JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2011 | Volume:7 | Issue:23|Papers Count:7

Manner of the wise is one of the major concepts in many different debates in “fiqh” and “usul”. Jurists have discussed about this concept in many different times.Two things have caused some ambiguities and complexities in thinkers’ views about the manner of the wise: On the one hand, jurists’ different understandings of this concept and the absence of an agreement on its quiddity and on the other hand, the resembelance of this concept to some other concepts such as custom, habit, consensus, manner of Muslims or even intellect and intellectual reason.Two different approaches about the quiddity of the manner of the wise will be mentioned and explained in this paper.It should be mentioned that the the manner of the wise consists of three elements: relying on wisdom, ignoring a special religion or language and considering absence of a rational procedure against it.

One of the basic elements of the rental contract is to determine its period and number. But sometimes the number of rent can not be determined. In this regard, both parties of the contract determine it according to the wage rate. Jurists and lawyers analyze this rental contract completely.Article 501 & 515 of the civil law accepted a special viewpoint in this regard. Based on that viewpoint, rent is correct for the first time, but it should be related to the contract conditions for the next time.The present article tries to consider different viewpoints in this regard.

Adhering to the provision is necessary, but this provision should not be against the appropriateness of marriage contract.On the other hand, achieving to the appropriateness of marriage contract isn' t easy because it not only relate to two parties but also involve a group of people in the society.Hence, some criteria are not enough to achieve appropriateness in marriage contract and it is necessary to consider other factors.Finally, we' ll find that the appropriateness of marriage contract is the same in familiy formation and life.In this article, the authors anlaysed above mentioned subject thoroughly.

There exists a question among some society members, specially among the youth: what is the necessity of composing the formula of marriage? Isn’t it sufficient to get the consent of the two parties? Is there a replacement for such a formula of marriage? The present study aims to survey Muatati marriage in law and jurisprudence which has been conducted by the library method.Muatati marriage indicates different meanings in jurisprudence and law. One of its common meanings represents non-fulfillment of the formula of offer and acceptance in marriage contract.Based on the totality of Quran's verses concerning contracts and some traditions as well as the accuracy of Muatat in transactions, some persons believe in the correctness of Muatati marriage. However, according to the well-known Shiite and Sunni jurists, the offer and acceptance must be oral in marriage contract. The important reason for the nullification of Muatati marriage is consensus and consideration of caution. There have been reasons from Quran, Traditions in favor of the preceding reason that some faults can be found in their implications.Article 1062 of the Civil Law has confirmed the literality of offer and acceptance in marriage according to Shiite jurists.Nonetheless, there is no specific contract or word or phrase in this regard, but rather it considers sufficiently any word or phrase or contract from any language if it has been stated vividly and frankly in marriage intentions.Furthermore, what can be implied from written reasons indicates marriage intention.The paper surveys the concept of Muatat, its revolution in the history, viewpoints of its proponents and opponents, and etc.Additionally, it investigates whether it is possible to compose marriage contract without offer and acceptance.

In this article, the writer tends to investigate the occupant’s responsibility by two hypotheses.Hypothesis 1: where the occupied person is in the control and availability of the occupant and the same captured one must be given back but if returning that captured one to the owner causes a lot of damage to the occupant, in that case, most of the jurisprudents believe in the necessity of rejecting that matter, but in this article, in addition to mentioning and analyzing the reasons of those people who believe in the rejection of the same captured one, the point in the hypothesis which believes in giving the item back is preferred.Hypothesis 2: where the property of the captured person has been damaged. For this hypothesis, two cases have been taken into consideration. The case of returning the deficiency & lack of transferring that deficiency to the whole property. The verdict for this case is the rejection of the same captured one accompanied with "Arsh" & the other case is lack of establishment of the deficiency and its transfer to the other parts of the captured property about which, this article has considered the situation between this matter that the agent of transfer is occupant and also this matter that the agent of transfer is not occupant. In the first matter, the occupant is responsible & in the second one, the writer considered lack of responsibility for that.

Nowadays, due to the growth of city-dwelling and apartment-dwelling resulted from many factors, presale contracts have become widely common among Iranians and mass constructors of buildings, big constructional companies, constructors of commercial services and residential complexes. And even administrative organizations try to collect the required capital for this profitable and lucrative economic activity before they start the construction.Jurists, lawyers and judges are supposed to justify and explain these kinds of contracts according to the current legal and Islamic jurisprudence constitutions to provide a proper and exact framework for arriving to a legal conclusion in disputes.This study explores the settlement and the presale and the reasons of adaptability and inadaptability of the above mentioned contracts.

In this article the author tries to analyse the concepts such as Faqih, Vali-ye Faqih, the difference between the Supreme Authority and Vali-ye Faqih.The paper also wants to prove that "Alamiyat" is one of the conditions of Supereme Authority.Imam Khomeini is one of the jurisconsults who negated "Alamiyat" condition in Vali-ye Faqih. He indicated if someone only knows the jurisprudence sciences, but he can' t recognize interest of the society, he won' t be a priest.Finally, it can be inferred that "Alamiyat" in Vali-ye Faqih relates to the governmental problesms and not to its idiomatic meaning.