences of opinion among scholars on the concept and its various manifestations arise.Interest, dedicated to Islamic jurisprudence, is also an importa MoreEach issue without regard for the interests and corruption is something aborting., has complications that sometimes differences of opinion among scholars on the concept and its various manifestations arise.Interest, dedicated to Islamic jurisprudence, is also an important element in Western schools, and even infrastructure is efficient. In Islamic thought, word comes of interest in two independent domains, the field of theology (such as whether to issue rulings based on the best interests first?) And Fiqh (such as whether it can be inferred interest in Shari'a law be used ?). In this study, we have tried, in the interest of Shiite jurisprudence and Sunni areas of the collection.We hope that by explaining these cases, a step toward clarifying some aspects of interest to be removed from the jurisprudential point of view.Keywords:Jurisprudence, interest, Jurisprudence, Jurisprudence Sunni mursala materialsaa aa aaa aa a aa aaa aaaa aa aa Manuscript profile -
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21 - The right of Irtefagh the legality and its causes in Imami Fegh
عبدالله گوهری طالع اکبر ترابی شهرضاییچکیدهحقّ ارتفاق به معنای مشروعیّت تصرّف مالک زمینی در مِلک دیگری است تا با این تصرّف از مِلک غیرمنقول خود، بهتر استفاده نماید. چنین موضوعی با این ویژگیها در منابع فقهی متقدّم و حتّی متأخّر امامیّه، مطرح و مورد بررسی، قرار نگرفته است. حقّ ارتفاق به این معنا، از حقوق مدن Moreچکیدهحقّ ارتفاق به معنای مشروعیّت تصرّف مالک زمینی در مِلک دیگری است تا با این تصرّف از مِلک غیرمنقول خود، بهتر استفاده نماید. چنین موضوعی با این ویژگیها در منابع فقهی متقدّم و حتّی متأخّر امامیّه، مطرح و مورد بررسی، قرار نگرفته است. حقّ ارتفاق به این معنا، از حقوق مدنی کشورهای دیگر به منابع حقوقی و سپس کم و بیش در مطالعات فقهی، راه یافته است. البته حقوقی مانند حقّ انتفاع، حقّ اختصاص و همچنین، حریم شباهتهای با حقّ ارتفاق در استفادهی مالک زمین از غیرمِلک خودش، دارند ولی تفاوتهای مهمی هم با ارتفاق دارند و نمیشود بررسی آنها را در فقه، پیشینهی ادبیات حقّ ارتفاق شُمرد و به همین خاطر، از مشروعیّت مسلّم آنها نیز پُل زدن به این مسئله، براساس قواعد فقه امامیّه غیرروشمند خواهد بود. مهمترین، محور در این مسئله، بررسی مشروعیّت آن براساس رویکرد فقه امامیه است که با استفاده از عمومات دالّ بر حُسن معاشرت با همسایهها، استحباب تعاون بر کارهای خیر و سیره عقلا، میتوان آن را اثبات کرد. علاوه براین، چون حقّ ارتفاق به تنوع اسباب پیدایی خود، متنوع میگردد به تناسب مشروعیّت همین اسباب که در شکلگیری آن، مؤثر است، نیز میتوان استدلال کرد؛ یعنی با تمسک به عمومات ابواب معاملات، مشروعیّت انشاء حقّ ارتفاق در قالب عقود و یا ایقاعات، اثبات می شود. Manuscript profile -
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22 - The relationship of human dignity and its impact on the formation of consumer rights in Imamieh jurisprudence And the laws and regulations of , govermental discretionery punishments با برنامه Google بگویید «Translate love into French»/«ترجمه عشق به فرانسوی». نه، متشکرمبرنامه را امتحان کنید به زبان دیگری با افراد صحبت کنید. نه، متشکرمبرنامه
arsalan miri جلال ایران منش ابراهیم تقی زاده جلال سلطان احمدیIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the princ MoreIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the principles Correct Islam leads to the maintenance of human dignity. Therefore, in this regard, it is necessary to lay down rules and regulations for the correct way of consumption and consumerism, through their explanation, the human principles of Islam and, in particular, its human dignity. The author attempts to investigate the role and relationship of human dignity and consumerism in Imami jurisprudence and its related laws, in particular the laws and regulations of government sanctions. The method of research in this article is a descriptive-analytical method which, based on the books and articles, has tried to analyze all aspects of the subject. The results of this research show that paying attention to the proper use of the dishes, the maintenance of human dignity and other values that human beings give us human beings. Manuscript profile -
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23 - The feasibility study of access to a common governance pattern among Islamic religions, with an emphasis on the role of the people
Mohamad Ahangaran Mohammad BeiroutiIslamic countries have the potential to converge in governmental jurisprudence; given the lack of divine sovereignty and the acceptance of the right to vote, explaining a common paradigm for electing a ruler seems a necessity.To elaborate on a common government model, f MoreIslamic countries have the potential to converge in governmental jurisprudence; given the lack of divine sovereignty and the acceptance of the right to vote, explaining a common paradigm for electing a ruler seems a necessity.To elaborate on a common government model, first the Sunnis presented templates include (forming salinity, marriage, intercession, conversion) executed by the people's allegiance, and of the three contemporary political ideas of Shi'a jurisprudence, two models (the Velayat-e Faqih and the Electoral Theory). We have put forward the theory of appointing a governor of the jurisprudence) for the ruling party. Salinity is endorsed by Islamic religions as a common paradigm (regardless of the foundations of formation).The patterns presented in the Islamic community's exponential balance have been explored in terms of corruption and corruption. Among all the patterns of government, there are materials and purposes that can be ignored; creating salience for the ruler.The challenge with which the pattern of shared government is in clear conflict is the acceptance of "sovereignty" and "supremacy" in Islamic societies. In the "domination" model, the government in Islam is presented as chaos, and in the "domination" model, in fact, the will of the people is impassable for the ruler. Manuscript profile -
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24 - A Glance at "Analogy" in the Sunnite and Imamiyyah Jurisprudence
Abolfazl AlishahiSunnis have recourse to "Analogy" (Qias) in their jurisprudential argumentation and generally regard it as a criterion, while Shiite jurists do not have an optimistic view about "Analog", though they have sometimes excluded some examples of analogy prohibited by t MoreSunnis have recourse to "Analogy" (Qias) in their jurisprudential argumentation and generally regard it as a criterion, while Shiite jurists do not have an optimistic view about "Analog", though they have sometimes excluded some examples of analogy prohibited by the legislator; however, the general viewpoint of Shiite jurists towards "analogy" is negative. "Analogy" is the inference of a partial religious decree from another. In other words, in a decree, one part is overgeneralized to another part. The question to be answered is whether the Imamiyyah Shiite negate the "analogy" wholly or accept it partially. This research, upon a survey of the Sunnite and Shiite viewpoints, has come to the conclusion that in Imamiyyah Shiite, some sorts of "analogy" are accepted in practice, in line with Sunnis. Manuscript profile -
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25 - A Comparison between the View of Imāmiah Fiqh and the Four Schools of Thought about Dissection of the Corpse
Mohammad Mehdi Habibi Alireza Asgari Seyyed Hasan AbedianThe purpose of the present research is jurisprudential study of dissection of the corpse condition in Imāmiah Fiqh compared to the four schools of thought. The method of study is descriptive-analytic and the results showed that the Sunnis have also admitted dissection o MoreThe purpose of the present research is jurisprudential study of dissection of the corpse condition in Imāmiah Fiqh compared to the four schools of thought. The method of study is descriptive-analytic and the results showed that the Sunnis have also admitted dissection of the corpse according to requirements. The Shāfe’is hold the closest view to Imāmiah Figh about dissection of the body. The Māleki school has adopted stricter views with respect to corpse corruption. The Hanbalis believe that transportation of the corpse from a city to another for dissection is forbidden. The Hanafis have allowed a limited time for dissection after which the dead body must be buried. Therefore, it is concluded that except in exceptional circumstances, Imāmiah Fiqh and the four schools of thought have common views about dissection of the corpse. Manuscript profile -
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26 - A Comparative Survey of the Conflict between Principle and Apparent Condition in Imāmiyah versus ‘Āmmah Fiqh
