List of Articles distress and constriction

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  1 - Investigating relationship between the combination of fatwa and leniency in ijtihad
  Abdolvahab Salimipour Mohammd Adel Zieaei Naser Marivani
  Talfiq (integration) is defined as a combination of the different views of religious scholars which is not fully consistent with the exact views of any of them. It is aimed at facilitating religious assignments. Therefore, Talfiq enjoy commonalities with Taysir (facilit More

  Talfiq (integration) is defined as a combination of the different views of religious scholars which is not fully consistent with the exact views of any of them. It is aimed at facilitating religious assignments. Therefore, Talfiq enjoy commonalities with Taysir (facilitation) as a tenet in Islamic tradition and under rules such “removal of constrictions” and the “Yosr rule”. On the other hand, however, Talfiq may take place to relieve the religious obligations of an obligated person or actually lead to such a thing. .Some religious scholars believe that integration over a Fatwa is allowed in case of necessity since it leads to openings as well as removal of constrictions. Others have considered a wider application for Talfiq, arguing that it is allowed not only when necessary, but also when needed. It is evidenced upon Taysir (facilitation) and removal of constriction that could be applied to the relevant obligator. It seems that Taysir and Talfiq overlap each other, because every case of Talfiq is not necessarily considered as Taysir, and every case of Taysir is not necessarily categorized under Talfiq, although all cases of Talfiq ensure Tatsir in practice and especially in contemporary Fatwas. Manuscript profile
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  2 - The Role of Common Law in the Interpretation of Non-financial Rights of Couples
  faezeh azimzadeh akram mohammadi
  The unlimited variety and complexity of social relationship, generality and being abstract law, the necessity of disputing claims and so on are considered as a necessity to interpret the law. One of the important resources that should be considered in interpreting the r More

  The unlimited variety and complexity of social relationship, generality and being abstract law, the necessity of disputing claims and so on are considered as a necessity to interpret the law. One of the important resources that should be considered in interpreting the rules is the custom. Family Law, more than any other areas are affected by custom and social relation. This clearly proves by referring the civil law. But it should be noted that customary law is not always valid and it needs some legal provisions to have potential to referring. In this paper, the role of custom in interpreting some rights and non-financial relationship between couples, such as good companionship with one's wife, recognizing family interests, conditional contract are examined. Manuscript profile
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  3 - Contract Adjustment in the Imamieh Jurisprudence and Laws of Iran
  Abbas Moghadari Amiri hekmatollah askari
  Despite the necessity of the principle of binding contracts and respecting the contractual obligations in the legal systems the effect of social and economic circumstances on the possibility of the fulfillment of the obligations over the period of signing to fulfilling More

  Despite the necessity of the principle of binding contracts and respecting the contractual obligations in the legal systems the effect of social and economic circumstances on the possibility of the fulfillment of the obligations over the period of signing to fulfilling of the contract is undeniable. In fact, contracts are signed under presumably normal and predictable circumstances, however in case of unpredicted and unusual circumstances preventing the fulfillment of the contract obligations the obliged party is exempt based on the law of different countries including Iran. Nevertheless there is no concrete solution if the unusual and unpredicted circumstances cause excessively severe difficulty or unconventional loss yet allowing for the fulfillment of the contract obligations.  Here aided by the principles of “No Distress and Constriction” and “No damage” it is possible to give the right of adjusting or reviewing the contract to the parties or the judge or recognize the option of rescission of the contract for the parties. Manuscript profile