JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW
Year:2011 | Volume:1 | Issue:2|Papers Count:8

Sex Changing is one of the important subjects which is of great magnificanc in medicine and law. Although, these subjects have been existed in the past but, now because of development of technology and science it improved a lot. There is a question from the view point of law: Is Changing Sex permitted? There are three opinion about this: 1- It is forbidden absolutely. 2- It is permitted absolutely.3- It is permitted conditionally. This article accepts the latter view.

Following the occurrence of international crimes in the territory of former Yugoslavia and Rwanda, UN security council established international criminal tribunals. In the context of accused rights, regulations of international documents on human rights was predicted in tribunals statute. Thus, it seemed a fair trial was hoped for the accused. but by gradually, making of new regulations in the rules of procedure and interpretations presented by Judges, departure from international documents and interpretations of supervisory organs on human rights including the accused right of examination of witness was created.Statute regulations and rules of procedure of international criminal court have also been so regulated that have caused the possibility of ignorance of the examination of witness.

There are many problems in Jurisprudence and Law that upon to medical Developments about human and his organs.One of them is value of humans organ; therefore about the status of organs and relationship of human being to his body these sciences have to consider.Given to the arguments that have been made on the bases of Iranian Law and Shiâh jurisprudence it can be followed that man' s legal relation to his organs enters into the scope of the ownership of the kind of the essential or innate ownership.The right of essential ownership of them also depends on their transition on the bases of arguments presented. The essential ownership of those set of organs that their transition face with innate or legal obstacle has no legal capable of being owned but yhe essential ownership of those set of organs face with no obstacles has legal and conventional capable of owned.

So far as confession in civil cases is at head of other evidences and has known definitive of act at many circumstances, thus legislator hasn’t known hearable, but immediately after knowing no hearable the revoking the confession, because of probability of proving contrary with whatever has expressed by confession or no realization confessor’s considered conditions, which he has confessed with attention to those conditions, has forecasted cases which with their attainment that confession be ineffective, such as when be proved confession’s decay, or its foundation at mistake and cases similar to this, of course until have been proved those plea’s, accomplished confessions will valid and effective.Review of revoking the confession in civil cases hearing possibility, which will have determinate role at that evidence’s proofing power, makes the subject of this paper, which will be done with review the of jurists and lawyers ideas.

Complex social life is creator of different legal relations. One of these relations is legal responsibility of a person against another one.Sometimes this responsibility arises because of breach of contractual commitments and sometimes it arises because of the loss that a person has caused.The loss which a person suffers might be either financial or moral. The first one is in two types: loss of property and loss of profits.The last one is so important because although these losses make up the large part of the losses are suffered by someone, there are many discussions about demanding them and on the other hand legislator has treated differently in various periods of time.According to this and because of several issues that might be introduced, we have tried to survey the most important topics in this work.

The Islamic Criminal Law System, despite to the general acceptance of the retaliation principal in the fatal crimes, has emphasized on forgiveness and preferred it to retaliation. Therefore, the importance of studying the factors which result to abolition of retaliation after the final retaliation approval is clear. In this paper, based on the doctrines of great jurists and reasoning’s and Islamic narratives, we have studied the retaliation and its abolition caused by avengers of blood disagreement on the killer retaliation. At the end, because of unclearness of the proposed written laws in this regard, we have offered some recommendations.

Under mitigation of damage principle, the injured party must act reasonably to reduce damages; the extent of expected care is the act of a reasonable person at the same conditions and circumstances. Breach of such duty does not cause liability, but reduces the amount of recoverable damage. This principle is applicable both in contractual liability and torts.There are various viewpoints about basis of mitigation rule.Authors and courts suggested some opinions in this matter such as, causal link, contributory negligence, foreseeability of damages theory, good faith principle and economic basis.In Islamic law, the rule of Igdam, which is another feature of causal link, is considered as a basis of mitigation of damage principle. This article examines these fundamentals in Iranian and comparative law.

Nowadays, due to the growth of city-dwelling and apartmentdwelling resulted from many factors; selling in advance contracts have become widely common among Iranians and, mass constructors of buildings; big constructional companies; constructors of townships; constructors of commercial, service, residential complexes and even administrative organizations try to collect the needed capital for this profitable and 1ucrative economic activity before they start the construction. Jurists, lawyers, judges and involved authorities are supposed to justify and explain these kinds of contracts according to the current legal and Islamic constitutions (Fiqhy) to provide a proper and exact framework for arriving at a legal conclusion in disputes. This study explored Sale Contract and the reasons of adaptability and inadaptability of the above mentioned contracts to different kinds of sale.