mahdi abdar esfahani ehsan aliakbari mohammad ali heidariThe purpose of the present study is the comparative survey of the conflictic between principle and apparent condition from the view of Imāmiyah versus Sunni jurists. The method of study is descriptive-analytic and it aims to find an answer for this question: In the conf MoreThe purpose of the present study is the comparative survey of the conflictic between principle and apparent condition from the view of Imāmiyah versus Sunni jurists. The method of study is descriptive-analytic and it aims to find an answer for this question: In the conflict between principle and apparent condition in Islamic sects, does the first or the latter overrule? Considering different theories from Islamic jurists regarding the priority of either principle or apparent condition, this study has attempted to state the best theory through logical reasoning in this conflict. The main problem in this research is to reach the point that if apparent in apparent condition denotes circumstances and situations, it would not have the potency to overrule the principle because it is the evidence of absolute hunch and so apparent condition is left behind unless that is recognized as valid by religion. Thus, the view of some Shi’ite and Sunni jurists denoting the priority of apparent condition, in terms of expansion and justification of conjecture is nullified. The results indicate that most of Islamic jurists maintain principle overrules apparent condition although some scholars of the religious sects, based on the theory of hindrance, give priority to apparent circumstances. Manuscript profile -
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27 - -
محمد بیروتی mohamad ahangaran -
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28 - ربررسی فقهی و حقوقی قانون حاکم بر قراردادهای الکترونیکی
Mehdi Mohammadian Amiri علیرضا عسگری سید محمدمهدی احمدی سید حسن عابدیانمقاله ی حاضر به موضوع قانون حاکم بر قراردادهای الکترونیکی میپردازد؛ در هر قراردادی اعم از سنتتی ینا الکترونیکنیم م کنت اسنتمیان متعاملیت بر موضوعی از موضوعات آن قرارداد ایجاد اختلاف گرددم جهت حل اختلاف پدیند آمندلا مزا اسنت مهک نه بنر اسناقانونی به دادرسی پرداخته و به ف Moreمقاله ی حاضر به موضوع قانون حاکم بر قراردادهای الکترونیکی میپردازد؛ در هر قراردادی اعم از سنتتی ینا الکترونیکنیم م کنت اسنتمیان متعاملیت بر موضوعی از موضوعات آن قرارداد ایجاد اختلاف گرددم جهت حل اختلاف پدیند آمندلا مزا اسنت مهک نه بنر اسناقانونی به دادرسی پرداخته و به فصل مخاص ه بپردازد. مهل نزاع مقاله در جایی است که متعاملیت در قرارداد الکترونیکیم یکی ایراننی ودیگری خارجی باشدم ایت پرسش ایجاد میگردد: قانون حاکم بر حل مخاص ه در قراردادهای الکترونیکی کداا است؟ ایت کار پژوهشنیمنظری و از نوع تهلیل مهتوا است و با مراجعه به متابع فقهی و حقوقیم سعی در ارائهی پاسخی به پرسش مطروحه خواهیم بود. نتیجهیحاصله از ایت پژوهشم با استتاد به اصل حاک یت قراردادها و اصل حاک یت ارادلا و توافق متعاملیت بر موضنوع واحند و قاعندلا ی فقهنیاقداام قانون حاکم در جایی که متعاملیت از دو ملیت مختلف باشتدم قوانیت بیتال للی بودلا و در متت قنرارداد بایند اینت موضنوع تصنریگردد. اما در صورتی که متعاملیت توافق کتتد قانون یکی از آنها حاکم باشدم یا قانون دیگری را به عتوان قنانون حناکم معرفنی ن ایتندمه ان قانون به عتوان قانون مجری میان آنها خواهد بود. Manuscript profile -
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29 - تجسس از منظر فقه امامیه
محمد انارکی تودشکی مریم آقایی بجستانی محمد روحانی مقدم -
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30 - بررسی نظرات فقهی امامیه و اهل سنت در باب حکم طواف کودکان در حج
مهین راوند حسین احمری علی شیعه علی -
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31 - بررسی تاریخی نهاد حسبه در فقه امامیه و حقوق ایران
ذوالفقار حق پرست جواد پنجه پور سیامک بهارلویی -
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32 - مسئولیت انگاری ناشی از عملیات ورزشی از منظر حقوق مدنی و فقه امامیه
مصطفی باقری محمد ادیبی مهر احمدرضا بهنیافر -
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33 - A comparative study of the rule of negation of mustache from the point of view of Imamiyyah and Sunni jurists
Hossein Bakhshi shahrokh abadi Alireza Askari Seyyed Mohammad Mehdi AhmadiIn this research, it is devoted to the study of "the application of the rule of negation of mustache from the viewpoint of Shiite and Sunni scholars".The findings of the research indicate that the rules and principles of the Imami jurisprudence and the jurisprudence of MoreIn this research, it is devoted to the study of "the application of the rule of negation of mustache from the viewpoint of Shiite and Sunni scholars".The findings of the research indicate that the rules and principles of the Imami jurisprudence and the jurisprudence of the four Sunni sects regarding the issue of the rule of negation of the mustache, the principle of adherence to agreements and treaties, the rule of invitation, the rule of intimacy and brotherhood in relation to Islamic countries, peace Izzat Madar, the principle of preserving the system, Dar al-Islam and Jihad, and the viewpoints and points of view and the quality of reasoning were mentioned along with the mention of their evidence, and to reach the views of the jurists of the two religions, drawing rules and principles for it is very helpful.The results of the research showed that the Sunni experts said about the concept of negation of the mustache, the meaning of the negation of the mustache is the negation of proof and argument for the unbelievers on the Day of Judgment. Some said that it is negating the power that can destroy the government and the faith of the believers. Some said it is negation of enemies' rule; provided that they do not advise each other to falsehood, and give up evil deeds, and repent of their sins, and some have expressed another meaning. In Shia, according to Ibn Abbas and Yasa Hazrami, Manuscript profile -
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34 - Repentance in Iranian criminal law, Imamiyyah and public jurisprudence
دکتر حیدرنژاد ali forotaniAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Method MoreAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Methodology: This qualitative research made use of descriptive-analytical method and was library-based.Findings: Islamic schools have agreed on the fall of the afterlife punishment in case of repentance, but there are differences of opinion regarding the fall of the worldly punishment. Although public jurists have not paid attention to the quality and conditions of repentance compared to Shia jurists, differences are evident in some jurisprudence texts between the four Arbaah differences. Sunni jurists believe that repentance before arrest is the reason for the reduction of the punishment, but there are dissimilar opinion in other extreme crimes, because some people, citing verses, traditions and analogy of priority, have considered repentance as the reason for the reduction of other punishments, except for the punishment of muharibeh.Conclusion: From the point of view of the Islamic Penal Code of 2013, repentance only causes the fall of punishments that have the aspect of pure divine right and has no effect on the rights of people; therefore, in Qazf and Muharebeh, after proving and mastering the criminal, repentance does not cause the reduction and fall of the punishment. The legislator's innovation in separating punishment crimes according to the degrees of severity and weakness and punishment and accepting the effect of repentance only in light crimes lacks justified grounds and legal balances and is against Sharia rules and in the position of expression. Manuscript profile -
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35 - Gharari marriage and its effect on marriage from the perspective of imami and Hanfi jurists
jamshid Abdoyi Reza RanjbarContext and purpose: There are two general and specific readings about the rule of negation. For this reason, three jurisprudential views have been formed regarding the scope of the rule of negation of gharr: The first view considers negation of gharr as abbreviated to MoreContext and purpose: There are two general and specific readings about the rule of negation. For this reason, three jurisprudential views have been formed regarding the scope of the rule of negation of gharr: The first view considers negation of gharr as abbreviated to sale and lease, the second view considers barter contracts as subject to the provisions of negation of gharr, the third view accepts the application of the rule and negation . Gharar is considered necessary in all contracts. As a result of this disagreement, the question is whether gharar is prohibited from the marriage contract or not. Considering that there is a difference in the nature of the marriage contract among the jurists, the purpose of the present study is to examine the nature of the marriage contract and explain the effects of the Gharari contract in the view of Imamiyyah and Hanafiyyah jurists. Materials and methods: This research is of a theoretical type, the research method is descriptive-analytical, and the method of collecting information is a library, and it was done by referring to documents, books and articles. Ethical considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. Findings: The findings of the present research show that gharar is included in the dowry in the marriage contract and is not in the marriage contract itself, because the marriage is a contract that is not invalidated by the unknown exchange, and the Hanafi jurists include gharar in the dowry in a figurative way. have known that there is ignorance in the form of dowry. Result: To determine the position of gharar in marriage, we must first explain and specify the month of the marriage contract. There are two views in this regard. For they know A marriage contract is also necessary and necessary, in contrast to some people, considering the sanctity of the family institution and its importance, and the discovery of the legality of the marriage contract, it is not merely a contract of exchange, and it is not possible to exchange dowry, for example. Manuscript profile -
