JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW
Year:2018 | Volume:10 | Issue:20 |Papers Count:7

Specialization in the Science and Thinking about its impact on Ijtihad making clear the analyzing of the position and impact of the expert’ s opinion on religious jurisprudence. Specialist doctors are the experts that the effectiveness of their expert's theory is clear and striking in different parts and multiple jurisprudential issues. Nowadays, the possibility of discovering the truth with the medical knowledge and its new and accurate tests, specially Paying attention to the ever increasing Specialization of this knowledge making extensive and comprehensive the scope of discussion about the functions of the medical expert theory in jurisprudence and law. In the present article, this effect is analyzing the proving of member’ s benefit Compensation and meantime explaining the examples of medical expert in proof of Compensations of dementia, sight, hearing, smell, taste senses and principled views analyzing bet on credit of expert. Two point of view about bet on credit of jurisprudence expert; view point of Expert testimony, bet on justice and Plurality in it and view point of efficiency of acquisition of trust confidence and Rational assurance; in first point of view, in proving of member’ s benefit Compensation has a jurisprudential reputation. This article selected the second view base on researching speech fans of two point of view deals with the analytical and ijtihad methods, and with explaining of the significant difference in testimony and expert theory, and reality of it base on rational fixed method, Introducing the acquisition of confidence and negating the possibility of mistake as the criterion of this method.

One of the most important juridical rules derived from a Quranic verse is the principle of no hardship which is applied in different jurisprudential topics from purity to blood money. Although this principle is presented by jurists alongside other principles such as the “ principle of no harm” and permissibility of forbidden acts in urgent and emergency situations in inferring legal commandments, the question that needs to be examined is that with respect to the similarity of jurisprudential applications of this rule, what is the fundamental difference between this rule and other similar rules? In this research, we aim to show the similarity and differences between the word “ Haraj” and the terms “ necessity, disadvantage and urgency” in the conceptual analysis of the applications of Hraj in jurisprudential texts and to examine whether one of them can be considered as the original for other words, or if such an opportunity does not exist, one should still consider each one as separate from the other. The findings of this research show that despite the wide variation in the application of the rule of law in jurisprudential texts, “ Haraj” has a broader concept than the notion of harm, necessity and urgency and this jurisprudential rules: necessity, urgency and harm will be branches of the rule negation of hardship and Haraj.

One of the major issues in Islamic economics is the quality of determining the price of goods and services in the market. In the normal conditions of the market, there is no consensus among the Shiite and Sunni jurisprudents on the market, but in special economic conditions such as hoarding, collusion and monopoly, there is a controversy between the jurisprudents of the Imams and Sunni scholars. After searching in the jurisprudential books, six promises can be found in the problem, all of which are based on the general rules and customary narratives of the pricing; But the question is, is it possible to preserve the natural conditions of the market? Does the pricing of the marketplace not be one of the methods of market surveillance and thus not preserving the natural conditions of the market? Also, some Sunni jurisprudents believe that the philosophy of pricing is that the market is to be tempered and that it applies to all the goods needed by the people. These ambiguities require a re-examination of the pricing issue in the Islamic market. Therefore, this paper analytically and by referring to the authentic jurisprudential books of the Imams and Sunni people, concludes in the end that by referring to some general rules, the rule of preservation of the system, the rule of co-operation, the rule of law and the rule of Ehsan, as well as Relying on the rationale, it can be concluded that the ruler, in the normal conditions of the market.

Although the development of medical knowledge about human and his organs has caused better life but some of them caused legal and ethical problems. One of this aspects is Cryopreservation. Nowadays, inside of freezing human organs complete freezing of whole body is possible, too. That one of its important utilization is human gametes freezing that causes complex jurisprudent, legal, ethical, and social problems. Determination of legal persons for decision about the frozen gametes fate is one of this problems. According to the legal nature of frozen gametes and considering them as property, and as the human gametes are one part of the organs of his body, all of theories about relation between man and his body in law is true in relation between man and his gametes. So, there is a ownership relation between the man and his frozen gametes. Therefore, only the gamete owners can decide about their fate. For having decision about the abandoned frozen gametes the Cryopreservation centers try to have contacts whit gamete owners, but when there is no accessibility to their owners, then they ask the inheritors to decide about them, so if they be inaccessibility situation after that in order to determine their fate as properties, the governor is permitted to make decisions about their disposal or donation for researches.

The retaliation of a member is a right which, according to the consensus of the Islamic scholars of the Islamic constitutions, can be made subject to conditions, but what is the difference between the members is the effect of organ transplantation on the retaliation of the retribution, whether the transplant is a member of the crime, whether it is a member of the retribution. The origin and the main cause of this difference is a different interpretation from the narrative that exists in this regard. Some consider it as something special about Madnay, and some of it are specially Johnny. In this article, the jurisprudents and the arguments of each argument are discussed. And then the theory of organ transplant authorization was strengthened by a criminal case against, before and after the exercise of the right of retribution, his right to crash, and the impossibility of depriving him of a linkage to a criminal offense by a criminal, and the theory of the authorization of a transplant by a human being and the impossibility of re-enforcing his retaliation. According to the theory of non-cessation of the right of retribution, the law is based on the fact that his right to retribution has been fulfilled with the occurrence of a crime and The action against a member of the transplant does not have an effect on the collapse of this right, and the basis of the theory of permission of a transplant by a person and the right of retributive right to a member of a transplant is that the right of retribution to a member of a person is ongoing and its transplantation has an effect on rehabilitation This is not right.

Despite the consensus on the illegality of gambling in jurisprudence, the concept, terms and conditions of this contract are ambiguous and this caused a difficult to interpret in legal literature and to adapt it to similar institutions such as lottery. This ambiguity has unfavorable consequences and individuals may engage in casual transactions that have a lot to do with gambling and, as a result, a void contract. In the present study, while explaining the overview of gambling, Lottery Examination is considered as one of the possible casualties, and the matching between the two entities results in the majority of the lottery examples, due to the combination of gambling elements such as collateral and risk, inside in the concept of gambling, it is void. However, this rule is not allocated, and items such as gambling in the form of a loan and a gamble in the form of a lawyer are not excluded by their structure and their different nature from the above rule.

The brain of humankind know the cause and subsequent of it, existance of effect, prior to the fact of effect in manner of influence and believe that between cause and effect is a temporal simultenously which means in time of existance of effect the perfect cause (i. e. cause, clause and lack of impediment) shall be had fulfilled and came into existance. Nevertheless, in law and jurisprudence found cases which clause despite of succedent to contingent (effect) adjacent to cause and lack of impediment, take a retrogressive effect. The influence of permission of owner on cases which a person contract on others property without their consent, the accept of assignee in assignment, as well as accept of legatee in legacy, the act of actor in enunciation, delivery in debt base contract, in actual figure out, are the prominent cases of it. In present inquiry, the works and literatures of Akhound Khorasani, Mirza-E-Naeini, Imam Khomeini and Shahid Sadr about Succedent clause presented and stressed on possibility of influence of Succedent clause in subsequent contingent in abstraction AL matters and take account the analogy of abstraction AL matters with external and rational subjects as well as interval analogy.