JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2017 | Volume:13 | Issue:48|Papers Count:8

Company as a kind of legal persons contains lawful privileges of persons in law. Nationality is an important description and has notable impact in this ground. In spite of the different opinions for this subject certainly, companies have to have nationality of one country. In International or national law, the nationality of the companies will be determined on the basis of some acceptable rules such as Ezterar and Nafye Sabil. Hence in this paper the authors explain the conditions of these rules and the determination of nationality in the commercial companies completely.

Since the most important evidence to extract the rulings is rationalists' decisions, the nature of such decisions is required to be investigated and analyzed in the scope of the existing problems. Having studied the principles of Juridical-legal reasons for rationalists' decision, the author tried to prove the authentication and validity of the first basis where there is no need for rational decision to be authenticated by the lawgiver. The next step was to review the results of these principles in dealing with the existing problems. There was no need for the rational decision to be authenticated by the lawgiver with respect to the first basis which seems to be the only true basis regarding the rationalists' decisions. Then there was no need for the rational decision to be authenticated by the legislator too.

Islamic and criminal law regarding the children is not merely briefed in the panel policies. Regulating the response of manner against misdemeanor is a part of the Islamic criminal code. In Islamic criminal policy, in addition to this issue other dimensions are of concern as well. This section in Islamic criminal law involves the period of the child’s formation, that is, when the family structure is being established. Here, the child is protected by the law with respect to the three general concepts: promoting the idea of sexual desire towards regeneration by observing the law regarding marriage, regulated selection of spouse and educating and preparing the ground for the healthy family structure. It seems that in some aspects like the issue of marriage, the objective of support is rated based on the secondary comparison to the other aspects.

In Islamic criminal law, substantiation of Ehsan, undeniably affects the punishment of sexual offenses. Ehsan is defined as a situation when an adult man or woman-being permanently married- having the experience of vaginal sexual intercourse with his or her spouse in state of maturity and sanity, in which both men and women have the possibility to have sexual intercourses again and repeatedly whenever they want. For instance in terms of rape, which the death penalty is required, Ehsan will not have any effects, in other words, for imposing punishment it is not important that the rapist to be married or single, however, in some circumstances it would amount to both Rajm (stoning) and Jald (i.e. lashing one hundred times) or it would intensify the punishment (i.e from Jald to Rajm).Nevertheless according to the Islamic criminal law of Iran, 2013 penal Code, with the permission of judiciary head, the court has been given the authority to mitigate mentioned punishment to the Execution (a type of death penalty other than Rajm) or Jald when imposing of Rajm is not possible. Although such flexibility is admirable, the code is criticized at this context by the experts. The 2013 code in terms of sodomy recognize Ehsan as a requirement for intensifying the punishment of Jald (Lashing) to the death penalty, but the code does not apply Ehsan to intensify the punishment of lesbianism. In some sexual offences, regardless of the punishment, Ehsan will change the situation of an offender from undeserved for the death penalty to deserve it. This article at first is to have a review over the effects of Ehsan on sexual offences, and then explains the etiology of intensification of punishment in this regard; and finally criticizes the new provisions on Rajm in Islamic criminal law of Iran, 2013 penal Code.

The intervention of perceiving custom in commands inference is a clear and definite issue; however, limit of this intervention in practice has always been a vague subject of jurisprudential arguments; especially when custom judgment comes into conflict in distinguishing the concepts of the verses and quotations and the purpose of legislator on combining the verbal arguments with the initial wordings of verses and quotations; or when the decision of custom in conformity of concepts on the attributes, generalizing and restriction of the evidence context do not comply with the texts; in which case, the ambiguity has more manifestations. In this research that is made by an analytical-descriptive method in view of the definitions of Imamieh Jurisprudence in the range of application and practice of custom, eight cases of potential conflicts with jurisprudential verses and narrations have been identified and by introducing the viewpoints for resolution, the research ultimately seeks a clear criteria and law in each.

It is not clear when magic and witchcraft start in history, but undoubtedly they have a long history among the nations and especially religions. It is because these are extraordinary things that differ in the realization of ordinary affairs, and are not conceived and realized by conventional and ordinary traditions. This fact that ordinary people are unable to do likewise has Islamic and non-Islamic scholars to spur on researching and analyzing the quality and manner of realization of these matters. Whereas, such unusual affairs have their own limitation, and on the other hand they are different in terms of the purpose and the legitimacy (in the sense of divinity) and the lack of legitimacy. So it is necessary to recognize such issues. The witchcraft issue is great and abstruse especially at the present time and includes various aspects of the Quranic, cultural, social, mental, and even political. This paper aims to study this issue in particular, while attempting to familiarize the reader with history and culture of magic in today's civilization. Sometimes, witchcraft is considered as jugglery, and it’s sometimes just imagination and indoctrination. Even it can be done by using unknown physical and chemical properties in some of the objects and elements, or through the help of demons, or sometimes using of spices and medicines. Regarding the hadiths from the great leaders of Islam, we are strongly forbidden from magic and witchcraft. This paper attempts to highlight the emerging phenomena of magic, including internet, realistic stories, the music album called Magic by Walter, movies and clips on the Internet, hypnosis, and telepathy. However, there is a need of Ijtihad for its jurisprudential ruling. Thus, in the present study, the modern and traditional magic and magical examples of contemporary society have been addressed through a library method.

This paper relates to the changeability of the verdict in some circumstances based on the three hypotheses; first, the judgment is unchangeable. The second assumption indicates that a ruling changes in the situations due to the change of subject or criterion. Third, the sentence is fixed in some sections. In the present case, first, the interpretation of the change is incompatible with the rules of principle and the lyric. Secondly, the meaning of change presents an issue that has a ruler, with the preservation of all circumstances. The authors believe that the new verdict is not a change.

In spite of bringing the arbitration in Imamieh jurisprudence to resolve the disagreement among couples, there are some differences in the nature of arbitration among the jurists. In this paper, following the explanation and critique of the two theories on the nature of arbitration, the authors accepted the theory that considers arbitration as a Consolidation judgment. Also, by examining the concept of consolidation judgment in jurisprudence and the concept of arbitration in law, it has been proved that these two concepts are overlapping each other.