Analytic philosophy: 6 (3)

Open Access Article

1 - Theory of Peace in the Legitimacy of Marriage of Muslim and non-Muslim
Sayyed M. Reza Ayati

Quran declares that a very fundamental principle in the marriageis "peace" for both parts. Considering this reality, the present essaytreats that principle as a basis for non-legitimacy of marriage of aMuslim and a non-Muslim because of lack of peace in such amarriage.

Quran declares that a very fundamental principle in the marriageis "peace" for both parts. Considering this reality, the present essaytreats that principle as a basis for non-legitimacy of marriage of aMuslim and a non-Muslim because of lack of peace in such amarriage. Manuscript profile

Open Access Article

2 - Investigation of Major Challenges of "Principality of Appearance"
Ramin Poursaeed

In defending "principality of appearance" it is said that the wisedo not consider probabilities opposing the appearance. On thecontrary, rival theories have raised questions concerning botheffects and methods of that claim. The present essay intends toexpand God's purpo More

In defending "principality of appearance" it is said that the wisedo not consider probabilities opposing the appearance. On thecontrary, rival theories have raised questions concerning botheffects and methods of that claim. The present essay intends toexpand God's purposes on the one hand emphasizingprinciples of justice and rationality in them and, on the other,declare that the wise do not consider probabilities opposingthe appearance only when they are in a common context andwhen the addressee is in another context they do not ignorethose probabilities. Manuscript profile

Open Access Article

3 - Investigating Juristic Essentials of Copyright
Mehdi Khodaee

Creator of a piece of literature or art owns, in fact, essentiallywhat he has created and this can be a basis for proving the copyrightin the Islamic jurisprudence. Should one doubt it, we can assert thatthe creator has an accidental ownership as well which makes others More

Creator of a piece of literature or art owns, in fact, essentiallywhat he has created and this can be a basis for proving the copyrightin the Islamic jurisprudence. Should one doubt it, we can assert thatthe creator has an accidental ownership as well which makes othersavoid violating his right to its material benefits. This is what thisessay intends to prove Manuscript profile

Open Access Article

4 - The Essentials of Generalizing Evidence in Substantiation of Claims
Asghar Arabiyan

Thanks to the development in Sciences and technology, newevidence for substantiation of claims and convincing the judge haveappeared recently which are very stronger than witness-bearing ofeye-witness individuals. Such evidence is called "definite,customized proofs" who More

Thanks to the development in Sciences and technology, newevidence for substantiation of claims and convincing the judge haveappeared recently which are very stronger than witness-bearing ofeye-witness individuals. Such evidence is called "definite,customized proofs" whose opposite probabilities are overlooked bycustom of the wise. Considering this fact that most jurists treat"reason" and "custom of the wise" as the foundation for validity ofwitness-bearing of eye-witness individuals on the one hand andbayyinah (witness-bearing of two pious eye-witness individuals)lacks any specific peculiarity on the other, one can find therespective criterion in such newly invented evidence and therebygeneralize evidence in substantiation of claims to whatsoever canprove something. Manuscript profile

Open Access Article

5 - Custom of the Wise
Alireza Faiz

Custom of the wise plays a very significant role inunderstanding juristic precepts especially newly-raised ones and alllegal systems have taken it into consideration. Some think that thereis no transformation in the Islamic precepts, while it is not correctand dynamic c More

Custom of the wise plays a very significant role inunderstanding juristic precepts especially newly-raised ones and alllegal systems have taken it into consideration. Some think that thereis no transformation in the Islamic precepts, while it is not correctand dynamic custom of the wise can solve many newly-raisedjuristic questions Manuscript profile

Open Access Article

6 - "Legally Prescribed Waiting" Period and Its Precepts
Sayyed Mohammad Bojnourdi

Meaning of "legally prescribed waiting period", its precepts,different cases in different kinds of divorce, and tasks of both partsin a divorce are thoroughly discussed in the present essay from anIslamic viewpoint

Meaning of "legally prescribed waiting period", its precepts,different cases in different kinds of divorce, and tasks of both partsin a divorce are thoroughly discussed in the present essay from anIslamic viewpoint Manuscript profile

Open Access Article

7 - Theories of Sovereignty of Exoteric Will and Esoteric Will in the Iranian and Islamic Laws
Sayyed Abolghasem Naghibi

Formation of legal act, its constitutional elements, and damageswhich may hurt the will in its various elements of formation areamong major juristic, legal subjects one of which beingcontradiction of exoteric will to esoteric will in making a legal actwith respect to so More

Formation of legal act, its constitutional elements, and damageswhich may hurt the will in its various elements of formation areamong major juristic, legal subjects one of which beingcontradiction of exoteric will to esoteric will in making a legal actwith respect to sovereignty – that is, which of them enjoyssovereignty over the other? There is a dispute among jurists andIslamic lawyers in that connection on the basis of different proofsfor and against any of those two theories. While investigatingproofs of each theory, the present essay emphasizes modification ofboth theories and declares that in cases of ignorance the exotericwill and in cases relating directly to the economical order theesoteric will should be given priority. Manuscript profile

Open Access Article

8 - An Introduction to The Rule of Reciprocity
Abbas Hemami

Reciprocity may appear in the form of reward or punishment.The juristic rule of reciprocity is used for a reaction to anunpleasant- no matter it has a criminal aspect or not- whose penalaspect is normally considered.Reciprocity being a right or a duty and its originatio More

Reciprocity may appear in the form of reward or punishment.The juristic rule of reciprocity is used for a reaction to anunpleasant- no matter it has a criminal aspect or not- whose penalaspect is normally considered.Reciprocity being a right or a duty and its origination beingnatural or not are discussed in this essay. The realm in which thisrule applied , the role of time and space as well as specificconditions of the offended and the offender in the execution of therule and whether this right can be transferred to others or not aredealt whit in the present and the coming parts of our essay. Islamicviewpoints concerning the topic are taken into consideration in acomparative way as well. Manuscript profile

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