MAQALAT WA BARRASIHA
Year:2006 | Volume:39 | Issue:82|Papers Count:11

One of the validity conditions of Agricultural Partnership Contract is the specification of its time. When the specified time is sufficient for the harvest being ripe but the harvest is not ripe owing to natural factors, like the changes of weather or by delaying in cultivating, there are three views in the Islamic jurisprudence: 1- removal of the harvest without paying a reasonable compensation 2- removal of the harvest by paying a reasonable compensation 3- removal of the harvest without paying a reasonable compensation when the harvest is not ripe because of the fault of agent and let the harvest to be after receiving a reasonable compensation. In Iranian law, the Art. 540 of civil code provides: "If the period of the Mozaraea comes to an end and it happened that the harvest is not ripe, the owner has the right to destroy the harvest, or to let it be, after receiving a reasonable compensation. "But by referring to Art. 4 0 of constitutional law, Arts. 17 and 504 of civil code and Art. 48 of enforcement of civil rules code, it is necessary to confine the rule included in Art. 540 to cases the no ripen of the harvest are due of the fault of agent.

In spite of the primary authentic application and Qura'nic implications and narrative documents concerning "uncertainty", that means having a false conception of a matter, gradually it has been used to denote suspicion and presumption. Meanwhile, such misconception has resulted to inauthentic legal perception and it has mistakenly used in dictionaries by the literates as well. Having introduced authentic and reliable documents, this article has considered the real meaning of uncertainty in order to represent the true jurisprudential, legal, and judicial application of the term and to adjust it with the method of intellectuals and the foundations of Islam that complies with the rationality.

The bailer shall deliver the property to its owner due to playing the role of buffering in the state of Forcible bail circumstances. Now there is a dispute, whether the nuisance agent who acts as buffer between object of consideration and owner of consideration as revenues of his property shall be treats as the owner of consideration or not? This article treats the concepts of nuisance consideration in details; it defines the scope of meaning in the field of jurisprudence classifications, including doctrine of jurisprudence and proofs afforded for bail of nuisance consideration as well as disputes of proofs forwarded. Furthermore, refinement and correction of disputes shall be discussed in terms of genuine prescriptions cited for refinement of the issues and comprehensive explanation of the case.

The problem of women's giving evidence in legal and criminal suits is a current issue in all countries. In Islamic laws and jurisprudence, the independent evidence of women is not accepted and it should be annexed to men's evidence. This case is mentioned as a deprivation of women from their certain rights, but in the Islamic laws and jurisprudence, the reason is that in acceptance of independent evidence of women is an exemption from responsibility not deprivation of rights. The present article deals with the explanation and investigation of the basis for limitation of accepting women's evidence from theological, jurisprudential and legal perspectives in order to clarify that annexing men’s evidence to women's is not a deprivation of women's right, but it is for their protection from the consequences of giving evidence.

In this article, the researcher has tried to perform a full fledged investigation in the domain of the doubt removal from the background in order to gain access to the reliability of the adherence to certainty in this respect. Principle means assigning duty concerning doubt and wonder, when the reality of discovery is considered in it. Background is the continuation and maintenance of the capacity of this principle. A part of this research is allocated to various meanings and definitions of the background and the proofs of the adherence to certainty such as narratives and foundations of intellectuals. Some scholars argue that the term "Violation" has been used in its figurative meaning and others don't believe in the foregoing concept and consider the adherence to certainty reliable in the realm of the doubt concerning the background.

Apostasy, that in technical term means blasphemy after accepting Islam or giving up it, in Islamic jurisprudence, causes punishment and some important legal effects such as breach of marriage and division of properties between hairs at-law. Meanwhile the freedom of opinion in Islam is generally important and reputable. Therefore, some of religious scholars, in removing all the doubt that there is incompatibility between apostasy commandments and freedom of opinion in Islam, have argued on the axis of explaining the philosophy of apostate punishment by showing importance and it's bad conclusions and others, on the axis of apostasy proofs, have tried to reveal it's conditions and hence to adjust and purify the mentioned doubt. It is thought that the certainty signification of apostasy proofs is the man who is considered dangerous for Islam because of his actions after giving up of it in spite of society's illustration.

The Prevailing view among Islamic sects negates the capability of women for becoming judges. They appeal to the Qura’nic verse of hilya, based on which women are raised in the ornament and are ghayr mobin, i.e., are incapable of overcoming in debates. On the contrary, another interpretation asserts that being raised in the ornament is not a deficient and ghayr mobin means in fighting and not in debates.

The contract is result of agreement. Sometimes, after the conclusion of a contract, one of the parties understands that in the time of conclusion it hasn’t been equilibrium between the subjects of contract that there is "option of loss". Sometime in the time of conclusion, there is economic equilibrium but during of executing of contract this balance disappears and execution of contract is so difficult that customarily is not tolerable. In the other words, there is a “new loss”. In Iranian civil law, when there is loss in the time of conclusion, there is option of loss by principle of “no harm” and other sources. But after the conclusion of contract, when the balance grossly disappears, there is no solution. In the law of some of Islamic countries the judge can reasonably adjust the parties' obligations. It shows that the basis of adjustment can be fined in the Islamic law and the examination of Islamic texts shows that the adjustment has been regarded profoundly. This article wants to bring up the subject of adjustment with use of Islamic reasons and comparative law.