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36 - The criterion of violation of width and the way of protection against it in terms of Imamiyyah jurisprudence and Iranian laws
majid najafiAbstractDignity is used in two meanings in legal rules and regulations. The first meaning is the general meaning, which consists of repairing and compensating the damage caused by the lost dignity of a person. The second meaning is about the owner of a legal establishme MoreAbstractDignity is used in two meanings in legal rules and regulations. The first meaning is the general meaning, which consists of repairing and compensating the damage caused by the lost dignity of a person. The second meaning is about the owner of a legal establishment, which aims to express the legislator's respect for a person who has endured the sentence of the criminal and has shown that he is ready to enter the society by expressing decent behavior. It is a logical and rational rule that does not conflict with the constitution and the holy Sharia law and prevents the occurrence and repetition of crimes and encourages criminals to improve themselves. This institution originates from the principles and foundations of legal jurisprudence, which according to the ruling rules, should be searched for in valuable and unique institutions such as repentance and the rule of Jab.Key words: dignity, breadth, compensation methods, Imami jurisprudence. Manuscript profile -
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37 - The jurisprudential and criminological analysis of the violence of football spectators
Majid Aghaei ali saffaryThe present study, by describing violence and rapprochement, examines the views of biomedical criminologists and immigrant audiences in relation to the violence of football spectators. The basic issue of the violence of football spectators and the explanation of crimino MoreThe present study, by describing violence and rapprochement, examines the views of biomedical criminologists and immigrant audiences in relation to the violence of football spectators. The basic issue of the violence of football spectators and the explanation of criminological biology and jurisprudential theories about the violence of spectators in soccer is the suppression of biological views. The liberalism of transversalism Rationality and empiricism are the key to the attitudes of biocriminologists. Most of these opinions are related to the criminalization of individuals and the perceived violence of soccer spectators as a safety valve in the evacuation of instinctive devastating excitement which, if not evacuated to psychological illness, leads to the imamiyah, while paying attention to the material and emotional aspects of mankind and to eliminates the power of sports and non-violence. Soccer fans, with a keen heartbeat of respect for the wisdom of the people and the violence of the spectators, will be acceptable to the general government and the ambitions of the american ambassadors will be accepted.The Qur'an, as a human book and criminology as an anthropological science in the analysis of violence, can be a reflection of the thoughts of soccer fans to compensate for the criminological defects of violence. Manuscript profile -
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38 - the validity of absolute conjecture and its function in the new issues in terms of Imamiyah Jurisprudence
mohammad etemadi hormoz asadikoohbad Sayyed Hassan HosseiniAnalyzing the validity of absolute conjecture in response to the new issues in terms of Imamiyah Jurisprudence Abstract Absolute conjecture is a conjecture that there is no any definitive reason for the conjecture, including rational and narrated reason, except for th MoreAnalyzing the validity of absolute conjecture in response to the new issues in terms of Imamiyah Jurisprudence Abstract Absolute conjecture is a conjecture that there is no any definitive reason for the conjecture, including rational and narrated reason, except for the cause of the great obstruction; as there is no a particular reason for its lack of validity. The great obstruction means: At this time and the same time, it is impossible to obtain the knowledge of sentences and religious duties, because of the lack of access to the holy legislator and obtaining duty; on the other side, it is not possible to leave the duties; so, it is necessary to act based on conjecture and both basic and absolute conjecture have the validity. The current study considers absolute conjecture as the proof by this reasoning, and then, is concluded by expressing the jurisprudence approaches to the new issues and topics as follows: the advancement of science has caused the new issues in human life and wide and complicated social relations, that In the past, there were not these issues and relations and the effects of necessary laws, so the jurisprudent and the . Manuscript profile -
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39 - Jurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations
farideh tajfar Maryam Aqai Bejestani mohammad rohanyabstractJurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations The insoul of spirit into the fetus is the beginning of the inhalation of the divine spirit in the human body, Which is legally the source of important works. MoreabstractJurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations The insoul of spirit into the fetus is the beginning of the inhalation of the divine spirit in the human body, Which is legally the source of important works. Therefore, it is necessary to address the age of insoul of spirit into the fetus, That has been the subject of some religious law as well, and the scrutiny of the jurists seems necessary. Famous jurisprudents consider the age of the insoul of spirit into the fetus to be 4 months old. But there are opinions about five and six months. In this descriptive-analytical essay, the author, while examining the arguments of all subjects, considers Sheikh Mofid's theory of the insoul of spirit into the fetus to be strong at six months And by referring to the interpretative points of verses 12-14 of Surat al-Mumounon on the stages of creation, he brings the Sheikh's vote is close to reality.. Manuscript profile -
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40 - The nature and effects of Qa-Rar (risk) in transactions in Imamiyyah and Hanafi jurisprudence
Jamshid Abdovi Reza RanjbarQa-Rar in contracts and deals is a deal or a contract that is accompanied by risk, deceit, trickery, negligence, ignorance, deficiency, etc. The present study was conducted with the aim of explaining the nature and effects of Qa-Rar in Imamiyyah and Hanafi jurisprudence MoreQa-Rar in contracts and deals is a deal or a contract that is accompanied by risk, deceit, trickery, negligence, ignorance, deficiency, etc. The present study was conducted with the aim of explaining the nature and effects of Qa-Rar in Imamiyyah and Hanafi jurisprudence. Based on the research results; To realize the Qa-Rar in Hanafi jurisprudence; Gharr should be many and many, Gharr should be originally found in the contract, there should be no necessity and emergency for the contract, Qa-Rar should be in financial contracts. In Imamiyyah jurisprudence, for the realization of gharar in contracts; The fraud must be effective, the fraud must be effective in transactions, the fraud must be to the extent that the transaction is attributed to it, the fraud is effective in the validity of the transaction that is related to its case. Of course, the main difference between the two Hanafi and Imami schools of thought is related to the issue of necessity and urgency. Hanafi scholars believe that the sale of Qa-Rar is a sale that involves ignorance and danger, and the Holy Sharia forbids it and it is impermissible. In Imamiyyah jurisprudence, along with the prohibition of gratuitous contracts, they have also mentioned the sale of a distressed person and considered it abhorrent to deal with a distressed person. However, gratuity is prohibited in Imamiyyah jurisprudence, and if it is not to the extent that one can ignore it, It causes the cancellation of the transaction and contract. Manuscript profile -
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41 - Recognition of the Usage of Customs in the Jurisprudence System
