JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW
Year:2011 | Volume:4 | Issue:7|Papers Count:7

Family is the oldest human institution that emerged as a result of social, emotional and legal solidarity between groups of human beings who are linked together via marriage bond. The efforts of the members of the groups bring about credit and social dignity for the family institution which is regarded as their shared spiritual capital.This capital has been recognized by Islamic social teachings as well as by Islamic law; accordingly, moral and legal rules, both public and private, have been stipulated by the Islamic law in order to support this valuable capital. One such rule is that ofla zararwa la zirar. This rule, based on a hadith narrated by MurratibniJundab, is used to recognize any spiritual damage on family as being a case for zarar(incurring loss) or zirar (inflicting loss upon others) in order to confirm a verdict and hence compensate for any such damage or loss on family. Also, in view if the spirit of this rule, any damage compensation for an individual or a group is legally recognized.Since establishing a legal person status for family appears legally difficult, any individual members of the family (as natural persons) may sue for any damage to their dignity and emotions in the family within the context of this same rule.

The "option contracts" are among means being used in the stock market today. This kind of contract can be corrected through certain contracts such as "Jealeh" and "Solh" contracts. It's correction based on independent contract is devoid of any fault, though it's linkage with some other contracts like "Insurance" as well as Representation is faciny challenge. It should be said, however That there exist general conditions relevant to the contracts in this kind of interaction and is devoid of any fault from this point of view. The payment of the right of condition can be corrected for the cause of ebra. On the subject of the linkage between papers of the tansaction option are can refer to the suggestion of participation and representation and all possible defects can be repelled. The verdicts related to the papers like ownership (possession), interest and so, are compatible with the religious law.

Principle scholars look at general addresses including religious rules differently. Some believe general addresses are from foreign matters and some believe general addresses are from real matters.According to these attitudes, the subjects in general addresses are individuals not the titles mentioned in the address. Because general addresses analyzed to specific addresses are related to the number of individuals, so there should be duty conditions in order to have true orders. In contrast to these two attitudes, Imam Khomeini believes the subjects of these addresses are general title and natures, not individuals. Order in these matters is not related to individuals one by one and these general addresses analyzed to specific addresses are not related to the number of obliged people. So, characteristics and conditions of individuals are not reliable in these addresses. The result of accepting this attitude is resolving principle problem in discussions such as opposite discussion or those matters that obliged person has general knowledge about. Because the origin of the problem is conditioning of obliged individuals states (like power) for duty. It causes in some cases such as the address of important about opposite things and the address about the duty beyond obliged individual ability, the address is not focused on the obliges individual. In this paper, firstly, we have defined the address and different kinds of it. Then, we have investigated different parts of general addresses separately. Different attitudes have been mentioned about the addresses. Finally the results of attitudes differences have been offered.

This research is attempting to highlight the interpretation of legal cases from hermeneutic perspectives and to comprehend the ambiguous perceptions in legal texts and sources. Further, it takes into consideration the roles of tradition, convention, the civil, legal, and critical supervisory systems in deciphering the codes in legal texts after the Dekartian revolution. From a modern perspective and the degree of accountability for the fulfillment of the requirements of humanity, in fact, the hermeneutic interpretations of the legal cases lead to independence and, achieving unfettered freedom from the imposed interpretations dictated by metaphysical legal traditions.

Shiite jurisprudence is not prohibited the punishment of child in general. But due to certain circumstances, the ban is lifted.However, the preliminary sentence of child punishment is sanctity, only have some exceptions in specific circumstances. Exceptions of child punishment are under tow general term including discretionary correction and correction. Although most of the Islamic scholars did not separate this two general term in the corporal punishment of children, it seems necessary in some cases to separate these two groups, because the cases, the conditions and many accessories of this tow general term are different and the separation of this tow term haven’t any significant practical results. Moreover, since Islamic scholars haven’t argued within the issue, many of the terms and conditions including corporal punishment of children, the quality, level and the persons who have the right of punishment has not been investigated in the texts of jurisprudence.

According to explicit verses of Quran (Isra', 31; The Cow, 178-179) main penalty for murder is retaliation. But based on Islamic jurisprudence, if the father murders his child, he won’t be retaliated accordance to demands of reasons. In this paper, main question is whether reasons of non-murder is assigned to retaliation or divested death penalty from him absolutely (even in the face of other crimes of killing children by parents like attack and war) ? For example, if the murder of child is in the form of war and corrupting on earth, will the father be sentenced? This issue is reflected less in jurisprudential views and the jurists have written about it less.Legislator has been silence in this case too. However, cannot be denied the generality of this phenomenon in society. Considering the above instances and article 167 (The judge is bound to endeavor to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgment on the basis of authoritative Islamic sources and authenticfatawa. He, on the pretext of the silence of or deficiency of law in the matter, or its brevity or contradictory nature, cannot refrain from admitting and examining cases and delivering his judgment) thoroughly investigate the subject seems necessary. The chosen view of authors in this paper is existence of legitimacy of this penalty relying on reasons and argues and claims. This article reflects the authors’ efforts and explaining the chosen theory.

 “Euthanasia” or “The Compassionate Preferring Death of the Incurable sick” in the medical term is any intentionally act or omission that done in request or without request of an incurable ill to end his life without more pain and suffering. Based on the behavior of the medical team and that the physician behavior has the manner of "act" or "omission", euthanasia divides into “Active” and “Passive”. Also, if euthanasia spring out of the will and volition of the patient, it will be called “Voluntary” and in the cases where the patient is legally incompetent to decide, it will be called” Involuntary”. Based on the Islamic criminal system and the statue of the Islamic Republic of Iran, active euthanasia is a clear example of murder and therefore, it is illicit and causes retaliation and the compassionate motive of the physician will not fail physician’s criminal responsibility or will not cause any discount in his punishment. Also whenever the physician is spared by the forgiveness of the parents, if the court recognizes his act as a cause of disrupting the community or creating fear, or if be afraid about his or other doctors’ Audacity, it can sentence him to the discretionary imprisonment.