JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2011 | Volume:7 | Issue:24|Papers Count:8

The status of suspended contract is unclear. Perhaps it can be conceived that suspended contract won’t affect legally if the suspension act con’t be occurred. Based on jurists’ viewpoints, there is an original right which is obvious not probable in this regard.This right which called “ALI Right” affect on both parties’ relation of transaction and relations of the third persons too.In this article, the authors analysed the above mentioned subject completely.

One of the main issues that engaged the mind of religious persons is the command of religion about shave. The issue of shaving among Shiite jurists was first introduced at the end of seventh century but specifying its legality was started in the tenth or eleventh century in shiite’s jurisprudence books.According to the different reasons, Quran, traditions, consencus, fame, wisdom and etc, the believers in shave legality deduced some documents, but by reviewing them exactly it can be found that none of them has enough competence to prove shave legality.On the other hand, from the early to now, none of our prophets, jurists and Islamic law scientists has not shaved their beard. So based on the precaution condition it should not be shaved.

Discussing about spiritual loss and its calculation and compensation method is one of the most interesting matters and intricate issues of law and legal researches too.In spite of suitable background in legal texts for the possibity of compensating spiritual loss, the majority of law courts avoid to judge about spiritual losses demand.One of the cases of spiritual losses is the loss surplus to blood-money, since each person loses different physical and spiritual benefits due to physical damages. It should be mentioned that paying blood-money is not sufficient for compensation of some damages. It would be a disputable issue in the legal law courts.

With the progress of science and technology, there have been new problems that experts always arguing and studying about it. One of these problems is the presence of transsexual individuals that physicians and lawyers have taken into consideration. These are persons who have healthy sex organ physically but their mental status is unhealthy, that is to say, they can’t accept their sexuality mentally, Men who follow ladies life and womens who want to live like men.Transsexualism is a mental illness that leads to Sexuality change finally.Sexuality change of Transsexuals has effects that the jurists, lawyers and physicians are studying about Transsexualism illness, sexuality change and its results.In this article, the authors consider examination of sexuality change and its judicial examination.It means what is Transsexualism? Is there possibility of sexuality change? and Is sexuality change a permissible matter or not based on jurist’s viewpoint.

In the Jurisprudence and law, there are different legal theories and institutions, They’ll organize a jurisprudence-law system altogether.Yet jurists violate most of these theories and institutions. Hence, according to comparative and simultaneous viewpoint of the Shiite jurisprudence and law, there are some unknown theories and institutions.In internal law, it is considered civil law of some foreign countries and in international law examination of some treaties concept introduces an institution for cancelling the contract.The present article aims to answer the following questions: -Is this institution of contract cancellation known for shiite’s jurisprudence and law.-What is the policy of shiite’s jurisprunce and law for contract cancellation of this institution.

Destruction of environmental is one of the most important subjects in the Islamic jurisprudence and law. In jurisprudence view, it is accepted that the destructors of environment have strict liability but unfortunately practical procedure of the courts is based on proving of Fault.The wasting of common natural heritage is one of the types of the wasting of another person’s property, although in environment case the concept of property should be extended to encompass the matters such as air.Acceptance of civil responsibility for destructors of environment is based on the impediment of the damages, by contrast the biocentric and Antrocentric approaches in the field of the protection of environment, jurisprudence approach is a Antro-biocentric approach.

One of the facilities that legislator is considered for the condemned party until insolvent debtor not stand to hardship & difficulty and also deprive of a least life is "debt exceptions". Namely, some of those properties which are essential for the survival be far from judgment creditor. This legal institution before that entered in law texts has been expressed in Islamic jurisprudence by great jurists. In this article, we survey the judicial bases of debt exceptions and explain our own comment finally.

Human being enjoy all divine rights after birth. Everybody is deserved to enjoy these rights including civil and natural rights which described in Islam.Civil relationships of human being involve emotional, social and economic, relations.In Islamic banking, economic relationships of people are based on Islamic contracts. One of these mutual economic relationships between people in one side and banks in the other is "Jealeh". Loans are given to people in banks under the title of Islamic contracts which one of them is Jealeh.Jealeh is a judicial deal which is known in Iranian civil code as a definite contract.It is regarded as a way of giving loan in usury-free banking law of Islamic parliament.According to the third chapter of the above-mentioned law and the practical instruction of Jealeh clarified by the council of money and credit, the author presents its precepts.