JOURNAL OF HISTORY OF CIVILIZATION AND JURISPRUDENCE
Year:2010 | Volume:6 | Issue:24|Papers Count:11

Sales by auction is a kind of selling, causing the salesman or his legal deputy to supply or sell a property to people during a definite time for a definite price following special desciplines governmentally or normally. Through the joining of the purchasers in the auction session, the trade is done through the satisfaction of the vendor.The prevailing of the auction according to the economic and social situations and based on the commercial transformation description is performed in such a manner that the largest number of people can participate in it nolence and volence.All the lawful acts are based upon the rule of will and determination. As auction is in need of determination, it is excluded from the rule of agreements, for a contract is enough. This kind of selling is a contract and is considered ownership or exchange. Therefore, to be present is one of its rules and specific characteristics as well as decisive and on cash according to certain proceedings.This paper seeks to study and explain auctions based on the rules and norms covering all the shortages and the manner of performance and the terms of auction as compulsory rules.

The history of Andulusia carries celebrated personalities and households who influenced greatly upon the fate of that land. One of these households is The Sons of Amer (Bani Amer), who lived in the late 4th and 5th centuries when the Umavid government exerted powerful and great authority so seriously in political scene and soon got hold of the political reign of the country.Three of these dynasties rule over Andulusia absolutely over three decades while the Umavid caliphate had no influence over the country under their suffocating power. But various elements caused the fall of this authority, including the autocracy in voting in internal policy, boldness in external policy, and ignoring the power of the fundamental elements.However, the Amerids and other certain attatchments were able to continue their authority as feudals over some areas in Andulusia for some time after losing their central rules, who were incorporated with other ruling powers due to their military and political weaknesses and flaws.

In several years, the history of Iran and Islam have incorporated with each other so closely that it seems to be inseparable. And in certain events of history, the climax of generositry and bravery of Iranians has more reaction. The occurances of the Sons of Yemen is one of the indications of those proceedings. According to documents and evidences, the first Iranian Martyre at Davoodieh is also from among the Sons of Yemen. Therefore, it is worthwhile considering more deeply and accurately.This paper is an attempt to examine this fact, regarding the historical records, documents, and sources that this group of Iranians were among the first People who coverted to Islam while sparing nothing for themselves for this purpose. The fact of accepting Islam and sacrificing in this way is unique and unprecedented. The greatest service of Iranians in Yemen in defending Islam is considered more important when it dates the false prophets and other seditions as well as various attacks and risky times for the Muslims.

Under the Islamic criminal law, the defence of property is permitted. Property, like soul and man’s dignity, is of great importance, and there is a limit for it in case of an encroachment over it in the Holy Qur’an .As for the defence of property, there are several reasons about the necessity, and permission of defence. The jurists believe that an individual can defend against the invasion over his property to prevent from encroaching over his wealth according to the destined and legal limits, so that he can drive out the encroacher, even though the defender may be afraid of murdering a soul.Defending one’s own property is permitted; however, what causes permission or forbidding depends upon the obligatory or forbidden cases that may occur to the property and to the defender.

One of the famous jurisprudential rules is the compulsory warranty. In fact, this rule consists of two parts: the reasoning of the base, and the negating of the reverse. The meaning of the rule and regulation is that every contract tie that requires suretyship to be valid, its corrupt is also based upon guarantee, and every contract tie which does not require guarantee to be true, its validity does not cause warranty.This article deals with the background of this rule according to the Imamiyyeh and the Sunnite jurisprudential texts and comes up with the conclusion that is known as the rule of Mostaydeh with such a meaning that is not found in any verse or version. But it is possible to find it in the collections of legal injunctions in different chapters and in various cases.In the Five-school sects and creeds, it has been considered and accepted simultaneously as well as in the 4th century in the Al-Mabsooti of Sheikh Toosi and Sarakhsi, two great Shi’ite and Sunnite scholars.This paper is also interested in studying the comparative application and the meaning of this rule from the viewpoint of the Suniites and the Shi’ites.

Nowadays, confrontation is one of the investigatable cases of the relationship between the traditional religious sciences and the modern ones, particularly the human sciences, and in certain cases, there is a similarity and sometimes an authentic relationship, including the scope of juris and law.This article is interested in studying the relationship between these two disciplines, so that their contradiction can be removed.Although jurisprudence and law are different in some aspects, they are not separated from each other and have some things in common.Sometimes, they hold the legal injunctions of the attributes of a rule while acquiring all the necessary elements of the law rule.Jurisprudence is also one of the disciplines derived from the Islamic texts. On the other hand, juris is a divine law and in Islamic system is the same laws and regulations carried out after the bottleneck and reasoning. Juris determines a part of living manner destined in the Islamic divine law. On the other hand, juris is a part of philosophy, theology and discourse as well as exegesis.Therefore, it is important to recognize the purpose of the application of juris and the Islamic law, juris and the jurisprudential schools, and in comparison with it to know the modern law and the artistic and competent law, so that man may become more aware of the Islamic texts and the social life.

There are different kinds of transactions in human societies from which men enjoy according to their own economic and financial conditions.Manufacturing order contract is one of them in which a person refers to artisans and orders them to produce a product for him as a result of which a contract is made between them.What is sometimes referred to is the viewpoint of the Shi’ ite jurisprudence in such a transaction which is not considered true and is not valid.This article is an attempt to investigate the jurisprudential points of view in these sales and dealings with the Shi’ites and the Sunnites. And on the other hand, it is the explanation of how this type of trade is done under the Islamic Banking System.

Order, as the basic rational concept to understand the meanings and to reason injunctions, has been the concern of the intellectuals of the exegesis scope and Islamic jurisprudency since the remote past. to consider the quality of the implementation of this intellectual instrument and its transformation trend as a term in verbal meaning to its rational rule in the Shi’ite juris merits deliberation.The Shi’ite Jurists, from the Sheikh Sadooq down to the 8th century, did not consider a meaning for Order (Siaq) more than the Order of Guidance as well as the verbal meaning, but in the following centuries, some of the jurists accepted Order as an important rational instrument in the process of Ijtehad, especially during the contemporary era, the unity of Order has been considered as a bas ic characteristic of Order by jurists.The Shi’ite jurists, unlike the application of Order in jurisprudence, have not defined it, so the present paper is concerned with the investigation of the functions of the jurists, which is important for the understanding of the meaning and the purpose of implementations.