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List of Articles
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Open Access Article
1 - Judicial Study in the Need of the First Wife's Permission for Remarriage
Bibi Rahimeh Ebrahimi Ali RhamaniOne of the challenging problems in the area of family law is the permission of polygamy and the dissent of the first wife. The permission of plural marriage for the men is accepted according to text of the Quran and there is no doubt about it. This paper has been inve MoreOne of the challenging problems in the area of family law is the permission of polygamy and the dissent of the first wife. The permission of plural marriage for the men is accepted according to text of the Quran and there is no doubt about it. This paper has been investigated the need of first wife's permission for man to marry again. In this regard, we have been studied the methods of argument to these two verses: (but if you fear that you will not do justice -between them-, then –marry- only one) and (and treat them kindly), possible conflicts of these verses with some other signs and determining the order of different forms of this marriage based on the principles outlined in Rule (La Dharar). This scientific investigation has used the library research paper and the method of descriptive-analytical. Manuscript profile -
Open Access Article
2 - Nature of the Reward
Farzaneh Ahmadi Alireza Amini Mohammad Reza AyatiVarious views have been expressed in the analysis of the nature of Reward. In this paper, the two main views of the mutual contract and unilateral obligation nature of Reward have been aimed to explain by referring to a few points. The supporters of the Reward consider MoreVarious views have been expressed in the analysis of the nature of Reward. In this paper, the two main views of the mutual contract and unilateral obligation nature of Reward have been aimed to explain by referring to a few points. The supporters of the Reward consider the agreement and acceptance of the worker as a condition for the realization of it. But, according to the view of jurisprudents -who chose the theory of being unilateral obligation of Reward - the acceptance of the worker does not have an effect on the offer (Ijab) of conductor and would not be considered as a pillar in this regard. These jurisprudents regarded being mutual contract of Reward would entail of ignoring the general rules of contracts. In return, some jurisprudents have also cited other ideas such as causation, interval between mutual contract and unilateral obligation, and being requirement of Reward. They believe that Reward is absolutely not a mutual contract or a unilateral obligation. In the midst of this difference of opinions, the present paper, investigating the nature of Reward, follows the theory of being requirement of Reward. Manuscript profile -
Open Access Article
3 - Reasons of Forbidding Suicide and its Place in Iran's Criminal Law
Jafar Jafarzadeh Mahmoud Ari Ali Akbar Abulhosseini Mohammad Baqer Alitabar FirozjaeiSuicide is an act which is the subject of a crime and also can be the object of a crime (victim). In other words, if the victim of murder is innocent, he himself is a murderer. In fact, suicide is a kind of murder with the unity of the killer and the victim. From the Is MoreSuicide is an act which is the subject of a crime and also can be the object of a crime (victim). In other words, if the victim of murder is innocent, he himself is a murderer. In fact, suicide is a kind of murder with the unity of the killer and the victim. From the Islam's viewpoint the suicide is forbidden. Its application in book, tradition and consensus is fixed. In Iran's criminal law, suicide does not relate to the offense. Of course, recently, according to the penal code of computer crime, some forms of computer systems which lead to suicide can be regarded as a crime and are punishable. Manuscript profile -
Open Access Article
4 - An Approach to Public Disclosure as a Punishment in Shiite Jurisprudence focusing on Iranian Statute Law
Zahra Mohadesi Abbas Ali Soltani Public disclosure "Tash-heer" is one of the discretionary punishments which most jurisprudents consider as the chief punishment against perjury (false testimony) and according to the jurisprudence, it can also be enforced against false accusers of a More Public disclosure "Tash-heer" is one of the discretionary punishments which most jurisprudents consider as the chief punishment against perjury (false testimony) and according to the jurisprudence, it can also be enforced against false accusers of adultery ( Qazif), pimp (Qawad), defrauder (swindler) and insolvent. There are disagreements among jurisprudents regarding the philosophy, the cases and the qualities of enforcement of the public disclosure. In the Iranian Statute Law, the public disclosure (Tash-heer) has also been recognized as one of the discretionary punishments and in various laws, including two important criminal laws, i.e., Islamic Penal Code and Criminal Procedure Code, cases applied and the method of enforcement has been stipulated.Today, two important questions are put forward in this regard: Firstly, can public disclosure as a punishment be used against offenses other than the crimes mentioned in the jurisprudential texts while having recourse to the unity of a single criterion (Vahdat-e-Melak) and manipulation (Tanqyh Manat) against other offenses including the emergent crimes? Secondly, despite the development of the societies and the advancement of technology and the emergence of the mass media such as TV, newspaper, internet, etc. shall public disclosure as a punishment be enforced as it was previously practiced and turn the offender around in public and/or can these media be used for the enforcement of the public disclosure? Subsequent to studying and conceptualizing the public disclosure in jurisprudence, stating the cases, the philosophy and the quality of enforcement of the public disclosure as well as expressing the views of the jurisprudents and also the status of the public disclosure in the Iranian Legal System and as stipulated the relevant legal articles, this paper makes an attempt to respond to the above mentioned questions through a descriptive and analytical method. Manuscript profile -
