JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2012 | Volume:8 | Issue:27|Papers Count:11

The legislator has allowed the governor to give moratorium or installment to the lender based on article 652. If the debt subject be related to the bill, the value of money may decrease. Also, the lender may be deprived from the benefits that could obtain by the use of his money too. There are many different viewpoints among the scholars in relation with being eligible of devaluation and compensation of delayed payment. It seems that devaluation is under the guarantee and purchasing power of money must be respected. But according to article 522, there is no possibility to compensate devaluation. Compensation of delayed payment is not eligible too.

Euthanasia or death due to compassion is discussed in religious and legal groups of the world as a conservatory medical issue that is concerned with incurable patients who have no ability to live and request death from their physician. This question was analyzed with respect to judicial and lawful studies after medical study of euthanasia. The religious task of physician in euthanasia or death due to compassion is as a revere which is a religious judgment. Such judgments are not terminable because of consensus by all the religious jurisprudents. But religious restraining order of physician's action is murder in this case due to intentional kill by the physician or medical team and it is considered as premeditated murder, so religious restraining order for such actions is retaliation, but permission of murdered person before the murder makes it doubt and according to well-known ideas of religious jurisprudents, it waives the retaliation. In return, some of the religious jurisprudents believe that retaliation is not waived pursuant to rule of ESGHATE MA LAM YAJAB (Waiving what is not necessary at present) because at first they believe that the right shall be demonstrated then it may be waived and right of retaliation would be demonstrated after death not before.

With the advancement of medical knowledge and the possibility of infertility treatment through medical sciences, different and complex issues and questions have been alleged in the moral, lawful, social and religious areas. They should be answered by jurisconsults and lawyers and sociology scientists to provide suitable background for codifying comprehensive rules. One of the lawful effects of child birth by artificial insemination is inheritance between child and sperm owners. There are many questions in this regard as follows: In artificial insemination with husband s' sperm or sperm of an alien who become relatives? And between the child and which person to be established an inheritance relation? What is the inheritance status of child whose semen coagulated after the death of owner's sperm? Is there any similarity between inheritance of this embryos and ones who born naturally? And etc. The authors explain mentioned questions and indicate there would be inheritance relation based on genealogy relationship.

In the lawful system of many countries, it is paid more attention to the mortgage contracts. Some of these contracts include the contracts between lawful and natural persons in notary offices and mortgagees will give some facilities according to some guarantees to pay back them through frustrating position of contract or due of its obligations to mortgagors by administrative legal orders. There are some similarities and differences between these contracts and mortgage contracts in our Islamic lawful and jurisprudence system.

The truth is that pioneer jurisconsults regard the role of time and place in deducting the percepts trivial. They indicated this truth in related issues but there is a consensus among them about the trivial role of time and place.

Protecting blood & respecting people lives have always been taken into consideration by Islam. Paying mulct from the treasury is a way to prevent men’s blood from being trampled and respected the prestige of people in the society. A point about this article which is examined is that according to some traditions, paying mulct from the treasury, indicating some conditions should be considered for Muslims. The most important document about this case is a tradition from Imam Ali says: "La Yabtelo Dam Amre Moslem." About paying the mulct of a non-Muslim from the Muslim treasury, there is no special rule. But with more attention and reliance on verses, traditions and documentaries about paying the mulct of non-Muslim from the Muslim treasury under some special rules can be proved.

Equity, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from justice, Estehsan and etc. It is one of those cases that their presence makes good essence and their absence follow unfavorable essence. The principle of equity can be proven by verses and tradition. Several cases of the practicality of this principle can be seen in the lives and judgments of the Immaculate. The principle of justice and equity has been used by several Jurisconsults but there is difference between equity and justice. Equity is an important concept in Roman and German systems too. In Iran, equity in not a rule and some lawyers indicate it as lawful source.

This study is about the role of time and place in Ejtehad (supreme religious competence). There are different views on the influence of time and place on the Shariat decrees. The purpose of this research is to understand the interrelationship of the above two factors along with the views of the supreme religious authorities. Comparing traditional and Javaheri Ejtehad which Imam Khomeini (pbuh) has inherited reveals that the time and place factors have not been recognized the sole reference of Ejtehad. It is noteworthy that the Book and Shariat are interlinked in Shariat decrees and Ejtehad position whereas time and place are directly related to the specific decrees that is to say that through time and place the base of decrees and their specificity –internally and externally- are highlighted and dynamics. That is why that a decree on a specific subject can change with time negating or emphasizing the previous one. Therefore, time and place on a decree play their roles and not only decree.