JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW
Year:2013 | Volume:5 | Issue:10|Papers Count:6

When the Islamic Judge announces a debtor incompetent of invading his properties and judges him as bankrupt, creditors find a right about his wealth and they can take what the debtor owes them from his wealth. But, the point at issue for researchers, at least at first glance, is whether all creditors are equal in this right, and whether there are priorities for some of them.Islamic jurisprudential texts suggest that there are differences between them, since there are cases in which some creditors are preferred to others and have, so to say, some sort of priority. In these cases, the priority is based on criteria found in Islamic jurisprudence, some of which we point in short: superiority of right, precedence of right, priority of essentially established right to accidentally established right, priority of rights resulted from will to rights not resulted from will, and right’s being daily.In this dissertation, relying upon principles such as the equality of the rights of creditors, justice and fairness, and other points found in Islamic jurisprudence, I will examine the reasons of the priority of some creditors to others and, criticizing giving priority in some cases, I will reject some of them such as the priority of the right of the seller as to the very sold thing and...

In the legal system of Iran and jurisprudence of Imam fellowship, the consensual agreement is a property and the most important effect is the ownership transfer, which coincidently is done by the agreement. However, it is possible to get the guarantee on behalf of the seller (the consent receiver) and the buyer (the consenter). This consent is the same transferred subject. The changing consent has the mandatory to pay the exchange issue vis-a-vis the transferee and the reverse. The special qualification on the agreement of sales and consenter might be done before the main referral on the delivery of the compensation for the receiver and the withdrawn agreement resolves all charges for the customer. The main legal qualification has no congruence with the ownership transfer, so that the continuance of the changing guarantee relies on the seller for the stipulated compensation and the withdrawal of the contract and this formulation has been agreed by the competent legacy. The transferred guarantee sometimes occurs by the ownership transfer and the bills and billings.

According to the first clause of article 201 Eslamic penal law, the punishment for theft at first time is cutting off four fingers of his right hand. Abu-AL-Ishagh AL- shattebi believed that interpreter’s understanding of Holy Quran and tradition should not contrast with other’s main ends of legislator such as securing life, reason, Capital of, generation and religion, and also should not squandering them.Some contemporary jurists such as Abolghassem Gorji have introduced a new ground through expanding the legislator’s ends to justice and social reform.Based on this new ground, literal understanding of verse 38 Maeideh, cutting off thief’s hand is seriously under question.

Words of Companions of Prophet Muhammad developed as one of the ordinances arguments in the Science of Warcraft Public and has been argued about its authority. Based on that, there are two opposite views, that is authority and non- authority. There are sayings of the Companions among the Sunni fundamentalists. Also, Shi' a view is in line with the non- authority of Companions quotes.Regardless what is the correct sentence of this subject, refer to the principles books found that on the subject of f Companions quotes, there has always been confusion. And issues such as the meaning of words Companions and it differs from similar cases and its differentiation from what is presented in the Science of Hadith and its differences and consensus place among the fundamentalists has not clearly explained.While recognizing the issue and its degree before entering into the discussion is essential. Because, no doubt that correct sentence is based on a correct understanding of the subject. Present of this gap and consequently incomplete understanding or incorrect from terms such as Companions quotes, ijtihad and interpretation caused that in the words of some fundamentalists fallacies are made or in jurisprudence books, there are provisions that is not compatible with the spirit and reality of Sharia and remove the principles and religious arguments out of the scientific path. This problems doubled the explaining the significance of the subject of “Companions quote” and its meaning in the Science of Principles. So, we undertook this study to clarify the issue of “Companions quote” and resolve its ambiguities and correct the definition and its scope.

Misyar marriage is a permanent marriage, in which the wife ignored some of her rights such as the right to alimony, rights of residence and sex and according to some right to claim inheritance and in contrast is somewhat independent in their affairs and husband' s permission is not required for her employment and leaving home.Although public jurists have provided four theories about the judge for Misyar marriage, the majority of them agreed to judge the validity of Misyar marriage and its conditions and consider it contains all the elements of the religious marriage. Misyar marriage, by heart and in terms of the result is like a concubine marriage, although has the appearance of permanent marriage. All of what follows in Misyar completely has been described in concubine marriage. And the Shi`as jurists are self-sufficient of this marriage.The nature of Misyar and concubine marriage and their judgment and the differences and similarities of both marriages.

About the question that did the prophet (peace be upon him) before the mission worship to God or not? and if yes, based on what Sharia he was praying? have been proposed three viewpoint: 1-Based on a theory that is attributed to Fakhr al-Razi, a group of Shafeis, Abu Hussein Basri and his followers, prophet Muhammad (peace be upon him) before mission did not worship to God and did not followed any Sharia; this group to prove its claim have argued some verses and consider the performance of worship by prophet Muhammad (peace be upon him) before mission according to habit.2-Most believe that the prophet (peace be upon him) before being raised to the prophet, has worshiped the God. followers of this theory has been disputed in the sharia; some consider him following previous sharias -the unknown or a group of prophets or one of the prophets-. most Ahnaf, Hanbalis and some Malikis and Shafeis believed that the prophet (peace be upon him) has worshiped before the mission based on previous Sharias; as Imam Shafi' i, Abu Mansur Matoridi, Abo Isaac Isfaraini, Judge Abuyala and Shawkany are on this view. verses and rational arguments are the basic argument of this group. In contrast, based on the theory of most Malikis, most theologians and Ash'arites and most Mu'tazilite prophet Muhammad (peace be upon him) before the mission worshiped to God according to his own sharia. as Imam Malik, Abu Ghazi Baqlani, Abu Hussein Basri, Fakhr al-Razi, Ibn Abedin, Tuosy and Majlesi believe. they have argued to the Hadith and rational arguments. 3-Some, like al-Ghazali, Amedi, Syed Morteza, Sobky, Nawavi and Gweyni are attributed to stop in worship or not worship of the prophet (peace be upon him) before the mission. according to this theory: in principle, is no events and also the teasons of tow previous groups are incompatible and no one is over the other. By analyzing the reasons, it can be said: the prophet (peace be upon him) before the mission has worshiped to God. but about the determination of sharia before the mission, since the essence of divine Sharias is one and all the prophets, are a series of connected loops, he has worshiped according to the Sharias of his earlier prophets as unknown.