JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2012 | Volume:8 | Issue:26|Papers Count:10

With the occurrence of marriage, marital relationship begins between husband and wife and so a family forms. Furthermore, through this contract, the parties obtain some rights and duties for respecting each other. One of the issues in this regard is employment or occupation of the wife. Basically, if there is mutual understanding and agreement between husband and wife about her occupation, she does not worry so much about her job. But, if the husband disagrees with employment of the wife, we can resolve the problem of wife having a job by referring to religious laws and reviewing legal principles. Although the constitution and civil law have realized the principle of the freedom of wife occupation, the existence of some limitations in civil law has caused some obstacles in the practice of the above mentioned principle.

Marriage as one of the special orders of Shiite jurisprudence is necessary according to Quran, tradition, consensus and wisdom. This text describes time of interrupted marriage. There are four viewpoints among the jurists in this regard: the first is famous promise that can be changed into permanent, the second is invalidity of contract, the third is about details between two models of permanent and interrupted marriage and the fourth relates to intention and amnesia. Entirely, the authors show the reason of cancelling marriage would be strong because the intention of each parties won't be to interrupt the marriage and explain all cases of this case completely.

The sentence of stoning is one of the certain provisions in Islam. This sentence cannot be educed directly from Holly Quran. Traditions in this area are abundant and in terms of the document are reliable. It should be noted that the philosophy of stoning sentence like other Punishments is to prevent corruption and great anomalies of the society. On the other hand, despite the fact that there is no reason for assigning stoning sentence to special time such as presence time, there is no license to abandon these verses and traditions too.

To hear song and desirable music is not forbidden, but songs of musician which attract specially would be illegal. In this article, the author presents general reasons of musician's song respect and major problems of it. He also asserts that important reasons of song prohibition are Quran, tradition, consensus and wisdom. Then he explains the secrets of song prohibition and expresses its exceptions too.

The present article analyzes Feyz Kashani's viewpoint about Friday Prayer. Our Prophet, Mohammad, is the first person who executed Friday Prayer. Its philosophy is to strengthen religious principles. Nowadays, it expresses necessary problems related to the Islamic society too. This article explains Feyz Kashani's viewpoint completely.

After many years from Islam appearance and existence of different ideas and also different jurisprudence, Shiite jurisprudence has more prominent role in so far as friend and enemy confess it. Epidemic program of Islam for social life is the symbol of universality. Hence the role of jurisprudence in society management, one of the more important programs is to discipline in the society, is very important. Jurists express its programs and methods too. Nowadays, one of the current crimes is subversion which can remove discipline and security of society and finally change the government. In this research we explain subversion and the status of Shiite jurisprudence and Sunni viewpoint about it too.

Imprisonment right is considered as one of the concerned issues for families which can affect on the couple's mutual relations and commitments. As a result, invalidating the imprisonment right is of high significance. The present article studies the legal and juridical cases, invalidating imprisonment in marriage contract, through library approach. It also presents the frequently asked questions in this regard and attempts to provide appropriate answers to them and clarifies the ambiguities over the issue. It is noteworthy to mention that this study considers the imprisonment right for wife in particular; however, at its end parts, the author deals with the husband imprisonment right, too.

Noticing the freedom and security of people underlies all principles which European law determines; for this reason in European thinking, presumptions and principles guarantee personal rights and freedom. This kind of thinking has created a person-based system in which all principles circle around the person; on the other hand, in Islamic law school of thought, all principles circle around the existence of God, so the kind of thinking here is God-given; in other words, it is God who determines all principles, these principles may be in accordance to personal rights and freedom or contrary to it. Having this in mind, how can one say that the acquittal principle in Islamic Law, which has a theological background and is based on God-based thinking, has similar bases, functions, and domains to the presumption of innocence in European criminal law having a European background and based on a person-based thinking. So each of these concepts leads to the creation of a different hearing process such that the acquittal principle will no longer have the expected applications and in another hearing process the presumption of innocence may have no application at all.