FIQH
Year:2021 | Volume:28 | Issue:1 (105)|Papers Count:7

One of the most important new phenomena of human life in living and contractual affairs, considering the speed of the world of exchanges, is the electronic contracts from conclusion to dissolution. Therefore, after concluding any contract, even with electronic means, factors may cause the contract to be dissolved. Now the question arises whether the parties in the contract can dissolve the contract by electronic means and with the consent of the parties? The purpose of this study is to examine the nature and scope of dissolution in electronic contracts and its validity conditions as well as to analyze the effects and rulings of the dissolution. The research method is applied in terms of purpose and descriptiveanalytical in terms of nature. The method of collecting information is in the form of libraries, and the use of articles and books. One of the research findings is that dissolution is also possible in cyberspace and with electronic devices. Therefore, considering the silence of the e-commerce law, it can be concluded that by referring to the civil law, in most cases, the effects and rulings of traditional dissolution can be generalized to virtual contracts. However, price fluctuations in the market of goods and services should not be ignored. It is recommended that in case of disagreement between the parties in the contract regarding the effects of electronic dissolution, it is necessary to establish branches for dealing with electronic contracts.

When concluding a contract for a number of emerging transactions, such as purchasing in advance and goods production orders, the price of the goods is not clear and definite. While these contracts are not acceptable based on the Iranian legal system according to articles such as 190 and 338 of Civil Law. Therefore, this study with a descriptive-analytical approach has compared the nature of the condition of thaman (the amount paid by the buyer and received by the seller in commutative transactions such as sale and service) determination in the legal system of Iran and Egypt. In both legal systems, the need to determination of thaman is specified. In the Egyptian legal system, the capability of knowing thaman is one of the examples of its determination, but the criterion in the Iranian legal system is the realization of detailed knowledge of the thaman, except in indulgence contracts, such as a contracts of guarantee, gift, peace, etc., in which concise knowledge is sufficient. The present study, after examining the legal thoughts of Iran and its jurisprudential documents, has not accepted the necessity of thaman determination as an existence condition. The jurists have interpreted the meaning of the mentioned condition as non-existence, that is, the thaman of the transaction is not risky. However, the acceptance of the Egyptian legal system, that is, the capability of thaman determination is correct and legal when it is not risky. For this reason, the Iranian civil law in determining the thaman, such as Article 216 of Civil Law, is considered contrary to the above jurisprudential interpretation.

One of the jurisprudential challenges that has been considered and disputed by jurists since the past is the responsibility of judging by an unqualified judge in case of need and expediency. On the one hand, religious judgment has conditions and needs to be formed, and on the other hand, in case of the absence of a qualified judge, the social system becomes disturbed and chaotic due to the lack of consideration of hostilities and the lack of guarantee of implementation of rulings and laws. This paper, through examining the words of some jurists and the available evidences, on the one hand, emphasizes the principle of permissibility of judging of unqualified judges such as ijtihad and religious justice, on which the consistency of the principle of jurisprudence does not depend and, on the other hand, it emphasizes the authority limitations of this group of judges on hostilities, as well as the judgment and execution of those deterrent punishments on which the consistency of social order depends. The qualified jurist appoints and permits these judges. This new view is in line with the obligation to protect the system and the need to avoid chaos and it is considered as a social need. The need for case-by-case and partial solutions that have sometimes been proposed by some jurists and has no place in the macro management of society. As from this point of view, it is limited to the above-mentioned deterrent punishments.

