JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2010 | Volume:6 | Issue:18|Papers Count:14

When two parties make a transaction for fulfilling their needs and providing the benefits of each other, this transaction will have some effects. Then, if they found that they don’t reach their intended objective and regret it and request for dissolution of transaction, they reach an agreement to cancel the transaction (dissolution of contract) and its effects will be also vanished.Here, it has been tried to investigate about conceivable issues on meaning of "cancellation of contract" and its nature or about the fact that "is it cancelable" or new transaction and the conditions for authenticity of cancellation and its issues in law and jurisprudence and express the application of "cancellation of contract" in different contracts and covenants and finally the effects of "cancellation of contract" and its subsequences.

In the law of Iran, man can take divorce his husband with applying of foreseen formalities, without need for proving particular reason, but woman must prove particular causes for taking divorce. Abandonment of sustaining, absence of husband, committing of crime by husband are including these causes. The proving some of these causes in the cases is difficult and therefore taking divorce is impossible for women and this is one of problems for them.In this article, reasons for divorce by wife and the ways of proving it are discussed; the examples of decisions of courts are stated.

Dowry is one of the most important financial consequences of marriage contract which has been considered no limit for it by Quran and narrations. With respect to it, its determination in civil law is subject to two parties consent. How the dowry should be? husband is obligated to pay it according to the law and does not have contractual basis. It can be presented any legal terms within dowry like other contract. These terms may be within contract or about dowry. In this paper, we consider the terms that may be put forward inside dowry contract and analyses of these terms from legal and jurisprudence viewpoints and relate differences between two parties and their consequences.

Investigation of claims is usually within the Judicial officers, but today a new criminal Policy, called "Social defense movement" is raised which tries to fight misdemeanants in scientific ways. The police of diversion which was presented by lawyers is in line with this policy. Diversion is a policy that tries to make the belligerent Parts free from the bureaucracy of Judicial system.One of the instruments of diversion is the private Judgment in which the opponents of action can choose a qualified person out of the centralized Judicial system to conclude the litigation. On the other hand , in Islamic law, a similar institution called "arbitration institution" attracted the attention of Jurisprudents for centuries. What is discussed in this article is the quality of proving the legitimacy of private Judgment through arbitration institution. For this purpose, the reasoning of the proponents and Opponents is discussed and finally the reasons for the legitimacy of private Judgment are stated.

In the old jurisprudence, there was a theory that a woman can ask divorce if his husband doesn’t give her alimony and most jurists accept it. In Shiah jurisprudence, this theory is not accepted. There are different viewpoints about this subject among the jurists and the authors who study it.

The question of apostasy is one of the vital and special issues in Islam. Complete research and investigation about this issue would not be solely possible through the science of jurisprudence but we must study it also from the view point of sciences like history, interpretation of Quran and philosophical theology. This assay tries to prove that everybody is free in all theoretical and practical aspect of his/her life unless it leads to violation of other people rights according to Imam Khomeini's views and Islamic laws. So we have studied the whole question of apostasy and it’s concerning decrees from the viewpoint of jurisprudence and law along with taking up the verses of Holy Quran and interpretation of them and narrations and traditions belonging to Imam and also Imam Khomeini views.The conclusion of this assay is we have to consider expediencies regarding time and place and their situation for achieving the real decree and law of the lord.

There are various differences between the way we provide our necessities nowadays and the ways our grandparents did it many years ago. Appearance of big stores has played a magnificent role in this regard. Providing a long period of time, vast area, and right to choose articles freely from the shelves are the most important characteristics of this kind of sale. From jurisprudence point of view, the time of concluding contract and passing liability is very important to be discussed. One of the most remarkable questions in this regard is that if an article damages while it is in the cart of buyer, who should pay for the damage: the buyer or the store? The first step to answer the question is the interpretation we have from taking goods from the shelves of the store. If we consider it as offer, then no contractual responsibility can be recognized and general principle of tort law may result in responsibility of the buyer. But if we interpret it as acceptance of a unilateral contract offered by the store, then we can benefit the advantage of some sort of contractual responsibilities.However, taking into account the aim of providing such a vast area for shopping and unfair contractual position of the parities, it seems that it is not acceptable to consider responsibility for the buyer while she was acting reasonably and without fault.