JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW
Year:2014 | Volume:6 | Issue:12|Papers Count:6

One of the largest number court cases, related to financial liabilities in the courts. “The law of the executing financial sentencing” performance way, the responsibility of insolvency proof is related to the debtor and he sees no difference between the sources of debt. According to this article, ignoring the history of the debt owed is the defectness cases of this law. So with this question that who is responsible for the burden of insolvency proof in debts of non acquainted to the financial? It Tryiedto prove with legal reasons that the insolvent debtor is not responsible. And therefore, according to these reasons, the law departments should consider the history of religion in the burden of proof on the parties included. Another issue that was addressed in this paper is the acceptance of financial responsibility and its affect on rich or poor debtor.The result is that the acceptance of financial responsibility without receiving any financial is not the reason for being rich of the debtor.

One of the basic principles of civil liability law accepted by some jurists and legal systems is “The Principle of the possibility Compensate for the Loss” or “the Principle of the Principle of the possibility of compensation of all damages.” This principle, accepted in French law and widely welcomed in Iranian law doctrine, is not older than a century and encounters much denial and doubt in many legal systems.In religious jurisprudence, too, many jurists have supported this principle and on the basis of “The Rule of No Loss” have considered it a definite religious principle. On the contrary, some famous religious jurists have shown disagreement with this principle and have not accepted it. This article concluded that although “The Principle of the Necessity to Compensate for All Losses” cannot be considered a definite religious one, accepting it does not face any religious hurdles.

The present juridical study investigates the adequacy of paying blood money by the criminals in the organ transplants after the retribution. The study used a library research method. Hence, after the introduction, the recent views about the issue were discussed separately. Finally, based on the progress in the area of organ transplants, the viewpoint of “separation” between the case in which the crime of the criminal is the mere cause of the amputation and in the case of the crime in which the crime of the criminal in the incident is the cause of loosing the murder victim’s organ was discussed. According to the first assumption of the theory, paying blood money is adequate and in the second assumption, the right of the victim for demanding mutilation again is changeless and fixed.

Importance of studying the background of Islamic jurisprudence is not covered for anyone. What nowadays is known as old jurisprudence and rooted in the field of religious canonization is introduced; in fact, a developed form of a system of history which the lessons of previous religions and commons always originated within simultaneous emergence of Islam, as so those installations are excepted from this process. The ignorant jurisprudence that was the same system of current law (even if simple) among the people in the age of pagan Arabs especially in the field of business and always within commons, was the most important historic background formation in the Islamic civilization that identified need assessment and introduced.This article dealing with the etymology of subject, analysis and applied manners and customs of the age, is trying to introduce Arabic ignorant religious jurisprudence studies, the principles and origins to identify it, and eventually the applicable role in religious Islamic jurisprudence and how to use it in the field.

There are lots of disputes between Shiite Jurists on the subject and sentences of Zalal books. As far as the great Shiite jurists considered each other ideas misleading and unlawful. This thought cause preventing the publication of the others ideas and thoughts. This article is followed up with a detailed explanation of the issue to provide an approach that firstly: understand misleading and its affect according to the juristic bases and thoughts. Secondly: how to deal rational and logical with the affects of misleading books. And thirdly: opening the way for fresh ijtihads and ideas and prevent the introduction of Islam as a religion without reason and incapable of dealing with his opponents thoughts.

About whether we can note that husbands and wives don’t have sexual relationship in espousal addition condition of matrimony or not, there are different views between jurisconsults and jurists. The origin of this difference includes: is having sexual relationship necessary in matrimony or not? If we consider having sexual relationship necessary in matrimony, the condition that prohibits it, is refused. But if not, that condition is valid.The author in this article tries to reveal a third view according to time pertinent as a stoop modification. He suggested that pertinent of espousal and being licit is pleasure and stoop counts as pertinent of espousal predication. But, removing and ignoring of this in matrimony life are in the opposite side of ordered rules and plausive behavior, because such a condition is one of the antitype of banning permissible and denies exterior effect of espousal and has a difference with tradition.