Islamic jurisprudence Resaerch
Year:2016 | Volume:12 | Issue:1 |Papers Count:8

There are prevailing Rules and Values in each society that formed Social Institution including social and legal institution, actually these values appears public interest in social relationships. From long time ago jurists try to defend these rules and values with derivation a mechanism from its. Values that social consolidation and establishment depend on it and makes public order. Jurists in dealing with legal rules and institutions distinguish the public order and make it a criterion for restriction of Individualistic free will to protecting of public rules and social interests. Despite these efforts, jurists could not come into accordance on the meaning and substance of public order. Because understanding of public orders natural foundation is too complicated. In this article, based upon some theoretical and sociological analysis, we try to present a different percept on public order. it is notably As results that despite some current concept, public order is not a principle and it's not a legal term, haply it is a social Idea that generated by society. So the public order is one of core features of social life. Then indispensability of its protection and consideration is one of advisor given rules for each legal system that legislators always use in order to in legislation and magistrates with their interpretations, provides legislators goals to maintaining social order.

Koran is the first and most important resource to canonize religious commands which encompasses all commands required by humans; however, since all these commands are not expressed in Koran explicitly and detailed, they must be sought through other Koran’ s expression methods. One of these methods is expressing juridical commands in form of overall principles, which are known as “ the Juridical Principles” . On this basis the Islamic jurists in deducting the Koran’ s religious commands, in addition to citing to the verses related to the special and small commands, have drawn numerous general and overall principles out of this divine book and have inserted these rules and principles into the domain of jurisprudence and its discursive resources; therefore, these efforts although being worthy and fruitful, on one hand, are not the totality of the general and overall Koranic rules, and there are many other verses in Koran, which can be used as the documentary of modern juridical principles, and on the other hand they are not used in jurisprudence up to their level of capacity, and there are many other cases the religious commands of which can be clarified on the strength of these rules and principles. Therefore, within this research, in addition to alluding to the reasons of extracting the juridical principles out of Koran, some instances of other rules which can be extracted out of the Koran’ s verses and also other subjects the religious commands thereto can be specified based on the available juridical principles are expressed and proposed.

Parliament established jurisprudence of the Islamic Republic with due regard to the fundamental difference with conventional systems, is important. In conventional systems, the relationship between parliament and the people, legally determines representative role, responsibilities and his duties. But in the Islamic Republic of Iran to the foundation Fqhyash to find out the legal status and legal MP MP with people is not limited only to the relationship but the relationship with the supreme leader's representative is also equally important. This article seeks to show that citation. Although the types of relationship such as attorney and proxy of this is taken into consideration. But it seems that most of these species, each, exclusively to one relationship (correlation representative of the people, or the relationship with the representative of the Supreme Leader); and none at the same time both the relationship and is not considered a theory, but necessary established jurisprudence of this relationship, simultaneously in one theory, be considered.

Ways to aggression the text, check the sentences causality and the criteria and mechanisms for discovery purposes sharia, sharia dynamic the discursive, that could change latest and changes in situations and social conditions, to determine how changes in sentences. However, nderstanding ends of sentences, although caused development of the jurisprudence, but it can not be without regulation. Present article reviews the Shia scholars, besides the explaining the objectives of the the shari'a and the purposes of proving reasons for the why traditional and rational approaches to discover the intentions of the law review: the inductive method, method and forbid and orders to understand the causes of, and single the elementary injunction, a lawyer with the appropriate interpretation and use of silence and lack of a barrier.

Breast milk is the most important and most valuable food for children. Breast milk because of minerals, digestive enzymes and antibodies, an important factor for maintaining health and increase infant intelligence. These concessions and many other concessions that breast milk has Caused some people to think establishment of local for the collection of milk and the placing it for treating sick babies that this place is called Bank's of milk. There is a danger in this field, Ignorance about the women who are their milk are granted to banks because it is impossible to distinguish real mother and result in the incorporation of logarithms. According to Sunni scholars, including al-Shafi'i, Maliki, Hanbali and Hanafi because they say, even spilling into the mouth or nose of the child, causing to be forbidden, Since the quality of these banks in this way, so the milk is used to make prohibition. But with a doubt, in the number or person donor, Can put principle that is not forbidden and ordered on the validity of such banks Shia scholars, say the conditions infant not be together as a result, the milk these banks would not be any forbidden.

The penalty for defloration may differ based on the gender of the crime subject, consent of the girl, and the behavior of the perpetrator (intercourse or non-intercourse). In cases defloration through adultery, in addition to the extent, execution of ta'zir is not permitted, and in this case if the defloration is performed with grudge, the liability for Mehr-ol-masal is not considered equivalent to redress for defloration; this is contrary to the case of grudge defloration through non-intercourse where the Mehr-ol-masal is the same as the redress for defloration and is incorporated in the rules governing the redress. Defloration in cases of non-intercourse, according to the reputed Imamiya jurists, is an example of authorized legal ta'zir; in addition, a unique feature of this kind of defloration compared to other sexual offences, is the victim’ s right to retribution. This right is exercised in the event that the virgin female, without the consent of the maiden, attempts to deflower her. While, defloration in cases of non-intercourse is not subject to «Hadd» of Article 220 of the Islamic Penal Code or «authorized legal ta'zir» subject to the clause 2 of Article 115 of the same law. Furthermore, defloration in cases of non-intercourse, based on the committed behavioral quality can be subject to certain provisions of the Islamic Penal Code in the ta'zir section.

Uninfluenced is the sanction of lack of some basic terms of validity of contracts and regularly is proposed in unauthorized, reluctant contracts and some contracts of persons under legal capacity. According to this legal situation, contract is uninfluenced and its fate dependents on next incorporation of the valid assent (allowing) or declaration of refusing by beneficiary. This situation has been normally known as formal in contracts; but famous opinion is rejection of that in unilateral acts. However, the question is that if the reasons of famous opinion have the ability to justify the difference between the contract and unilateral act by this point? This article with juridical-legal approaching and with the descriptive-analytical method is seeking to explain and criticism the reasons of rejection of Uninfluenced in unilateral acts and on the other side, it is Analyzing the theory of accepting the Uninfluenced in unilateral acts and tries to proof it.

The intellectual property in the field of intellectual property and industrial property amazingly expanded. This expansion of the prevalence of support to ease the transfer of intellectual property in Iran law implies the ability to transfer intellectual property, referred. But the principles of this transfer is paid in addition to portability in common formats as well, there is a legal vacuum. The rules on proof of taxes and the importance of intellectual property rights is relatively acceptable, but in full compliance with the principles of traditional ownership and transfer of intellectual property and the transfer of intellectual property problems transfer some contracts such as mortgages, peace, gift and obstacles facing sales and lease contracts, powers of attorney and loan current law is not responsive. 454 and 465 of the Civil Code with regard to the transfer of intellectual property in the form of swap contracts is possible. The author examines the feasibility of certain contracts, transfer of intellectual property in the form of the contracts, while posing challenges to explain how the transfer of ownership has been correct.