khatereh shahinfard لیلا مهرابی راد Ali TavallaeiConvention is a source of subject laws so that we can consider many cases in the social order to be consequences of the common law or convention. A review of the early Islamic texts indicates that convention has been used as evidence for some minor jurisprudence rules, MoreConvention is a source of subject laws so that we can consider many cases in the social order to be consequences of the common law or convention. A review of the early Islamic texts indicates that convention has been used as evidence for some minor jurisprudence rules, and the theologians of the 2nd century AH have used it in their jurisprudence system. The present article takes a historical approach to review some functions of conventions in the jurisprudence system. The main difference between Imamieh and the Sunnite is the qualification of conventions in jurisprudence. In Imamieh convention is vastly applied to recognize the subject of rules and determine their concepts, limits, and instances. Implied significations are sometimes based on conventional requirements, and convention is always considered worthwhile as a clue to delimitations and determinations required by the jurisprudence expert. Moreover, exploration of jurisprudence based on the common law which is connected to the age of Innocent Imam (PBUH) can be a tradition. It must be reminded that the essential rules of reasoning and contention are discovered or confirmed on the basis of common law or convention.Key words: convention, common law, Sunnite jurisprudence, Imamieh jurisprudence, general custom, special custom Manuscript profile -
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42 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been consi MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate contract. Manuscript profile -
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Rasoul Hamidpour Razian رحیم وکیل زاده حسن موثقی -
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امیر امیدی شبیلوی علیا حمید عیوضی سعید حسن زاده دلگشا -
Open Access Article
45 - A comparative study of the causes of inheritance in “Imami-Shia” jurisprudence with Jewish religion
AliGholi Rashidi سید حسام الدین حسینیSince in the current era with the globalization of Islam, the intensity and speed of the enemies of Islam are increasing day by day and they have not given up any efforts to attack the body of Islam, it is necessary to explain and explain Islamic laws on the basis of ju MoreSince in the current era with the globalization of Islam, the intensity and speed of the enemies of Islam are increasing day by day and they have not given up any efforts to attack the body of Islam, it is necessary to explain and explain Islamic laws on the basis of jurisprudence. It arrives One of the biggest tactics of foreigners is to raise dubious issues in order to make Islam incomplete. Therefore, the comparative method between the Islamic laws of Iran and other religions is the best solution to eliminate doubts. Now the question that is raised is the causes of inheritance in “Imami-Shia” jurisprudence with the Jewish religion and the differences between those two religions. In the basic concepts of inheritance, Islam has many similarities with divine religions, including that the causes of inheritance in divine religions are common, descent and cause (based on kinship). In addition to lineage and reason, Jews also consider Tabani as the cause of inheritance. Adoption (adoptive child) was common even before Islam and was banned by the rules of Islam. The findings of the research indicate that in both religions there is a common point in benefiting from inheritance, in which a man is preferred over a woman and a boy over a girl. Of course, the intensity of this matter is much stronger in Judaism than in “Imami-Shia” jurisprudence. Manuscript profile -
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46 - تحلیل انتقادی تخصیص کرامت انسانی به مؤمن بر اساس فتوای برخی از فقهای امامیه
دکتر ثریا منیری -
Open Access Article
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عبدالحمید مفتخر مهران جعفری علی پورجواهری کرم جانی پور -
Open Access Article
48 - Net Marketing in Law and Jurisprudence of Iran
saeed atarzadeh mehdi jalilian adel sarikhaniNet marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, fi MoreNet marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, first, it is tried to introduce this set of marketing and explain the differences between salubrious and insalubrious one, then examine the salubrious one from the Fegh’s view which has been less studied before, and after that to criticize and examine salubrious net marketing sort from the Fegh’ view. Finally, the assumption that salubrious net marketing is impeccable from the Fegh’s view and can be a sort of Reward contract, and that salubrious one has miscellaneous drawbacks and is sinful and forbidden activity is established, and these two net marketing is precisely analyzed a piece from our criminal law system’s view. Manuscript profile -
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49 - The Passenger Prayer in Quadruplet Holy Stead from the Imamiah Jurists' Viewpoints
Sedigheh mosadegh sedghi ashraf ghanbariIt is clear that one hasn't decision to stay in a place for ten days‚ his prayer is fraction (QhÄsr). But in this subject is exception for example praying in Quadruplet Holy stead (MÄkah‚ MÄdinah‚ MÄsjÑ—d KÅ«fah‚ HaÑ—r Hosein) ‚ that in this occasion was v MoreIt is clear that one hasn't decision to stay in a place for ten days‚ his prayer is fraction (QhÄsr). But in this subject is exception for example praying in Quadruplet Holy stead (MÄkah‚ MÄdinah‚ MÄsjÑ—d KÅ«fah‚ HaÑ—r Hosein) ‚ that in this occasion was very logical debating. Wherever the words of Shiite Jurists in this subject is diverse so were studied the ambiguous words in this article. Undauntedly the fountain of those differences in verdicts of jurists in those subjects is in the variation of deduction from stories & proofs. The verdicts of jurists were cleaved to three groups. Some of them were believed to fraction of prayer & the other group was believed to end of prayer & the tertiary group was believe to option & rather to end of prayer in those places. So the opinions of any groups were culled after the study visionary deeds. Manuscript profile -
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50 - Judicial Study of Blood Money Considering the Present-time Conditions
Mahmoud Aghajani Ahmad Abedini mohammadali heidari Nadali AshooriThis research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or n MoreThis research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or not? Or is it logical that the slaughterer have arbitrary choice over these six forms of payment? According to Shiite Religious Jurisprudents’ fatwa and the Words, the blood money of manslaughter of a Muslim male is said to be in one of the six forms (camel, ox, sheep, Dirham, Dinar, Yamani Hilla). The most prominent Shiite religious jurisprudents believe that the slaughterer is free to choose among these said forms, but the results of this study shows firstly that these six forms of blood money payment are not valid at the present time, rather, what was intended by the religious lawgiver had been some amount of money determined by the Islamic ruler in accordance with Sharia’s references and the era’s conditions to be paid to the slaughtered in order to prevent the blood of a Muslim going to waste, secondly that the arbitrary choice of slaughterer in the form of payment is not logical at present conditions. So it is recommended that the amount of blood money and the arbitrary choice of the slaughterer be revised by the Shiite religious jurisprudents with religious deducing according to present time conditions. The method of this study is descriptive-analytical in which the necessary information has been gathered by studying The Words and reviewing some of the prominent Shiite’s religious jurisprudents verdict on manslaughter’s blood money Manuscript profile -
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51 - investigating the phenomenon land speculation take a look at imami jurisprudence
ROHOLLAH NIAZAZARI mahmoud ghauomzade saeid atazadehThe phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the pr MoreThe phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the property of natural and legal persons in any way is condemned under several verses and hadiths and in the words of jurists in the form of jurisprudential rules this issue has been written. Examining the provisions of well-known rules such as harmlessness, sanctity of false property, respect for Muslim property, pride, usurpation, etc., which are sometimes the basis of various laws in the financial, economic and social relations of the Islamic society, are the concern of the Shari'a. It also proves the necessity of studying and explaining efficient laws in this emerging issue in the first way. This article seeks to determine the undeniable necessities in the intellectual stream of Imami jurisprudence, the formulation of an independent crime, the mapping of the correct path of supervision, the identification of areas and openings for the expansion of this harmful phenomenon in society, which should be in the form of laws. The text should be revised and implemented by the legislator of the Islamic government with the utmost care and delicacy Manuscript profile -
