Jurisprudence and Fundamentals of Islamic Law
Year:2014 | Volume:46 | Issue:2|Papers Count:8

Theft is considered to be one of the most ancient crimes against properties and ownership to which human societies have engaged for a very long time .This crime has been faced intensively every time and everywhere and the people who committed such a crime have been treated with many kinds of heavy punishments. In any case in many law systems theft from relatives is treated in a friendly way. In the Islamic punishment jurisprudence this friendly way of treatment is possible to be seen differently about parents who thieve from their children. Imamites’ jurisprudents believe that this friendly way of treatment is only limited to the fathers and have no belief to this about the mothers. Firstly, our research showed that the permission for stealing the properties and ownership of children by fathers is not absolute and it is conditioned to the some conditions and states and secondly, based on some proofs, if the mothers have committed to theft crime from their children they will be free of punishment for theft and cutting off hand as well as the fathers.

in the law of embryos donation that was approved for artificial insemination or treatment of infertile couples, the legitimacy of fertility was subjected to observance of the Islamic criteria of artificial insemination without clearing and specifying them. with due attention that the Artificial inseminators are physicians and not specialist of Islamic law, it is necessary that the lawmaker revised the law and Select a method that is in accordance with Islamic prerequisite criteria and also determine the Islamic criteria of artificial insemination accurately which the most important of them are the sanctity of receiving woman’s uterus, the observance of Iddah during the pregnancy and the necessity of perseverance the child's parentage that shaping his or her identity.

Freedom of volition principle is concerned as one of the most important and fundamental principles in jurisprudence. One instance of expression of freedom of volition is right to terminate the transaction with option of condition. Performance of option of condition in contracts is simply accepted, though in some instances of contracts such as marriage, devotion and guaranty there are disagreements, the performance of option of condition in unilateral contracts has been countered with restrictions and obstacles and many of jurists aretry to explain the lack of option of condition performance in unilateral contracts.Famous view among companionsis the lack of penetration of option of condition in unilateral contracts. In addition to consensus, their reference is the wisdom aspects which some of them refereed to that, unilateral contracts utterly don’t accept the condition and some of them refereed to that, unilateral contracts don’t accept the special aspect of condition. In this study, the reasons of discomfit and their evaluation are explained.

When we have one certainty in the past we have to resume that it continue in the present. It means Esteshab. This article is about Esteshab in the time and in things belongs to time. It argues that this Esteshab is not voidable for its flowing nature because custom accepts its consistence. It is not important that Esteshab is in whole existence of the time or in one of the characters of it. But some scholars believe that some kinds of this esteshab are not valuable. The basic question in this Esteshab is not uncertainty in survival but we have doubt in continuity of the last certainty. This doubt will remove with attention to the nature of time and things belong to time.

Islamic texts devote more money as a “Scrambled dedicated Vdynar” because of the money in the early Islamic period, confined the two, that is. Definitions provided by scholars to devote exclusively dedicated to the peerage led to the exploitation They die from causes not within them, thus equipping the expanding circle of devoted most of its assets have been impossible. Today, due to the nature of the endowment money, credit money gov This question is legitimate?Although accepted by most societies devoted to the subject (under various titles), respectively. today, the most important difference is in the area of waqf property need review in matters of jurisprudence, law and economics, it is no secret. Well as the definition provided by the Shi''ite jurists and scholars that "imprisonment same property” has caused the issue is unique in the Lords, but with the economy and the economic arena today, it''s much broader meaning than Before we knew it is over. With such a goal can be stated upper limit is dedicated to reviewing and considering the present day, the traditional notion of the necessity of survival if the property can be used to review and reform.

bail one of the chapters is a legal jurisprudence Today, the scope of the courts and judiciary widely spread And is clearly visible in the criminal and civil bail from Different angles as a condition, sentencing, and its variants can be investigated. One of the less discussed issues of bail coercive This type in the bail that The due is the use of coercion and domination Legal works of regarding surety, Mkfvl les, Mkfvl Anah jurisdictions And other persons covered by this concluding will bring into existence In this article we are to rely on library research methods and analytic techniques, To review the definition, bail enforcement issues, principles, responsibilities, punish the offender in criminal and financial sponsor, the sponsor''s death to escape Mkfvl Nh Weberian perspective of law and rights, should be.

The present article pays attention to the effects of Trans sexuality in crimes and punishments. The subject of following the legal and jurisprudential provisions due to condition of venue and places and competency and corruptions, is the inevitable matters and the trans sexuality as well as matters which have to the contemporary jurists towards usage of active jurisprudence try to find the reality, . Meanwhile several and new presented opinions on behalf of contemporary jurists, but in provisions and regulations of Iran, the subject of Trans sexuality no provision or bye-law can't be seen or find-with respect with high scale of persons who change their gender-. With respect to the maxim of legality of crimes and punishment, the act of changing gender not only doesn't consider as crime, but also is legal act. In most criminal subjects at criminal code, the gender and sexuality of individual, haven’t any influence even if in some criminal subject such as, no payment of maintenance, the punishment or prosecution of offender, is based on gender and with changing gender or sexuality sometimes, the punishment fade away.

authoritative jurists judgments if the commitment s between the two sides are unequal due to unpredictable events, The provisions of the contract between contracting. For Legal adjustments justify proposed theories that most important is the following: Theory of Implicit condition, lesion of posteriori, rule of negating hardship, … The ideas raised can be concluded that the rule of Mysore can better justify. Adjustment and changes to the contract provisions.