Jurisprudence and Fundamentals of Islamic Law
Year:2015 | Volume:47 | Issue:2|Papers Count:8

Insurance is one kind of uncertain contract. It is possible that insurance located as another form and title but it is no one of them and it is independent contract. Extension of loss in process of insurance is possible (like other contract) because the rate of insurance may be more less than the installments and payment of insurance or it may be less that whole of it. Possibility of loss in insurance is in three case including; firstly ignorance of substitute and return. (Casing loss or not and premium from the side of insurer). Secondly ignorance of quality of substitute (rate and kind of possible loss). Thirdly no ability of submission (the lack of insurer for paying the payment). Certainty of this loss in insurance contract is not clear and proved because the possibility of accident during of contraction is possible and reasonable and uncertain. In the common way it is true too. Permission of right purchase is the good reason for lack of loss in the contraction of insurance. Regarding to this fact that payment be certain for compensation of loss it is true that the contraction has been done in present and before of compensation.

Does Muzarebah include all Commercial activity or includes only sale? In jurist opinion Muzarebah is valid only under two conditions: 1. being with money or in cash and 2. Commercial activity for interest should be sale. It is vague about meaning of commercial activity. In accordance with the aim of Muzarebah legislation and general provision it seems we can extend the subject of Muzarebah to all legal Commercial activities.

The issue of the property of computer data is very important in different sciences such as religious jurisprudence, law, economy and even computer science. The proof for the property of such data can have some effects as well as civil and criminal acts. The nature of these data and their property require essential explanation. In this study, computer data is defined and then, it is compared with different principles of objects as property such as foundations of economic value, mores and wise men, meeting needs and other valid foundations in the assessment of objects as property. We will observe that the data are consistent with all criteria of for objects to be property. In this way, the effects of objects to be property have been investigated and computer data have been evaluated in terms of the acceptability of these effects so that the effects of the property will also be analyzed. This study is a new effort to achieve this objective and provide a new horizontal in criminal issues related to the object property of computer data.

Quran as the first and most important source of religious orders, meet all human needs in all areas; hence, the most jurisprudence rules of this miracle of God is without detail and not always in command and prohibition; but sometimes located in amidst other Quran topics such as religious and moral issues, proverbs and stories. Stories, one of the most influential and repetitive of the Quran topics, in addition to being have lots of advice and lessons; in many cases, from their intents and purposes are obtained contents that can be field of inference and fiqh. Using Quran stories to deduce the laws, gains a lot of different issues in areas such as trade and administrative and judicial; as religious Jurists have been extracted many rules in the various issues from stories verses; such as: legitimate of lot and reward and guarantee and delegation and rent, predicate name of child to grandchildren from daughter, and unlawfully of music and singing.

Many of the constraints and principles of warfare and humanitarian law in the current era are in Islamic religious law, including the Shia texts, but there are better and more humane. Shia scholars are discussed in this case, but not independently rather sporadically in jurisprudence jihad sections. However, it cannot be denied that in the Shia texts and heritage topics such as "al-Sayr" or "Islamic law of war" have not been written independently. This is mainly because in the Shia community in the history of Islam Due to political conditions and lack of access to government, except on a few occasions, and due to social oppression, jihad sections have limited to the traditions of government orders such as legitimacy of jihad and war in the priod of absence, necessity and obligation of jihad in the priod of absence …, And Finally, limited to a brief mention in the margin to such legal issues as properties and booties of rebels (Ahl albaghi), treatment of civilian prisoners of war in Dar al-Harb, prisoner’s condition, booties women and children ….,This study aims to review and brief search on the issue in Shia religious texts. In this regard, it was firstly clear that the Shia cultural heritage about principles of warfare, although sporadically, were full of human rules and behavioral restrictions on the wars. Secondly, an overview of treaties and provisions of humanitarian law and the law of war at present show that provisions of the war in Islam and in the Shia thought in comparison with the laws and rules of humanitarian law and international treaties not only compatible but is based more on the moral and humanitarian considerations.

parents’ authority in support and education of their children should be used only to protect their best interests. Therefore if protection of child’s safety, health or education so requires, this authority may be limited or withdrawn from the parents. In Imami jurisprudence, Iranian law and French law, welfare of the child is the main factor governing the support and education of the child. Each of the three legal systems, therefore, developed its own measures to protect child’s welfare. However, in French law in addition to the protection of children, measures of educational assistance could be judicially ordered to help the parents fulfill their parental authority. In Imami jurisprudence and Iranian law parents may restitute their parental authority if obstacles are eliminated. In French law it is the same except if the child has been placed for adoption before restitution request.

The main purpose of this survey is to study the use of ‘dalil aqhl’ in jurisprudential ideas of Shekh Ansari as one of the greatest ‘shia’ jurisprudents. The method is based on analyzing of jurisprudential content and has done through studying his relevant book. The result shows that he blive that wisdom is an inward messenger so he accepted it as a reason, The indipendent wisdom warrant is acceptable and it understand evil religious unlawful, certain reason is peior to difinit textual proof, the reason chooses better evidances inconflicting, it helpe the shaia reason in reasoning to the general. As well as it constitute some general priciples and rules.

This article reviews the impact of the governmental approach on contemporary fogaha attitudes about Consumption imam’s dues in time of absence, Given That one of the major issues of Fiqh al-eqtesad is Consumption imam’s dues in time of absence and In the last Century, the Shia has fond gouvernemental approche to Fiqh, The question arise that what impact has been this change in approach to the issue of Consumption imam’s dues in time of absence? To answer this question, change of the approach in of the two schools of contemporary Shia’s Fiqh (Najaf and Qom) has been studied by Descriptive and explanatory described method. The paper concluded that Najaf and Qom Schools of Fiqh were tending to governmental approach and According to this view beloved that imam’s dues provide part of the Islamic state’s cost, Imam Khomeini initiated by the governmental approach to Fiqh and some of his students have followed this approach and then This tendency can be found in the Najaf school And martyr Sadr were inclined to consider this approach and developed by his students.