List of Articles Haraj

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  1 - One of the most important juridical rules derived from a Quranic verse is the principle of no hardship which is applied in different jurisprudential topics from purity to blood money. Although this principle is presented by jurists alongside other principles such as the “principle of no harm” and permissibility of forbidden acts in urgent and emergency situations in inferring legal commandments, the question that needs to be examined is that with
  Khatereh Shahinfard Saeed Nazari Tavakkoli Reza Omani Samani Ahmad Abedini
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  2 - A Jurisprudential-Judicial Study of Abortion Because of Rape Relying on Sunni and Shi'ite Perspectives
  Fariba Hekmat Mahmud GhayoomZadeh Abbas Ali Heidari
  The purpose of the present study is to conduct jurisprudential-judicial research about abortion because of rape relying on Sunni and Shi'ite perspectives. The method of research is descriptive-analytic and the results showed that there is a big difference between a woma More

  The purpose of the present study is to conduct jurisprudential-judicial research about abortion because of rape relying on Sunni and Shi'ite perspectives. The method of research is descriptive-analytic and the results showed that there is a big difference between a woman who becomes pregnant as a result of rape and other women who have become pregnant with full freedom so Sunni and Shi'ite jurists and Islamic law regard no ban for abortion in case of rape and it is permissible, especially before the embryo's soul is formed. Based on jurisprudential regulations, negation of difficulty and distress, and convenience of religion, a woman should be allowed to get an abortion to remove the difficulty and sever agony out of rape as well as the shame of having a baby as a result of that while she has had no free will in this regard. Manuscript profile
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  3 - Judicial Bases of Debt Exceptions
  Homayoun mafi Seyyed Kamal Hosseini
  One of the facilities that legislator is considered for the condemned party until insolvent debtor not stand to hardship & difficulty and also deprive of a least life is "debt exceptions". Namely, some of those properties which are essential for the survival be far More

  One of the facilities that legislator is considered for the condemned party until insolvent debtor not stand to hardship & difficulty and also deprive of a least life is "debt exceptions". Namely, some of those properties which are essential for the survival be far from judgment creditor. This legal institution before that entered in law texts has been expressed in Islamic jurisprudence by great jurists. In this article, we survey the judicial bases of debt exceptions and explain our own comment finally. Manuscript profile
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  4 - Analyzing and criticizing the documentation of the legitimacy of the addition of Article 1082 of the Civil Code with reference to the rule of al-kharaj in the guarantee
  shahla molavi Fezeh Moghtadai Farhnaz Afzali GHadi
  10.22034/ijrj.2022.694922
  On August 28th, 1997, a single article consisting of two notes was added to Article 1082 of the Civil Code. According to Note 1 of this single article, "If the dowry is the currency, it will be calculated and paid according to the change in the annual price index of the More

  On August 28th, 1997, a single article consisting of two notes was added to Article 1082 of the Civil Code. According to Note 1 of this single article, "If the dowry is the currency, it will be calculated and paid according to the change in the annual price index of the payment time compared to the year of the contract, which is determined by the Central Bank of the Islamic Republic of Iran." Although the enactment of this single article shows that its provisions are legal, its legitimacy is a matter of controversy among jurists due to the lack of text and suspicion of usury. Some rules have been cited as the basis for the jurisprudential principles of this Article, including the rules of “Zamane yad”, “La Zarar”, and the necessity of observing justice and generalities such as fulfilling [all] contracts (“awfuu bialeuqud”). In this research, while analyzing and criticizing these documents, its legitimacy is proved using a descriptive-analytical method based on the rule of “al-Kharaj be al-Zaman”, which is a narration narrated from the Holy Prophet (PBUH). The rule states that the benefits are the function of property of the sold, and the guarantor of the sold will be profited from the benefits. This rule is applicable to all debt contracts, including marriage. Obviously, reliance on jurisprudential sources is the basic principle in every rule and law. Manuscript profile
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  5 - A Comparative Study of The Khamsah Religions Regarding the Position of La-Haraj Rule in the Issue of Polygamy with a look at the Criminal Law of Iran
  amin ghasemifar Mohsen Razmi Hosein Ahmari Ahmad fooladian
  10.30495/jcld.2023.1972102.1026
  The La-Haraj rule is one of the most advanced jurisprudence rules, which while having reliable narrative and rational foundations, has a wide realm and includes everything from worships to transactions. Polygamy is one of the topics where the use of La-Haraj rule is dis More

  The La-Haraj rule is one of the most advanced jurisprudence rules, which while having reliable narrative and rational foundations, has a wide realm and includes everything from worships to transactions. Polygamy is one of the topics where the use of La-Haraj rule is discussed. The following article deals with this issue that a husband or a wife can refer to the La-Haraj rule and use it or not for the permission of polygamy or divorce. By examining the sources of Imami and Popular jurisprudence, it is found that the La-Haraj rule is a rule based on personal conditions and its examples are inexhaustible and a husband does not need to rely on the aforementioned rule for polygamy. From Imami jurists’ point of view, La-Haraj rule can help wife in obtaining a divorce decree; even though polygamy is permitted by law. Popular jurists are against this attitude. Application of the La-Haraj rule for the wife is clearly reflected in Article 1130 of the Civil Code and its note, and it once again confirms the effectiveness of Iran’s laws from the perspective of Imami jurisprudence. Manuscript profile
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  6 - Analysis of zakat compared to taxes from the perspective of Islamic jurisprudence
  iran soleimani
  Zakat is one of the financial religious obligations, the main source of income for the treasury and the largest Islamic tax The emergence of different social and economic approaches and the requirements of the time, the emergence of new jobs, has changed its conditions More

  Zakat is one of the financial religious obligations, the main source of income for the treasury and the largest Islamic tax The emergence of different social and economic approaches and the requirements of the time, the emergence of new jobs, has changed its conditions and requirements. This research reached this conclusion by posing a fundamental question with the aim of analyzing the payment of zakat despite the approval of many taxes in a descriptive-analytical method: Shi'a precious jurisprudence needs consideration, thinking and flexibility in dealing with new events and daily needs This matter is obligatory on the jurists and scholars of Sharia in the absence of Imam Masoom to strive for ijtihad during the way and according to the requirements of the time, the expenses of the treasury, two-way payment, maintaining the obligation of zakat and its continuation in the Islamic society, , zakat and the tax system are considered as two treasury resources and taking into account legal, executive, structural and legislative problems By changing the approaches, they should initiate fundamental reforms and implement the desired tax system in the form of Islam, so that it is fruitful and responsive to the developments of the day. Manuscript profile