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52 - Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader
Valiollah Hedarnejad Mahmod Jamal-aldin ZanjaniAfter the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the consti MoreAfter the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the constitution, it becomes clear that the withdrawal is meant to be the same as the so-called resignation which must be approved by the Assembly of Leadership Experts. However, the lack of anticipation of the mechanism for the resignation of the Supreme Leader, authority for its acceptance and its quorum in the Constitution and the internal regulations of the Assembly of Leadership Experts is a source of criticism. From the point of view of Imamiyyah jurists, leadership (velayah) is one of the categories of decrees, so it cannot be revoked and handed over and it is not possible for the ruler to resign. On the other hand, acceptance and continuation of the position of Velayat-e-Faqih is a religious duty. If the position of Velayat-e-Amr is determined in a single and specific person, the obligation of Velayat-e-Amr will be an imperative obligation and he can not refrain from continuing it. However, if there are numerous people who are qualified and leadership is not exclusively assigned to a specific person, and the resignation of the leader does not have a corrupt consequence in the maintaining of the system and is not against the interests of the Islamic society, after the approval of the Assembly of Leadership Experts, resignation of the leader is possible. A governmental study of the life of Imam Ali (PBUH) also shows that in the most difficult circumstances, as a divine duty, he was in charge of the Islamic society with strength, submission and leadership, and the doubt in his resignation from the government after the third caliph is lacking in prestige. There is no consensus among Sunnis on the permission and posibility of the caliph's resignation, but generally the permission to resign has not been accepted in the first place, and it is generally held that the resignation of the caliph is not permissible if there is no one to replace him. The caliph is restricted even among Sunnis. Manuscript profile -
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53 - Functions and territory of the people's participation and Non governmental organizations in the criminal prosecution process based on Imamiyah jurisprudence
rouzbeh asghari hasan hajitabar firozjaee Abolhasan ShakeriThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the crimi MoreThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the criminal justice system in preventing delinquency by resorting to unilateral and repressive approaches led scholars of the criminal rights to think about the policies of "non-intervention of criminal rights" or in its modified form, "limiting its intervention in the criminal process" and instead of that, introducing more people and social institutions.The conclusion of the research is that Iran's criminal justice system influenced by the developments of criminal sciences and inspired by the basics of jurisprudential and trusted by civil society and in order to take advantage of popular participation capacity and social institutions, proceed to predicting institutions such as criminal mediation, recognizing non-govermental organizations and alternative penalties.This matter in Imamiyah jurisprudence as the main source of Iran's criminal law has emerged obviously in all stages of criminal proceedings, even before conducting the criminal process. Manuscript profile -
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54 - Comparative Analysis of Self-defense in Imami Jurisprudence and International Law
Seyyed Hossein Hosseini Zandabadi Ahamd Abedini Nad Ali Ashouri Reza AbbasianDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deal MoreDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deals with the persecution of his soul, personality and reputation. Defending in Islamic jurisprudence and international law has such conditions as the adequacy of defense with danger, military and armed aggression. These two sources are looked differently in some cases. Islam in some cases not only defines the defense as a kind of right but an obligatory duty. And the martyr is introduced as a person who is killed in the defense of privacy. However, it emphasizes the right in some contextual interpretations. The convergence and divergence of the principles of Islam with the foundations of the West begin from this point which is debatable in this study. Manuscript profile -
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55 - Studying the Degree of Punishment, Discretionary Correction and Discipline of Child According to Shiite Jurisprudence
Nasrollah Shameli Ehsan Aliakbari Babokani Mohsen ShakeryShiite jurisprudence does not prohibited the punishment of child in general. But due to certain circumstances, the ban is lifted. However, the preliminary sentence of child punishment is sanctity, only has some exceptions in specific circumstances. Exception of child pu MoreShiite jurisprudence does not prohibited the punishment of child in general. But due to certain circumstances, the ban is lifted. However, the preliminary sentence of child punishment is sanctity, only has some exceptions in specific circumstances. Exception of child punishment is under two general terms including discretionary correction and correction. Although most of the Islamic scholars did not separate this two general terms in the corporal punishment of children, it seems necessary in some cases to separate these two groups, because the cases, the conditions and many accessories of this two general terms are different and the separation of these two terms hasn’t any significant practical results. Moreover, since Islamic scholars haven’t argued within the issue, many of the terms and conditions including corporal punishment of children, the quality, level and the persons who have the right of punishment have not been investigated in the texts of jurisprudence. Manuscript profile -
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56 - A Comparative Study of the Principles and Impact of Faith on the Validity of Witness in the Five Jurisprudences
Ali Khaleghi davood seify Qasem Islaminia,Testimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justic MoreTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justice systems, and especially Islam, have seen as necessary. One of these complex circumstances, which has various interpretations of the difference between Islam and Shi'a and Sunni faith. Assuming the other conditions of testimony, the concept of faith and its effect on the acceptance of witness testimony from the viewpoint of the two great Islamic sects, determines the quality of the encounters of the judicial system of Iran and other Islamic countries with intuitions that have a different religious or similar to the apparent opposition. A closer look at the Sunni and Shiite principles and documents reveals that there are differences between religions in the concept of faith and the rejection of the martyrdom of infidels and Christians. The Hanafi and Hanbali religions absolutely accept Christian and Jewish martyrdom among themselves, but other religions have only permitted the martyrdom of the People of the Book in their wills; Therefore, the main difference of opinion is in accepting the testimony of a Shiite. In this regard, Hanbali and Maliki, with their own definition of faith, have commented on the absolute rejection of Shiite martyrdom; But in contrast to the Hanafi and Shafi'i religions, they have taken a milder view. Among the Imami jurists, unlike the old jurists who categorically reject the martyrdom of the Sunnis, contemporary jurists consider the martyrdom of a Sunni to be valid; That such a theory is more in line with the basic criterion for accepting testimony, namely the ability to discover the truth and the degree of truthfulness in legal systems. This paper attempts to discover the Persian point of view of acceptance or rejection of martyrdom in those claims that exist between witnesses in terms of religious orientation. Manuscript profile -
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57 - A Comparative Study of the Principles and Impact of Faith on the Validity of Witness in the Five Jurisprudence
