JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW
Year:2017 | Volume:10 | Issue:19 |Papers Count:8

The issues related to fertilization in human and animal from past to now had been discussed and disputed by jurists. One of the questions which had been raised here and also answered in present study is that is it possible to buy and sell the sperm of human or animal for fertilization or not? About selling the sperm and semen of animal, the jurists of Hanafi, Maleki, Shafei and Hanbali religions know unlawful selling sperm of animals in each form and in addition to anecdotal evidence, they expressed lack of benefit, ignorance of the value of sales, lack of submission of the sales and lack of benefit for the owner of animal. Imami jurists mentioned the sale of male sperm in animal is execrable and the sale of sperm exited from the body of animal is unlawful and cited to anecdotal evidence. All Sunni religions know unlawful the sale, hire and donate the sperm by man to foreign woman and also donating or selling ovum to man by foreign woman. In this case, they cited anecdotal and rational evidences. Among Imami jurists, some attached to the abomination and some other attached to the license of exited sperm selling and its transfer to the body of foreign woman. To researcher dominating quote about selling sperm of animal is its license in all forms and about selling sperm of human is its sanctity.

The issue of the liability of the usurper in respect of the profits derived from the usurped property has long been a bone of contention among Muslim jurists. Differences of opinion among the Islamic jurists, and the variety and insufficiency of the previous arguments are the reasons for writing this article. On this issue, Abu Hanifa and his early followers believe that the usurper is by no means liable for the profits derived from the usurped property. Malik b. Anas also believes that the usurper shall not be liable in the case of not using. The Shafi' iyya, the Shi' a and the Hanbali, however, believe that the usurper shall be liable whether or not he derives benefit from the property. The inaccuracy of applying usurpation to profits, the opinion that profits are not capable of being owned (property), the tradition of Al-kharaj bial-ziman (profits against liability), and deductive analogy (qiyas) form the basis of the arguments posed by the jurists who believe in the non-liability of the usurper. On the other hand, assessment of profits, profits being customarily considered as capable of being owned (property), the rule of the sanctity of Muslim property, the permission to similar transgression, accuracy of applying usurpation to profits, the conduct of the wise and the liability for the forfeiture resulting therefrom, the rule of “no harm” (la zarar) in addition to authentic traditions and consensus among the jurists are the most important arguments by the jurists who believe in the liability of the usurper for the profits derived from the usurped property provided that profits are capable of being bartered in a rent contract.

In the course of studying and reforming, the law of the method of implementing financial condemnation was discussed in parliament in 2014 and it was ratified by the Assembly of Recognizing the Benefit of the state after going through legal process. This thesis studied the mentioned law and contrasted it with juridical foundations and concluded that its benefits related to more attention to juridical foundations; cases such as differentiating debtors with regard to their previous record, reducing imprisonment, the method of offering binet, suggesting the ways of providing the backgrounds for employment, and so on. This study found some shortcomings of this law that relate to ignoring the predictions of jurisprudence for ending the struggle between debtors and creditors. These shortcomings include not forcing the debtor to work and make money, not considering a portion of charity to help poor debtors. Moreover, there were some ambiguities in the sentences of the law that were studied in this thesis. However, it was a very useful effort and attempt in reforming the previous law.

Human life preservation is of both lawyer and intellectuals' interests. Each weapon which threatens human life and causes collective murder is a danger for the sake of life and property security and its application is banned. The purpose of this research is illuminating the basis and proofs for sanctity of application of this weapon based on jurisprudence and international law. Jurisprudence proof including Verses relating to corruption in earth and also human life preservation, Narratives related to poisoning the enemy and prohibition of murdering the women and children and environment preservation, intellect reason, Vezr and Elzam principal and finally law proofs including non-proliferation of nuclear weapons, United Nations Charter and the rule of prohibition of excessive pain are discussed. Investigating the above sources, prohibition of nuclear weapon application is proved in normal situation in both jurisprudence and international law. But in especial situation the sentence is different; some jurisconsults decreed the allowance of collective murder weapons application when the victory is subjected to it. Investigation of international law doesn’t' t provide any explicit reason for the prohibition of this weapon in the legitimate defense condition.

On the basis of the provisions of the warning, anyone before giving up any harmful work should give the persons at risk, warnings and awareness to escape from the danger zone and prevent damage to them, in the event of neglecting the alert and receiving damage to He, the Warner, will be exempt from civil and criminal liability. Certain exemptions, in accordance with the rule of warning, also require conditions such as the validity of the activity performed, the warning to the addressee, the effectiveness of the warning, and so on. In view of its highly sensitive and preventive work, this paper attempts to ignore the principles and conditions of the rule, irrespective of the sources and documentation of the rule, and ultimately, in the attempt to represent that, in the guiding principle, the non-responsibility of the Warner (the cause of the loss) And, consequently, the imposition of a damages loss to the target audience is based on the disconnected citation relationship. In the Islamic Penal Code of 1392 and the judicial procedure, this achievement can be deduced.

One of the most commonly used fundamental issues in Islamic jurisprudence and therefore in Islamic law is principle-appearance conflict and their relative superiority. Appearance means the reasons that give rise to doubt based the nature of the things, which originates from proof. On the other hand, principle is a means to resolve conflict and confusion, without trying to discover the facts and without giving rise to any doubt about them. Many scholars use the doctrine of priority of valid presumptions over principles to resolve such conflict, based on which they give priority to principle. How some give priority to principles over presumptions. The law, influenced by Islamic jurisprudence, gives priority to valid presumptions over principles in case of applicable law too, which is quite natural given the law, follows the Islamic jurisprudence. Thus, this research sought to study the concept and discuss the relevant basic arguments to question such rule overall and to answer the question whether appearance or principle must be given priority by a lawyer or judge when faced by appearance-principle conflict.

After his human life, committed to issues that are important. Issues such as: money, blood money, borrowed and... In each place, there is a variety of topics. Human obligations after his death, is acceptable to retribution and utter commitment, and this is impossible. Islamic law and jurisprudence in regard to this issue and in different positions directly and indirectly, various discussions have taken place around it. Research accomplishments include: tribute to the dedication and commitment of financial and nonfinancial of dead is acceptable to retribution and utter commitment the neck, it is possible and focus on civil law.