FIGHE MOQARAN
Year:2018 | Volume:5 | Issue:10 |Papers Count:7

Today, governments bind contracts with private legal persons in order to fulfill their obligations in various fields. Since the government’s goal of binding such contracts is to provide public interest, so there are certain circumstances that are not common in usual agreements among ordinary people. Equality of parties in rights and privileges has been accepted as a pivotal principle in private law, but the exploitation of public power in administrative contracts makes these contracts in favor of governments. Exceptional terms such as unilateral termination of contract or price changes based on administrative exemptions, raises the question whether such agreements are approved by jurisprudence of Islamic denominations or not? Contrary to the common attitude that considers administrative contract as the offspring of the modern world, jurists of Islamic schools of thought were not unfamiliar with the concept of administrative contracts and referred to this concept in their books. With the emergence of a welfare state and a highlight of the role of the state in people's lives, the importance of administrative contracts has been clear more than before, since without them, it is not possible for states to serve citizens. Islamic Government, from the beginning of its establishment in Medina, and later in the time of Khulafa’ Rashidin, needed a formal legal framework for conducting its affairs. The Prophet's tradition and his successors in dealing with the issues that the Islamic Government resolved through its cooperation with its citizens is a valuable resource in this regard. Evaluating each contract with the general rules of proper contracts is something that should not be easily overlooked.

The natural death of humans begins with ceasing of the heartbeat and breathing, and then other organs will lose their lives. This phenomenon has been accepted as that of death by physicians, and Shiite and Sunni jurisprudents; however, the main doubts about human death are related to the brain cells as in such a state, the heart has its activity, but human life is limited only to a vegetative life and there is no way for returning to human life, and only with the help of medical devices, the life of other organs can be maintained for a period of time. It is important to identify the beginning of the death stage of a patient with brain death in order to enforce the jurisprudential and legal rulings applicable to the deceased; therefore, in this research, the question where such a person is dead or alive was analyzed in two areas of religion and medicine. Examining the reasons behind the views leads to this result that, from the viewpoint of physicians, a patient with brain death is considered dead, but according to the opinion of the Shiite and Sunnite jurisprudents and the common law, the patient with brain death is considered alive; and Islamic jurisprudential and legal rulings applicable to the deceased will not be applicable to such a person until the real death of such a person is established.

There were some discord among the Islamic jurists about the verdict (Hukm) of receiving presents by judges which has been given by opponents or someone else; and most of them believe that accepting presents is absolutely forbidden for judges. Perhaps the most important reason for them is that receiving such presents by the judges is bribery, so it should be prohibited. On the other side, some jurists consider presets and bribes two different things, and therefore they consider accepting presents permitted. In fact, the main cause of this discord is the relationship between bribe and present. The subject of this article is to study this relationship and the effects of relationship between Bribe and Present on the Hukm of receiving presents by judges in Islamic Jurisprudence. The question is whether the Hukm of bribery includes accepting the present or not. The result is that the relationship between these two is generality and peculiarity in some respect. Therefore, accepting present cannot always be considered as bribery; but some kinds of presents are bribery and accepting these kinds of presents is prohibited.

Among the issues considered about nemesis (Qisas) is the issue of co-occurrence of crimes causing nemesis and the right for Qisas. In cases that the criminal just makes a single injury on a person and that single injury leads to the death of that person, the nemesis of organs co-occurs with the nemesis of life. Based on the viewpoints of the jurisprudents of Imamiyyah, here the criminal will be condemned to death penalty. If the criminal makes several injuries on a person and those injuries leads to the death of that person, the nemesis of organs co-occurs with the nemesis of life. Based on the viewpoints of the jurisprudents of Imamiyyah, in this situation, the criminal will also be condemned to death penalty. In cases that several injuries are imposed to a person with a difference in time, the nemesis of organs does not co-occur with the nemesis of life and each injury; and the murder itself should have their own punishments. The importance of recovery of injuries has been the issue of discussions among Shiite and Sunnite jurisprudents. Three viewpoints have been presented based on co-occurrence and non-co-occurrence and the difference of time between continuous and consecutive injuries. In situations that imposing several injuries does not lead to death, the opinion of non-co-occurrence of injuries to organs and multiple rights for Qisas is acceptable.

Renouncing of the defects in sold goods is one of the important issues in the society. People face with this problem in their daily life, so it is very important to express the rules about it and the different aspects of it. Renouncing of the defects in sold goods refers to the situation in which the seller renounces the defects in the sold goods, it means that the seller declares that he is not responsible for the defects of the goods, or sells his properties with all defects. In this situation, if any defects appear, the buyer has no right to refer to the seller, and if the seller renounces a special defect then the buyer does not have the right to refer to the seller because of that defect. This study deals with the condition of renouncing the defects during contract and renewed defects, from the viewpoints of Shiite and Sunnite jurisprudence and the civil law and investigates the different aspects of it. Also, issues such as the situation in which the seller is the government; and writing the sentence on the door of stores expressing “No return”, have been investigated in order to find out that these cases mean renouncing of the defects or not.

One of the problems which is a subject of argument among Islamic jurists is that whether reciting two chapters of the holy Quran after Surah al-Fatihah is permitted in a single unit (Rak‘ah) of an obligatory prayer or not. Reciting two chapters of the holy Quran after Surah al-Fatihah in a single unit is called Qiran. Some scholars maintain that it is forbidden and even it causes the prayer to become void. Some others believe that it is better not to be recited; and eventually some hold that it is permitted. This research analyses the issue comparatively and through study of the verses of the Quran and the traditions of the holy prophet if Islam and other Jurisprudential proofs, has come to the conclusion that it is not forbidden to recite two chapters of the holy Quran after Surah al-Fatihah, but this is recommended not to be done in obligatory prayers.