Ali KHaleghi davood seify GHasem Eslami niyaTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justic MoreTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justice systems, and especially Islam, have seen as necessary. One of these complex circumstances, which has various interpretations of the difference between Islam and Shi'a and Sunni faith. Assuming the other conditions of testimony, the concept of faith and its effect on the acceptance of witness testimony from the viewpoint of the two great Islamic sects, determines the quality of the encounters of the judicial system of Iran and other Islamic countries with intuitions that have a different religious or similar to the apparent opposition. A closer look at the Sunni and Shiite principles and documents reveals that there are differences between religions in the concept of faith and the rejection of the martyrdom of infidels and Christians. The Hanafi and Hanbali religions absolutely accept Christian and Jewish martyrdom among themselves, but other religions have only permitted the martyrdom of the People of the Book in their wills; therefore, the main difference of opinion is in accepting the testimony of a Shiite. In this regard, Hanbali and Maliki, with their own definition of faith, have commented on the absolute rejection of Shiite martyrdom; but in contrast to the Hanafi and Shafi'i religions, they have taken a milder view. Among the Imami jurists, unlike the old jurists who categorically reject the martyrdom of the Sunnis, contemporary jurists consider the martyrdom of a Sunni to be valid; That such a theory is more in line with the basic criterion for accepting testimony, namely the ability to discover the truth and the degree of truthfulness in legal systems. This paper attempts to discover the Persian point of view of acceptance or rejection of martyrdom in those claims that exist between witnesses and witnessee in terms of religious or religious orientation. Manuscript profile -
Open Access Article
58 - A Feasibility Study of Plurality of Authorities in the Age of Nations-States in the Views of Imamiyeh Jurisprudence and International Law System
Mahdieh Zarea KHormizi Sayyad Mohammad Haydari KHormizi Ebrahim YaghotiAccording to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authorit MoreAccording to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authoritative guardianship position, however, in the contemporary world, due to political considerations, an all-inclusive borderless guardianship of jurist over Muslims is challenged by international law system. Thus, the current research is an attempt to study the feasibility of the polarity of authorities in the age of nations-states and then develop a strategy which helps the goals of the guardianship system of jurists fulfilled. It is concluded that, there is not any inherent limitation in Imamiyeh jurisprudence for applying absolute authority but its feasibility beyond borders is challenged by political impediments (also called international legal system). Thus, considering these limitations, the theory of plurality of authorities is not only beyond the boundaries of flaw but also serves as the best strategy for fulfillment of new Islamic civilization. Manuscript profile -
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59 - Analytical Study of Severity to Proving Crimes in Fiqh Imamiyah
Soraya Moniri Rahim Vakilzadeh In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Is More In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Islamic Sharia tries, due to this remedy, to use the firmest reasons as positive reasons of crimes in order to, in the one hand, the vice and the ugliness which happen in the society to be hidden and reputation of people that is one of the purposes of Islamic Sharia to be reserved not to be stained and their sanctity no to be easily destroyed and their human generosity is reserved. On the other hand, the spreading corruption and ugliness are prevented in the society. It is because revealing and discovering crimes are accompanied with publishing related news. As a result, if the news about the occurrence of crimes are repeatedly published among people, the greatness of crimes are reduced and indecency and ugliness of crimes are cleared form their minds. As a result, this makes contamination to the crimes easy and simple and this is the most dangerous phenomenon which threatens the security and organization of the society. Manuscript profile -
Open Access Article
60 - Jurisprudential analysis of the grounds for the criminalization of holding the satellite equipments
Vahid Zarei SHarifThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurispr MoreThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurisprudential justification? The two categories of legal jurisprudence agreement and opposition was investigated and verified. The result was that holding the satellite equipments is not religiously prohibited, but sometimes needed. Therefore, its criminalization in general, is forbidding the Solomon of God, closing down the path of God, violating the principle of respect for people’s property and the limits of citizenship freedom, and as a result, it is forbidden. But the use of vulgar, obscence or blasphemous, and in general, illegal use of satellite technologies by seeing, hearing, reading, etc., if not causes illegimate harm or harass to another, is religiously prohibited, but not a crime, and if it causes illegimate harm or harass to another, it is both prohibited and crime, and in other cases, it is neither unlawful nor a crime. If the effects of illegal behavior is limited in the privacy of the offender, privacy is immune of criminalization. Manuscript profile -
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61 - Legal challenges against the principle of legality of crime and punishment in Iran in the light of Imamiyah jurisprudence standards
seyyed Ebrahid Ghodsi Mosayyed GHadami AzizabadSince Islam is a religion of mercy, punishing people without informing them of his commands and orders is against the mercy and dignity that God has placed in the nature of mankind. The conclusion is that in Islamic jurisprudence, especially Imamiyah jurisprudence, many MoreSince Islam is a religion of mercy, punishing people without informing them of his commands and orders is against the mercy and dignity that God has placed in the nature of mankind. The conclusion is that in Islamic jurisprudence, especially Imamiyah jurisprudence, many principles and foundations are available to the people from the side of the jurists and their inferences from jurisprudential sources regarding the prohibition of the punishment without notification and notice, such as "shamefulness of punishment without the declaration of law", "the presumption of innocence" etc. The purpose of this notice in modern criminal law is to ensure the peace of mind and preserve the human dignity of accused persons, so that in the shadow of this principle, on the one hand, they will not be condemned without reason and only based on suspicion and the other hand, their punishment under the disobedience of the judges should not be more than what they deserve. The scope and content of the principle of notifying the obliges of their obligations to punish them in Imamiyyah jurisprudence are certainly clearer and more comprehensive than the principle of legality of crime and punishment because the principle of stating the obligation is not only about issuing it but also about receiving it while in law, the principle of awareness is placed on the issue of law. In the criminal law of Iran, although this principle has been accepted in principle despite the rich source of Islamic jurisprudence, in several cases, especially in the Islamic Penal Code approved in 2013 and the regulations of the courts and special clerical courts approved in 1990 amended in 2005, it has been conspicuously ignored Manuscript profile -
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62 - The right of Shofeh in movable and immovable property indivisible in Imami jurisprudence
dawood nassiran mohammadreza kazemi nafchi sayyedmohammadhadi Mahdavi reza abbasianToday, according to the law and the opinion of some jurists, intercession is valid only in divisible immovable property and is not permissible in indivisible movable and immovable property. The present study was conducted by descriptive-analytical method and seeks to an MoreToday, according to the law and the opinion of some jurists, intercession is valid only in divisible immovable property and is not permissible in indivisible movable and immovable property. The present study was conducted by descriptive-analytical method and seeks to answer questions such as; "What is the jurisprudential ruling of intercession on movable and immovable property, which cannot be divided according to the four jurisprudential arguments in Imami jurisprudence?" In the verses of the Holy Qur'an, intercession is not used in its idiomatic sense. The narrations of the second category do not have the ability to conflict with the narrations of the first category in terms of authenticity. Regarding the reason of reason, it should be said that the existential nature of preference is based on three principles; The first principle; The no-harm rule is the second principle of the sanctity of the Muslim property and the third principle is the related rule. Manuscript profile -