Open Access Article
5 - Moral Foundations of Parties' Intent and Consent in Contracts and its Efficacy in Jurisprudence and Law
Sam Mohammadi Mehdi FallahIn ethics, it is a collection of social habits and religious teachings and independent judgments that make up the general conscience and are necessary to achieve perfection. In our legal system there are many debates about relation between jurisprudence and law with eth MoreIn ethics, it is a collection of social habits and religious teachings and independent judgments that make up the general conscience and are necessary to achieve perfection. In our legal system there are many debates about relation between jurisprudence and law with ethics, yet we do not answer to this question that what these rules and principles that cause this relation are. In this paper, we derived moral principles affecting the contracts by exploration of the verses and reports and Jurisprudential and legal resources. This method will have a great deal of importance in the accurate and secure application of the rules of the moral law in the field of contracts. Analyzing the ethical perspective, through the tools and techniques, and ethical imperatives of the fundamentals of the essential condition of the parties' intention and the consent of the parties indicate that the validity of this condition is rooted in moral principles and rules such as prohibition of possession in others property, compliance of action from intent, prohibition of coercion and violating the rights of individuals in social relations. Accordingly, the distinction between intention and consent is without reason, and lack of intent and defective consent caused by the reluctance and the mistake must lead to the invalidation of the contract. Manuscript profile -
Open Access Article
6 - An Introduction to Legal and Judicial Nature of Pension
Hamid Masjedsaraei Mostafa JabbariThose who are familiar with the words of employment salary retirement and pension know that after employee death his/her salary belongs to special regulation to his/her heirs. There is no difference in this respect that the employee has died during the employment or aft MoreThose who are familiar with the words of employment salary retirement and pension know that after employee death his/her salary belongs to special regulation to his/her heirs. There is no difference in this respect that the employee has died during the employment or after retirement. This research has been done to find convincing answers to questions such as: what is the nature of pension? Is pension naturally legal? The important conclusion of this research is that, contrary to legal provisions pension, it is by nature legal and is subjected to particular regulations of inheritance. Manuscript profile -
Open Access Article
7 - Principle of Legitimacy of Non-divorce Condition in Marriage Contract
amin najafian faraj allah hedayat niaAccording to Quranic verses and traditions, men retain the right to divorce their wives. Abusing this right by men has increased the number of broken up couples. To refrain men from abusing this right, one can limit this right by convening conditions under marriage cont MoreAccording to Quranic verses and traditions, men retain the right to divorce their wives. Abusing this right by men has increased the number of broken up couples. To refrain men from abusing this right, one can limit this right by convening conditions under marriage contract. Contractual limitation of husband’s divorce right is possible through making it conditional to a specific outcome or a specific action however the first one is in sharp contrast with divine law while later is a viable option, in a way that husband undertakes to not to use his divorce right save those cases in which wife has disobedience or disable in some aspects of conjugal life. This is not only legitimate in the view of divine law but also strengthens the foundations of the families. Manuscript profile -
Open Access Article
8 - Reason of Usul Science from the Perspective of Imam Khomeini (General Method of Ijtihad in Usul Science)
Mostafa Hamedani Usul science is a knowledge to study reasons of fiqh and to represent the rules of inference in fiqh. But there are very important questions about methodology of Usul science. What are reasons of Usul science? What rules does Usul science argue? Res More Usul science is a knowledge to study reasons of fiqh and to represent the rules of inference in fiqh. But there are very important questions about methodology of Usul science. What are reasons of Usul science? What rules does Usul science argue? Response to these questions explains the foundations of production, development, refinement, critique and evaluation in Usul science. So the current study aims to draw an inference from Imam Khomeini's original works and opinions, so reasons of Usul science can be investigted in a case study from his perspective. In this study, the rules of reasoning are summerized in each problem of Usul science and then common patterns that are subjected to inductive method in these cases are defined. Consequently, general pattern is achieved from methods of Usul reasoning. This pattern has nine reasons: lexical analysis that refers toanalysis of word’s first meaning that comes to mind; conventional analysis comes in 3 forms: rational analysis (rational method), generalization (speech refers to common noun and thing) or performance analysis of conventional masters; innate understanding that does not need theoretical reasoning because it itself is reason; rational reasoning that is argumentation based on philosophical wisdom; narrative reason that includes narratives of infallibles; hybrid reason comes in two forms: rational – narrative reason and rational – literal reason. In addition to extracting this inductive pattern, the current study does not ignore the explanation of each reason’s quiddity, their dimensions and pathological discussion around them. Manuscript profile
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