JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES
Year:2009 | Volume:5 | Issue:14|Papers Count:8

Medical measures often have beneficial results for patients, but in some cases, it leads to patient's loss or death, although the physician does much effort and makes no faults.However, most of Imamieh jurists believe in physician’s civil responsibility in this case. Some jurists consider it with no civil responsibility according to beneficence rule, and it needs much thought on this rule with attention to these two different ideas.This article aims to study beneficence rule in physician's civil responsibility according to different viewpoints of jurists and the obstacles of this rule execution. It is concluded that there is no general command for physician's beneficence, since it is based on common law. So, the physician's behavior toward patients and the intention may be considered beneficent or may not in different situations.There is no civil responsibility in all cases that the physician is known beneficent, since civil responsibility and beneficence cannot be (gathered) together and Ehsan Verse's language and style is common for this case.

Constancy and change in the precepts can be studied from different aspects.There are three viewpoints which relate to these issues as follows;1. Affecting time and place on the precepts.2. Analyzing the role of elements which affect the religious theorist’s conception.3. Religious governor’s choices and society policy.This article analyses three above mentioned viewpoints. It should be noticed that every thing which is new is not innovation and every thing which is old isn’t tradition in Islam. There are also two precepts in Islam. Constant precept and changeable one.It is studied other issues in this article too. For example, change of precepts issues, vow, new profit, Taqiyeh (Persian word) and etc.

Courage is a title that it derived from doing an action or not doing it which a person has done in against of religious law and meanwhile it didn’t receive its aim. This means reality there is no any kind of an opposite idea about it. In this article in theory of Islamic law has paid an special attention and the meanwhile by the way of interpretation of these two different point of law the theory of not to be against it has been confirmed.

Torture is one of the most serious crimes which is noticed in the international law of the most countries and international law and is known as human law crime too.In our country, torture is prohibited and the legislator knows it illegal and determines punishment for it.In this article the author analyses this issue according to Quran, tradition and etc.

In this article, the author carried out the research about “reliability and unreliability of sighting new moon with equipped eye”, taking various researches done in regard to sighting of new moon into consideration. Studying both approaches, the author criticized the first one: “reliability of sighting the new moon with equipped eye”. The author accepted some reasons to confirm this approach. At the end, the evidences in each approach were mentioned.

The importance of business and its special role in people’s life and economical growth of the society is undeniable. In traditions, the business issue expressed as a wisdom growth factor.One of the current contracts is cash and credit one. Cash and credit contracts analyze uncertain contract, redemption condition and etc. This article describes accuracy of the above mentioned contacts.

In Iran’s law, heirs are the successor of their owner. Concerning of heir whom a joint part of heritage is devised him may be doubt because he is not to have a capacity in the refinement of legacy. Howbeit some of the faculties believed that we must know creditors as a type of successor but it seems that such a view is not correct and should know creditor as a third party whom has protected by legislator and acquire special position.