JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2008 | Volume:4 | Issue:13|Papers Count:8

Although The use of  electronic devices in business is not of something new and devices such as telephone, e-mail and faces machines have been used for many years; In trading and doing business, the phenomena known as electronic trading become more common and popular only when advancements were made in computers and related networks.Today electronic trading has its own credit and value through out the world. Since it made a fundamental change in the traditional way of doing business.It also brought speed and cost savings benefits for human being in it's best possible way. The common use of such trading in developed countries and its continual advancements among developing countries made lawyers take further steps towards filling the legal gaps concerning trading wing electronic devices.To this end, in this article the issue of supply and acceptance as devise to announce the will of the parties in electronic trading has been studied with a focus on its juridical basis.

Fiqhiyah treatise is one of the valuable works of Molla Muhammad Ashrafi. In writing, this book is titled Amaliyah treatise. It relates to the worships and contracts. Since the disputes in this treatise is full of deep viewpoints and various appendixes, it can help researchers who search about the Islamic law and jurisprudence.This article introduces this treatise and explains some parts which relates to the jurisprudence.   

Certainly it is believed in the crimes which in their occurring human factors are interfered, especially in cases that their interference is accompanied with fault and negligence, by any means they are responsible for its occurring whether it will be direct.The writer while studies the different views on the liability of the direct or indirect factor in the crimes cause blood-money, emphasizes this point that being more stronger in the conjunction of direct and indirect factor influences the liability more; he believed that jurists 's well-known point of view in the conjunction of indirect factors based on this point that if the indirect factor whose influence is before the influence of the other one in the occurring of the crime, so the first indirect factor will be liable, is criticized because if it is considered that the second indirect factor is not liable, it is in contradiction with the condition expressed in the definition of the indirect factor that "if it were not, the crime would not occur."

This study aims at identifying the surgical operation of patching a virgin’s maidenhead. There are some viewpoints in this regard as follows:1. Maidenhead reparation can be legal if it is torn in the accident, fall or violation.2. If it is torn as a result of marriage, reparation will be illegal.3. If it is torn as a result of adultery, reparation will be illegal. Since it causes fraud of husband.A doctor should notice to these mentioned precepts. He or she also searches about the pregnancy of a girl. If she is pregnant, reparation of maidenhead is illegal.qq

The renown in technical term of the jurists is surveyed and researched in three kinds: tradition, document, and judicial (Fatwaei) renown.The pivot of this research is mainly debates about the judicial renown.It is contentious matter that there is three kinds of theory about this renown as follows:First: it is argument.Second: it is not argument.Third: archaic renown (Shohrat-e-Qodamaei) is argument because this renown refers to Imam’s statements.But renown of modern times (Shohrate-e-Motaakher) is not argument, it is without document and including elicitation problems.

Different aspects of Islam penal policy in the case of crimes against government and people has not accepted by penal policy of Iran completely.It can be said that the mentioned issue is against the article 4 of the constitution that says" It is necessary to be a complete compare between provision and Shiite jurists’ ideas."

Ambiguity in the object of transaction may cause a transaction to be void. In this article we study this matter and the necessity for its removal from transactions. The jurists for the matter refers to the Prophet’s tradition of “Gharar”, although some of them have carped about its authenticity. However some jurists referring that most of contracts are based on the manner of sages, believe that there is no necessity for tradition and consensus in order to proving the rule of “Gharar”. Therefore the manner of sages is not specific for transaction and may be extended to other types of contracts.Ambiguity leads to invalidity of contract and the transacted objects shall be immediately returned to their original owner.When the ambiguity has passed its normal extent and can be deemed as gamble, it causes cancellation of the contract; and therefore, the legislator have demurred some specific cases in a special way in order to promote beneficence and to develop social cooperation and communion.