JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2015 | Volume:11 | Issue:38|Papers Count:9

Leases are primarily concluded in the form of "mortgage or rent," in today common norm. Due to some legal objections govern on this type of contract s, jurists have raised suggestions including justification for the above contract in the form of conditions provided loans or conditions of loan and deposit on the rental contract. Among the solutions proposed in this regard, there is a method has been provided by some scholars such as Ayatollah Sistani and it will be remembered as a condition of sale and lease contracts. Meanwhile, the question that arises is about the legitimacy of this contract. What are the different forms of this type of contract? Can we attribute them to the accuracy of the transaction in all given forms. The authors also explain the various assumptions discussed in this study.

In the bilateral contracts there is a reasonable balance between considerations of both parties. Non-fulfillment by one party or frustration of contract by one of the parties is creating an option to the other party of those contracts including option of delayed payment of price and option of unfulfilled sale in part. Insolvency option is one of these rights which enacted for protection of the party who has to fulfill his promise or is willing to fulfill his contractual obligation. This legal option to terminate of contract is based on Islamic jurisprudence and predicted in the article 380 of Iranian civil code. In addition, there are articles in Iranian commercial code which relating to the right to retention or retaking of goods which loan or sold to bankrupted merchant. This paper has analyzed the subject in Islamic jurisprudence and Iranian related Acts.

Understanding the nature of religious juridical subjects is one of the effective necessities of religious jurisprudence in making clear the religious precepts criteria. Both cleanliness and uncleanness are very important issues in the religious jurisprudence that understanding their nature from real and not real points of view may cause some basic changes in the field of cleanness and uncleanness. Now the question is whether cleanness and uncleanness are considered as real issues or nominal issues, what are the necessities and consequences of both views? Researching of the received religious percepts in the field of cleanness and uncleanness indicated that despite of lack of vividness in the nature of cleanliness and uncleanness from the viewpoint of real or nominal because of explicit reference of religious percepts criteria in the cases these proofs considered from high potential in proving and extracting of reality of cleanliness and uncleanness. The researcher not only considered the religious percepts in the field of cleanliness and uncleanness but also studied the criteria for religious percepts and concluded that cleanliness and uncleanness are a real affair which can be a matter of nominal religious percepts, and in that religious speeches they did consider cleanness and uncleanness for all things with attention to the real presence of both.

In marriage the husband is obliged to give money as dowry to the woman or to take it as a commitment. There is no legal reason that the dowry shall be the property of the husband. So someone other than husband can give or be obligated to pay dowry. Party's commitment to pay the dowry involves several legal effects. The basic question in this context is that the commitment of third party is equal to pay dowry by husband himself or it is different? There are many similarities between the two cases, but in dissolution of the marriage commitment and the right of lien, some differences are seen. This article surveys these differences in Imamiyah jurisprudence with emphasizing on Iran's civil law.

In an Islamic government, taxes fall under two categories: Fixed and unfixed. Fixed taxes are the ones specified in the religious texts in terms of amount and rate; unfixed taxes are those imposed as per the necessities and needs of the society, the amount and type of which varies depending on the time and place requirements. Because imposing unfixed taxes in an Islamic society must conform to the Islamic religious teachings to be accepted by the theologians, investigating the related jurisprudence principals is of prime importance. In this analytical-descriptive study, after investigating the Holy Quran verses, sayings by Holy Prophet or Imams, jurisprudence principals and Islamic regulations such as Velayat-e-Amr of the Islamic Jurists; a system of government wherein the Islamic clergies (Ulema) have the ultimate saying in the military, judicial, legislative, and executive branches of government, it was revealed that imposing such taxes by the Islamic government is not only allowed but also obligatory in some cases.

According to clause 2 of article 115 of the Islamic penal code adopted in 2013, if a person commits a crime abroad, those laws that stipulate sentences for Tazir offences, they should be just as responsible for the crime as if they committed it in their sponsor nation and under Iran's Islamic penal code, he may be prosecuted, tried and punished for their crimes even if he is sentenced to be punished on that country. Specific punishments has been prescribed in Islamic law for a discretionary punishments such as male homosexuality (article 237 of the Islamic penal code), admitting to adultery (article 232 of the Islamic penal code) if a man or woman confesses to adultery less than four times. Clause 2 of article 115 of the judgment is contrary to the prohibition against double punishment and needed to be interpreted cautiously. If an Iranian person who is non-Muslim commits a crime outside of Iran which is considered to be as Ta’azirat penalties on that country he shall not be sentenced to Ta’zirat punishment if he has borne the punishment. Similarly, if a person who aids and abets in a discretionary crime outside of Iran, he shall not be sentenced to Ta’zirat punishment if he has borne the punishment on that country.

To give attention to importance of decrease or increase of human population at different aspects (scientific, cultural, social, political and economic) we try in this article to choose the best idea, to agree or disagree with birth control, to take into consideration of jurisprudences ideas and their basis. So we will analyze it, after explanation of four main ideas about population, in the opinion of Muslim jurisprudences that is conforming to each of them. Anyway, Islam never had ordered about increasing or decreasing population, explicitly and clearly, so the final strategy will he determined in respect to Islamic principles and doctrines and time and place necessities and social conditions. This important duty in this responsibility of Islamic ruler, that issues “The governor rule” to keep the public discipline, and orders new rules and occasional laws to regulate the social affairs, based on the interests and mischievous that determines, and reacts to special needs of time and place, while keeping the basis. It proves that Islam conforms to the theory of proportional population.