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63 - تاملی بر سیاست کیفری جمهوری اسلامی ایران نسبت به جرائم زیست محیطی در پرتو آموزه های فقه امامیه
محمد حاجی قاسمی اردبیلی علیرضا میلانی -
Open Access Article
64 - Investigation of false mysticism from the perspective of Imami jurisprudence
marziyeh shafiee Faezeh MoqtadaeeAbstract: In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this resear MoreAbstract: In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this research, which was carried out with a descriptive-analytical method, along with the introduction of emerging mysticisms, jurisprudence and methods of dealing with these deviant currents were discussed. The findings of the research indicated that false mysticism is a way and method or a school that moves in a direction other than reaching true perfection by using mystical methods. Emerging false mysticisms with belief in manifestations of disbelief and atheism, such as dissolution, reincarnation, assignment, immorality, and some of the principles and branches of the holy religion of Islam, have arisen in conflict with the holy religion of Islam. False mysticism, unlike true mysticism with wrong methods, entertains people with worldly and imaginary affairs instead of reaching the truth of the world and God of existence. According to the famous opinion of the famous Imami jurists, there is no Shariah permission for the activity of false mystics. Also, the basics of fighting against false mysticism, "apostasy", and "heresy" are found in the Holy Qur'an and inspired by the life of the Great Prophet (pbuh) and the Imams (pbuh). Manuscript profile -
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Marziyah Dashti Qarih Tappeh Yuness Wahed Yarijan Fahimah Malekzadeh -
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66 - The effects of the dissolving condition in the legal system of Islamic countries according to Imamiyeh jurisprudence
hosein gafari samet mahshid sadat tabaei javad niknehadField and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual w MoreField and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual ways to balance the rights of the parties is to use It is a dissolving condition, which as a condition of the void condition, is a kind of suspension condition in which the dissolution and rescission of the sale is suspended until the occurrence of an accident (usually non-payment of price). The question that is very important to answer is what are the effects of including the mentioned condition in the contract?Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: What is the subject of discussion is about the effects of the dissolving condition after the formation of the contract and before the fulfillment of the suspension act , regarding the effects of the mentioned stage, although the jurists and jurists in establishing the right to conditionality and prohibition Conditional vs. they agree on carrying out possessions contrary to the conditional right, but they disagree about the nature of the said right and the guarantee of enforcement of the violation of the said right. If the condition of negative void condition , the right created for the seller is a primary objective right that is supported by the legislator, and the transaction contrary to the condition of termination is in the state of protection. Manuscript profile -
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67 - واکاوی چالش های دیه زن؛ با مطالعه تطبیقی فقه امامیه و سیاست کیفری ایران
مهدی جوهری طاهره عابدی تهرانی جلال جعفری -
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68 - حجیت قاعده ظهور در فقه امامیه
اسماعیل رضایی محمد رضا فلاح محمدجواد جعفری -
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69 - تعیین حدود توسل به قاعده عسر و حرج در طلاق زوجه از نظر فقه امامیه با نگاهی به کاربرد آن در حقوق موضوعه
بهروز حسینزاده علی آلبویه علیرضا مظوم رهنی علیرضا رجب زاده اصطهباناتی -
Open Access Article
70 - تحلیل تأثیر حدوث فراستریشن (استحاله) در قراردادهای بین المللی نفتی در حقوق انگلیس و ایران با نگاهی به فقه امامیه
افشین قفقازی سیدنصرا... ابراهیمی مجتبی زاهدیان سیدمحسن حسینی پویا -
Open Access Article
71 - انعطاف پذیری احکام شریعت اسلامی از دیدگاه قرآن کریم و احادیث نبوی(مبحث عبادات)
محسن غلامیان بمانعلی دهقان -
Open Access Article
72 - Fundamentals of the legitimacy of the ruling in absentia in Imami jurisprudence with a look at Sunni jurisprudence
mostafa ghafoorian nejad malihe gholamiAttendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) mus MoreAttendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) must attend the trial and submit his defenses of the claim to the court or submit a bill to the court in the case of absence to prevent violation of his rights. However in some cases, the trial proceeds in the absence of a litigant of the lawsuit. This is an important issue in judgment and trail. Like other issues in jurisprudence, judgment by default needs to depend on authenticated sources and bases. The most fundamental and legitimate sources and bases for absent verdict include Quranic verses, tradition of immaculate Imams, consensus of jurist and reason. Therefore, we have studied and analyzed each of this sources while briefly considering Sunni jurisprudence in all aspects of the issue. The Current study has been a descriptive analytic research which has employed library method through note-taking instrument. In sum, it was concluded that in trial by default, considering some foundations, it can be said that in any condition, it is incumbent on the judge to summon the defendant to trail before issuing any verdict but in the case of the defendant’s absence, he is permitted to proceed a default judgment and issue the verdict in absence. Manuscript profile -
Open Access Article
73 - A Reflection on Social Capital Status in Imamieh Jurisprudence and Islamic Teachings
Seyed Ebrahim Hosseini Farzad Navabakhsh Frank SeyediSociologists believe that mutual relationships among people and their trends are effective on the formation and continuity of the social life of a society from the beginning of the formation of any social system. These mutual relationships and their quality, which today MoreSociologists believe that mutual relationships among people and their trends are effective on the formation and continuity of the social life of a society from the beginning of the formation of any social system. These mutual relationships and their quality, which today are studied under the title “social capital,” have attracted extensively the attentions of the knowledgeable in different fields of political, social, economic, and cultural. Despite the fact that social capital is a modern subject in the area of humanities and social sciences, but it seems that by studying exhaustively jurisprudential rules in Imamieh jurisprudence and Islamic teachings in general, one can recognize the remarkable aspects of social capital status in them. The present research aimed at the same objective and, through adopting descriptive-analytical methods, tried to recognize and reflect on the status of social capital subject in Imamieh jurisprudence and Islamic teachings. The research findings showed that jurisprudential rules and teachings such as prohibition of detriment, distress and constriction, prohibited contributions to sin, prohibition of usury, order for interest-free loans are of the most important manifestations of Islamic legislator's attention to the subject of social capital and the necessity of its protection. Manuscript profile -
Open Access Article
74 - International and Iranian policies on defective goods and compensation
faranak moazen Ahmad Shams Seyed Mojtaba Mirdamadi Ahad BagherzadehPolitical and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating pr MorePolitical and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating process of concluding numerous contracts in the creation, production and consumption. Is. ﺎ ، . In Iranian law and international documents, the scope of customer rights arising from the sale of defective goods can be imagined in two parts: And its mechanisms and in international documents are referred to as non-compliance of goods and defects and related mechanisms. 2. The actual methods of compensation, which raises the possibility of providing damages resulting from the loss of a favorable contractual position both in order to fulfill the obligation and its termination. Basically, in the case of ﻣ In the 1980 Convention on the Elimination of All Forms of Discrimination against Women and the principles of European contract law, in addition to providing for mechanisms to relieve the customer of an unfavorable contractual situation, there is no need to go back. However, in Iranian law this scope is more limited and there is no explicit text regarding the compensation and assignment of damages resulting from the loss of a favorable contractual position; Also, this difference in compensation methods is such that the methods provided in international documents are more diverse, up-to-date and more purposeful than the mostly traditional methods of compensation in Iranian law. Manuscript profile -
