JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2011 | Volume:7 | Issue:22|Papers Count:9

Marriage is a mutual contract between husband and his wife and both of them enjoy some rights in this regard. Although they do not have the same rights but what has caused jurists to reserve a right for husband in imprisoning his wife is husband enjoyment of his wife.This research says that enjoyment should be mutual at the level of common law. It may seem that this right only leads to sexual enjoyment while jurists' opinion is general in this case. Spouses' rights are mentioned in the formal contract or determined by the common law. Why are all the wives' needs designed by the common law but not her husband enjoyment of her? Can we ignore such questions and give an unlimited authority to husband.In this research we will say that sexual enjoyment is mutual for both men and women and Islam has clear rules in this respect just at the level of reason and common law.Islam considers all the advantages and disadvantages of this matter for both of them.Therefore, preventing wives from going out for visiting her parents or her sick ones and so on is an overt oppression though some still believe that this is not true.

Transaction in order to escape from liability is one of the important and controversial subjects in legal topics. In article 218 of the civil law these taransactions were considered invalid, but after the Islamic revolution this article was abrogated, after a while, the legislator knew transaction in order to avoid liability invalid.In this article, we survey transaction in order to avoid liability in the Islamic jurisprudence and Iranian law.

Attorney contract is one of the legal contracts. It should be mentioned that it can be revoked because of some reasons. One way is that the client depose his lawyer. According to article 679, a client can depose his lawer every time he wants. But there is an exception in this regard. If there are some conditions in the contract, the client should act according to them. Here there is a question: which condition is the best? action condition or result one. Some jurists accepted both of them but only the result condition can be applicable in this regard.The present article aims to present the jurists ' viewpoints and analyse the two above conditions too (attorney of the lawyer and lack of deposition).

Execution of Islamic punishments is one the most important topic in the Islamic criminal law and criminology.Holy legislator emphasizes on execution of Islamic punishment and explain s its details completely. But some of the Islamic rules are not expressed clearly.One of them is Stun ning members in physical penalties.It's important to know this, because in nowadays, most of the Islamic punishment is physical and detection of this rule is effective for execution of the Islamic punishments.

Invalidity is the position of a legal act which is illegally and lacks the effects which are excepted if it was valid. In fact invalid legal act is an act lacking one of the basic elements. It can not take effect by subsequent authorization too.In this paper, we want to analyse and criticise the concept of invalid contract and its diffrences with concepts such as corruption, suspension and etc in the law of Iran and Egypt.

Rulling against the legislator is one of the disputable crimes in Islam. In the Islamic law, there are crimes such as plotting to overthrow the government, opposong to Islamic rullers and etc.The present article anlayses " rulling against the legislator" as one of the subjects in the political crime.

According to Quranic verses, nemesis is the punishment of murder in Islam, although it can be ignored by the blood-money and amnesty.There are some exceptions in the basic principle of nemesis too. The main exceptions related to berserk, child, killing children by parents, killing disbelievers by muslims and killing manics by wise man.The author studies the above mentioned subject in this article thoroughly.