LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)
Year:2015 | Volume:7 | Issue:1|Papers Count:7

One of the processes of trial that has special importance in the judgment is the determination of Applicable Law. In the vacation of commercial places, even in presumption of lack of foreign factor, because of the different regulations in the Iranian law that all of them are valid, the determination of applicable law has more importance. This article tried to suggest some solutions about applicable law in the all of cases of rental relationship that are facing to law silence or ambiguity with survey of different views and jurisprudence policy ,that is necessary of research in this topics.

Human rights and trade are two main elements of today’s human life which have the greatest impact on people's relationships. Human rights are a selection of obligations that must be followed in all aspects of the human life, consisting trade. The WTO, as the biggest and most powerful trade structure in the world which can support the international trade, influences human rights - especially economic human rights - that is directly related to this structure. But organized documents and acting method of this organization could not act positively in this course.

Equivalent wage of marriage time and NIHLAH are among wife's financial rights that paying it, if claimed by her at the time of divorce, has been provided in Islamic law and Iranian statutory law. Equivalent wage of marriage time is a remuneration similar to the wage, that wife receives instead of services taken in husband's house, with his order and without donation intention. Iranian legislator, under provision 6, paragraph B of single article of amendment of divorce regulations 1371, recodnized NIHLAH as a compulsory gift that is paid to wife from husband's property at the time of divorce. The enactment of new Family Supporting Act 1391, and express omission of paragraph A of the above-mentioned provision, has made some important changes about titling equivalent wage, that based on it, and now is not indispensable because of demand divorce on behalf of the wife, not to offend spousal duties by the wife, lack of any financial conditions in marriage contract, now is not irrevocable. This article intends to deal with the present legal position of equivalent wage of marriage time and NIHLAH in the Iranian law with a view of Family Supporting Act 1391.

The relation between subject and verdict is the same as the relation between cause and effect. In other words, as long as there is no subject realized, no verdict will follow it, and, when a subject comes to being, evidently there will come a verdict. The very important question, here, is: “when there is some doubt concerning presence or absence of a subject, which authority should obtain its presence and is his judgment in this regard authoritative and binding?” Emphasizing “Referring murder to the acts done by all those who have participated in murder”, the present article puts emphasis on the point that the authority to obtain the subject is the judge who is responsible to issue a verdict and solve the case. As a result, opinion of no institution is more authoritative and binding than that of the judge. The judge, of course, has to counsel with other institutions. Murder consists of two parts (engagement in executive operations of murder” and “referring the murder to all participants”), in the first part he has to make uses of the opinion of the expert and in the second part, he is better to refer to customary law and he has to do so.

Upon some articles of civil procedure code (as articles 17, 84, 89 and 147) the relation between the actions and its effects on trial has been considered. These effects are different in accordance to the cases and the branches of courts, related actions in the same division of the court, related actions in different divisions of the court, related actions in parallel courts and related claims in courts with different degrees. There are some questions about the effects of these relations. This study deals with these questions and some arguable matters in this field.

One of the issues addressed specifically is the issue of wife’s share of inheritance from the property of the husband. It isn’t fully agreed and there are opposing views and ideas about the wife deprivation from inheriting some part of husband’s bequest which is one of solitary cases of Imami and there is a claimed consensus about it. Different opinions and views expressed by the jurists about the types of property that the wife does not inherit from it as well as the fact that this deprivation appertains to the childless wife or any kind of wife due to difference between traditions (Hadiths). Also lawyers following the jurists have presented different views in this regard. Recently the Islamic Consultative Assembly in order to protect the rights of women and for administration of justice has followed the view of jurists and lawyers who believe that the wife utterly, whether childless or with child, deserves inheritance from all property of husband- from the corpus of movable property or from price of real property including arena or corpus.

The political Islamic discourse considers Islamic teachings as enlightening in all aspects of human life, therefore, it tries to stabilize to meanings and signifiers on the basis of its semantic system and monotheistic thought. In this article, after explanation of human rights in terms of the Constitution, it will be shown that, in the discourse of political Islam, human rights shapes around the central sighnifier of “human dignity”, while other signs and signifiers (e.g. political, social-economic, cultural and civil rights) are perceived according to that. In other words, although the concept of human rights is a modern one and has entered Islamic literature just as other modern concepts have, the issues raised in relation to that have formed a specific conceptual discourse, which can be named Islamic Human Rights Discourse. In the islamic discourse, human dignity is the central, transcendent signifier or central sighnifier, while all other human rights and privileges- which are floating signifiers- are perceived based on this sighnifier.