Open Access Article
75 - The Factual Consequences of the Presence or Absence of Justice as a Condition for the Governing Positions
Teimoor Amin Nasseri Dr. Abbas , SamavatiAccording to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of MoreAccording to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of the property of orphans, executors, depositaries. Ordaining such an obligation signifies the importance of justice in Islamic jurisprudence. Holders of public offices – from the leadership to the lowest positions – have to be qualified for being just as a legal condition, an example of which has been seen in prophetic and Alawite government in early Islam; and, its general mechanism is available in IRI constitution, orders by the leaders of Islamic revolution, and orders relating to the responsibilities and government. The present research aimed at studying the consequences of condition of justice for the ruling positions today and providing some usable strategy for the administrators of the Islamic system. On one hand, the spiritual and material development of society, just wealth distribution, welfare, and security are of potential achievements realizable by implementing the condition of justice for the administrators. On the other hand, lack of justice in the governing positions may result in insecurity, noncooperation, class distinctions, economic injustice and corruption, falsification of reality, and divine and human values. It is of necessity to compensate for legal gaps in implementing the condition of justice for governing positions, especially for the middle positions in the government through a proper legislation and its implementation by the administrators. Using descriptive-analytical methods, the present research proves the necessity of condition of justice for the governing positions and impacts of its presence or absence in the government. Manuscript profile -
Open Access Article
76 - Enemyology and methods of interacting with enemies according to the Qur'an, hadiths and Imamiyah Jurisprudence
Isa Haghi Mostafa Rajaipour Hossein AhmariOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wive MoreOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wives and children", "infidels and polytheists", "some People of the Book, especially Jews" and "hypocrites". The Prophet, on the one hand, fought culturally and socially against idolatry, atheism, and hypocrisy in belief and practice, and the triangle of atheism, polytheism, and hypocrisy was also placed against him during his mission and did not give up any struggle against and monotheism. The current research aims to know the components of interaction with the enemy according to the Qur'an, hadiths and Imamiyah Jurisprudence. The research method is descriptive-analytical using library and documentary sources. The results of the research show that Holy Qur'an teaches us what special method we should use in confronting each of the enemies. In clearer words, it teaches Muslims the way to deal with Satan, Nafs-Amara, infidels, etc. separately, and also, it puts a special way to deal with every enemy's method. Among these methods are Faith and trust in God, abandoning sins, constant remembrance of God, seeking refuge in God, self-purification, fearing God and restraining the soul from whims and desires, surrendering oneself and affairs to God, cutting off all communication and friendship other than God, declaring a clear position of disliking them, cultural struggle through the Qur'an, religious insight and tolerance, interaction with the enemy. Manuscript profile -
Open Access Article
77 - Examples of Reference to an Expert in Emamiyah jurisprudence and Iranian Law
Mohammad Ojagh Mohammad Ali Safa Mehdi BahrehmandAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in ord MoreAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in order to resolve legal and criminal cases. put In fact, the purpose of the current research is to examine jurisprudential and legal examples of referring to an expert, which is written in a descriptive-analytical way and with library tools, and the findings of the research indicate that in the current situation and with the specialization of affairs and also considering the complexity Court cases, especially in the fields where the judge has no expertise in this field, there is no other option but to cite and refer to the expert's theory. In order to give validity to the evidential power of the said theory, the legislator has set conditions, including the reliability of the expert, and if those conditions are established, the opinion He considers the expert to be reliable, although due to the large number of cases and the ease of the proceedings, he does not consider it necessary to achieve justice even in the criminal cases referred to the forensic medicine because it is not easily possible, and he cites the doctor's theory. But the existence of these conditions does not mean that the judge is obliged to give effect to the expert's opinion, except in cases of non-compliance with the researcher's circumstances. Therefore, if necessary, the judge will refer to the expert's opinion, and he is free to accept or reject it, and basically, the judge will examine and evaluate the evidence based on his broad authority. Manuscript profile -
Open Access Article
78 - Evaluation and comparative analysis of waqf documents based on shafi'i and imami jurisprudence standards
Abdolaziz Mirani Fereydoun Rahnama Roodposhti Seyed Abbas Mousavian Mahdi Madanchi Zaj Mohammad Adel ZiaeiPurpose: One of the most important prerequisites for public participation in investment and financing projects (in this research, endowment bonds), is to provide information needs and pay attention to different jurisprudential views in the country. Therefore, in this re MorePurpose: One of the most important prerequisites for public participation in investment and financing projects (in this research, endowment bonds), is to provide information needs and pay attention to different jurisprudential views in the country. Therefore, in this research, the mentioned papers are examined based on the standards of Shafi'i and Imami jurisprudence in order to clarify and resolve its legal ambiguities and doubts.Methodology: The main approach in this research is a comparative approach. In order to analyze and issue jurisprudence in Imami jurisprudence, the method of document analysis (documents and approvals of the Jurisprudence Committee of the Stock Exchange Organization) has been used, and in connection with Sunni jurisprudence (Shafi'i jurisprudence), in-depth interview and focus group methods have been used, a statistical sample The aforementioned include 8 experts of Shafi'i jurisprudence.Findings: The findings of the research showed that the commonality of views in the two jurisprudence institutions is very high, and this can be a sign of increasing the participation of Sunnis in endowment bonds and other Islamic securities issued in Iran.Originality / Value: Considering that the results of the research resolved the jurisprudential ambiguities related to the endowment documents, it is a very positive step for the development of this tool, and surely, with the wide dissemination of the above results, we will witness more and more participation of Sunnis in Iran in similar projects at the level We will be the country and eventually a very good synergy will happen in this area. Manuscript profile -
Open Access Article
79 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been co MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate the contract. Manuscript profile -
Open Access Article
80 - Study of Privacy in Civil Rights and Imami Jurisprudence
Taraneh Mehdi alinia Gabriel Hope abbas samavatiProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizens MoreProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizenship rights in an analytical-descriptive way. With the investigations conducted, it is found that the sharing of privacy in Islamic jurisprudence with citizenship rights is more than its differentiation. The findings in this paper show that the concept of privacy in Islamic jurisprudence and citizenship rights are equal and their differences in the fundamentals and theories accepted by these two are important. The results of the implementation of Islamic jurisprudence and citizenship rights show that the basis of citizenship rights in the manner of compensation is based on the rule of law, but in citizenship rights the theory of fault is considered, on the other hand, there are significant differences in the protection of privacy violations and the prevention of privacy violations, but in principle, the acceptance of the privacy of the two is not inconsistent. Manuscript profile
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