The legislator of the Islamic Republic of Iran has considered the recovery of some of the impairments that occur because of crimes against the physical integrity of individuals to reduce the diya for those impairments. This view is the result of referring to some religious texts and jurisprudential fatwas. By examining the jurisprudential sources and articles of the Islamic Penal Code, it is possible to find many gaps and challenges in the field of the effect of recovery on reducing the amount of diya. In addition to the monopoly of impairments to specific cases such as fractures and the limited cases of impact on a particular organ, one of the most important gaps is that no clear features and components are provided to explain the concept of recovery and recognition of its types from each other. This major gap and challenge also exists in the Islamic Penal Code and has become one of its weaknesses. Besides, the legislator's use of vague interpretations in this regard has caused the Islamic Penal Code to face major problems. In this paper, with the aim of amending the articles of the Islamic Penal Code, an attempt is made to explain the viewpoints of jurists and legislators in a descriptive-analytical method, as well as to explain the existing challenges in this regard and finally to offer suggestions to solve them.

Increasing population and rapid industrialization and declining quality of water resources around the world have placed limitations on water use. Therefore, one of the solutions to fix this problem is the use of unconventional water and wastewater treatment and its use in various applications of drinking, agriculture, and health. Despite the fact that this issue has been studied in detail from a technical and engineering point of view, but unfortunately from a jurisprudential point of view, the method of purifying polluted water from wastewater has not been dealt with. One of the important issues that jurists have dealt with in the matter of the method of purification of polluted waters is whether the treated wastewater is purified after the decay of the three attributes (smell, taste, and flavor) as soon as it is connected to the Asem waters (water which is considered inherently pure, and therefore may be used to purify oneself. ) or not. There are two main views on this in jurisprudence. Some believe in the theory of connection and others believe that connection is not enough and mixing is a condition in addition to connection. In this paper, by explaining the jurisprudential background of the subject, the jurisprudential arguments of those who believe in the two theories of connection and mixing have been examined and Mukhtar's point of view has been explained in this regard. In this paper, Mukhtar believes in the theory of connection and the most important reason for proving this theory is Ibn Bazi's narrative from Imam Reza.

The legislator in Article 683 of the Islamic Penal Code, as it is known, considers half of the diya (blood money) in the hearing loss of a person with one hearing ear. The only person who disagrees with this view is Ibn Hamza al-Tusi. He distinguishes between deafness for criminal reasons and non-criminal and congenital ones. By studying the principles of most of the jurists’ viewpoints, it was concluded that the fatwa to halve the full diyat on hearing in both ears has weak basis or reasons and the claim of the jurists on the non-inclusion of narratives in the other main benefits of the person’s body – based on the multiplicity of benefits and the mere attribution of the benefits to extreme strength and weakness-confirms this fact. In addition, most of jurists’ viewpoints on the diya of hearing implies a full diya in total hearing. However, a person’s hearing may be weak or strong. In addition, while rejecting the possibility that the fatwa of Ibn Hamzah was comparative, it became clear that the narrative on which the possibility of comparing hearing to sight, was related to the eye, not sight. In addition, in that narrative, there is no distinction between blindness for criminal and non-criminal reasons. Therefore, in determining the diyat for the complete hearing loss, the narratives consider the full diya, and the case where the hearing of one of the two ears has already been lost because of a crime is beyond these narratives.

The growing expansion of jurisprudence, the emergence of many new issues, meeting the current jurisprudential needs of society, planning for the balanced growth of jurisprudence in medical issues in order to systematize and improve the ability to respond and determine the duties of those responsible, has created the need to a specialized field under the title of medical jurisprudence, which should be dealt with through studying the basic and fundamental questions. One of the issues is, "can medical jurisprudence be considered as one of the fields of specialized jurisprudence? " Moreover, what is its place in the system of comprehensive jurisprudence? What steps should be taken to create and work on this specialized field? The present study, by taking a comprehensive look at the place of medical jurisprudence and explaining the necessity and criteria for specialization of jurisprudence, proves that medical jurisprudence has the necessary criteria to be formed as a specialized field. Therefore, this field needs to be compiled, taught, and studied step by step. In particular, it is necessary to develop a comprehensive training program in different educational levels, in such a way that the context of this field to present in Islamic seminaries and related universities be provided. In addition, writing textbooks, educational texts, and training capable professors in this field, is one of the most important requirements for the formation and development of this field.