MAQALAT WA BARRASIHA
Year:2007 | Volume:40 | Issue:85|Papers Count:8

In spite of the fact that there is no mentionable consensus about the definition of terrorism, killing of innocents and committing acts that resulting to popular fear and panic has been criminalized in the law systems. In the Islamic criminal policy, to rely on the terror, causing fear and panic and negation of the public comfort, has been criminalized and has been responds with the severe punishments. However in the cases that making use of the violence accompanied with political motives and intention to contrast against the government there is especial rules and regulations: This study discussed the Islamic criminal policy about the terrorism and political violence.

It is important for a Muslim, particularly a Twelve Imam Shiite, to know whether it is compulsory for him Or not to recite a whole chapter of the Qura'n after Fateheh (the opening chapter of the Qura'n) when he perform is his prayers. It is important because sometimes the prayer is performed only with the Opening Chapter. So a Muslim should know if this procedure is valid. or not. Having mentioned the viewpoints of Jurists of different Islamic sects, and having evaluated their reasons, the author of this article professes his own view and proves that in accordance with the traditions quoted from the Holyprophet and his Household, it is not obligatory to recite a whole chapter.

It is the law which must provide the suitable and efficient tools to execute the legal rules some constitutions as mortgage, guarantee, joint and several liability and imprisonment of the debtors are created for this main. The insolidum liability constitution as far as others facilitates somehow the execution of the legal rules. Insolidum liability is a kind of joint and several liabilities, It means that the creditor can refers to each one of the debtors for the whole debt. But it is different from joint and several liability, because in the first place, the secondary effects do not exist in the Insolidum liability, and in the second place by absence of relation in the responsible, the payer can not refer to the others to compensate the payment out of his portion. This constitution is not acquainted in our legal system but there are some cases of plurality of responsible which correspond with this constitution.

The Wise (sages) basis has encountered the essentialists with two types of problems: traditional problems and novel problems. Variety and Variability of the wise (sages) basis, Simulation, globalization, modernity and Post-modernity Conceptualizations about wisdom are a Sample of novel Challenges. The wise (sages) basis is analyzed at least by two Conceptions of Congeration's wisdom and Validity. The essentialists are a were (informed) of two disputes of preceding and intellectual logists notoriousness and intrinsic assumption of Schismatics sect. Second theory which regards admiration and denouncing (condemning) as logical certainty predicates, is unable to determine (express) the secret of congeratian concept reception in the wise (sages) basis. Congeratian Validity in interpretation of goodness and Ugliness (obscenity) can be based on nature theory of Professor Motahari and/or Psychological Concept of collective heritage. Regarding to Unity in multiplicity theory interpretation of human beings experiences and credits (validities) can be guided toward a unity in goodness and ugliness (obscenity) Validity. Congeration Validity in globalization age as the wise (sages) basis in global village has been regarded the basis of global morale. Based on Such a Concephlalization, novel Challenges would find an obvious analysis in the wise (sages) basis.

The jurists, who believe in restraining the necessity of Zakat in nine-fold goods, have demonstrated to traditions, consensus and general of some verses. On the other hand, the followers of "generalization theory" have demonstrated to traditions and intellectual reasons, but their proofs have been refused by the objectors, particularly that this group has been entangled in analogy. In this paper, in addition to examining the two parties' reasons, the arguments of the generalization theory followers are refused because of not having been matched with mutilator and specified proofs and not finding any logical solution. But by observing the target of this article that presents a solution and is a new production to solve this problem, paralleled with rejecting the above theory, a middle theory is suggested that appears to be the only way of ending the arguments that seem unsolvable.

The scholars of the principles of the Islamic jurisprudence are divided the intentions of God in Islamic Figh to universal intentions and particular intentions. And the universal intentions are divided to necessaries and needs and goods. The necessaries are observation of religion and spirit and intellect and tradition and property. The author tries to manifest the decreases of this theses by allege the history of this theses. And he tries to explain the necessity of adding some other necessaries in these theses too. The most origin that must added is the origin of justice that seen in the most of Islamic laws. And the other is observation of society that’s necessary to added. Other intentions such as observation of freedom and observation of ethic must be illustrated in some other papers.

One of the possessions that the mortgage, from the viewpoint of his actual Right may do is the sale of the object pledged. Dispensing with the well- known idea of the Islamic jurists and the jurists that they believe that the sale is not binding but with, study some of the Islamic ideas and articles 794 and 793 of code civil it seems that the sale of the object pledged is not harmful for mortgagee and it must be valid. Because according to the article 793 only the possessions. That are against to the right of mortgagee need his permission .With description the subject of the sale, the situation of the other possessions will be clear and the problems between the mortgager and mortgagee and between the banks and the borrowers will be solved. In this article the sale of the object pledged has been examined from the viewpoint of the Islamic jurists and jurists that in the middle of the Islamic ideas that the sale is invalid or the sale is not binding and the sale is valid if seems that the idea of validity is suitable with the positive law.