JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW
Year:2019 | Volume:12 | Issue:23 |Papers Count:7

Social justice is characterized by four approaches: right to justice, merit, equality and social balance. The need for realizing these approaches in society is fair legislation. Legitimate justice in the Islamic Republic of Iran is based on Imam's jurisprudence, and in this paper various aspects of jurisprudence and law have been analyzed. The research method is qualitative descriptive-analytic. According to the studies, in order to formulate and enact fair laws and achieve justice in society, in addition to the need for legislators to be fair, the legislative process and the nature of the laws should be fair and in accordance with Islamic law and Imam's jurisprudence. Equality, comprehensibility, ratification of a competent authority, generalization and publication of laws from the characteristics of justice in the process of shaping the law. Justice in the nature and content of the law involves attention to differences, the provision of minority rights, ethics, and alignment with upstream rules.

Childbearing has been and continues to be a socially beneficial institution in all societies. In pre-Islamic Iran, adoption has also taken place. However, adoption in Islam has become obsolete, meaning that you can not have another son, your son, and all the works of the real child. On this reason, the civil law does not put childhood in any of the relative affiliations. The special law on this vocabulary has used the term "guardianship" and has sought to adapt the rules of custody to Islamic principles. Following the same compliance with Islamic law, the legislator allowed marriage to a child of the same or the person under guardianship. In the opinion of contemporary jurisprudents including Imam Khomeini, adoptive marriages with the guardian or their descendants have been accepted under conditions. It seems that the purpose of such marriage is not permanent marriage, but temporary marriage, which is only due to the confidentiality of the parties and the possibility of performing other works of marriage as close as possible.

The purpose of this study is to express fraud or no fraud in beauty surgery. Present study is carried out using descriptive and analytic method and it is concluded that different plastic surgeries which are done to improve the beauty of the client cannot be considered as fraud providing that no deception happens during the operation. Fraud is forbidden in Islamic viewpoint because it causes lose for others. Accordingly, the following cases are not frauds: 1. Married woman; 2. If a woman does not intend to get married; 3. When the man is aware of the surgery before the marriage; 4. In the cases that the person publicizes his/her surgery to others. This kind of fraud and hiding the truth cannot terminate marriage contract unexpectedly. In fact, if the problem cannot be forgiven (blindness, for instance) or there is a condition within marriage contract that is not fulfilled, the other side of the contract can terminate it.

Repentance is one of the most important issues among the Qur'anic sciences and Islamic law, and it is based on a generous and humane look at human beings. In the Penal Penal Code of Islam, repentance is one of the factors of the fall, amnesty and reduction of punitive damages, except for the Qazf. According to the principle of free will, man is responsible for what he is doing. The author analyzes this issue through a descriptive-analytical research based on library studies. The findings suggest that the new lawmaker's approach to the Islamic punishment law of 92 in the original Islamic law introduces this valuable concept to the Iranian criminal system in a regular manner, and the Shari'a view reflects the practical role of repentance in the improvement, rehabilitation and spiritual practice of the perpetrator, and the criminal system Islam, with the prediction of the body of repentance as one of the causes of the fall of punishment, has been instrumental in identifying the purpose of the criminal system.

The will is a kind of legal-social entity and one of the most widely used and important subjects in Islamic jurisprudence, which has been advocated and emphasized by the Islamic religion and has been discussed repeatedly by jurists and lawyers. But over time, new issues have arisen about this legal-juridical institution that needs to be further explored, while Iran's law has not discussed expeditiously, contrary to Islamic jurisprudence, and this abbreviation has led to the creation of many ambiguities that unfortunately have not been answered by lawyers. The specificity of Wills institution; in view of the fact that the beginning of the testator assignment is related to the time after the death of testator, and at that time there is no longer any time in which to decide on the issues of authority in the task of determining and deciding; caused doubling the importance and necessity of the discussion about the assignment of these ambiguities. In the present study, the traits and requirements for the executor will be known and different views will be examined in this regard, after which the guarantee for the lack of necessary conditions and the valid time for having them, will be determined. Eventually the result of the research is that in addition to the general conditions, the executor must be sure and trustworthy and, in some cases, be Muslim, and the existence of other conditions in him (except in the manner specified by testator) is not necessary.

Researching the unobligatory fatwas which can be found/accessed under the topic of ‘ selection’ in Imamite jurisprudence and ‘ combination’ in Sunni jurisprudence, is an approach in performing fatwas that allows followers to take the easiest fatwa from among existing fatwas in different issues. Proving the legitimacy of this approach in Imamite jurisprudence is dependent upon proving the unobligatoriness of imitation/taqlid from the more knowledgeable mujtahid and also the permissibility of selection in imitation/taqlid. The analytical and critical study of the written documents shows that firstly, the posed reasons on the obligatoriness of imitation/taqlid from the more knowledgeable authority (i. e., consensus, the manner/method of the wise, closeness of the more knowledgeable mujtahid’ fatwas to reality, collection of traditions and providing reasons to the legitimacy of taqlid) do not have the capacity to prove its sought-after but reasons including the permissibility of taqlid from less knowledgeable mujtahid (i. e., verses of Quran and traditions, the method of the faithful/pious, the difficulty of taqlid from more knowledgeable mujtahid and traditions) can altogether prove their point and secondly, the correct opinion in different forms of selection is its permissibility in its absolute form. Therefore, performing fatwas relying on the approach of unobligatory fatwas is not juridically prohibited. unobligatory fatwa, researching the unobligatory fatwas, more knowledgeable authority, selection in imitation/taqlid, legitimacy of researching the unobligatory fatwas.

The deal to escape from religion is a general discussion of the "period between the apparent and inner will". Contrary to what some people think, in Islamic jurisprudence, will not have a high status. For this reason, the jurists in the process of formation of transactions and niqas have considered the role of the transactors' will more than anything else, and they do not consider the words and other means of declaring the will alone and without discovering the will of the interlocutors to create any obligation. Among the important discussions about will is the discussion of the apparent and esoteric will in jurisprudence and law. The question is, is the legal practice of its existence as proof and in regulating the relations between the parties, of the apparent will or of the inner will? Which other face of will will be the criterion, in other words? Based on this research, intention and will in the base of "following the marriage from intention" is the intent and will of the esoteric. The necessity of realizing the intent as an essential and necessary part of the transaction is inevitable. Therefore, our purpose of adherence is not merely a firm follow-up of the intention of the intention, but to mean that this adherence is proving.