ISLAMIC LAW
Year:2019 | Volume:16 | Issue:61|Papers Count:10

The contemporary century is the century of golden growth in the economy and business practices. Sometimes individuals are not identical in terms of capital and workforce and the social life requires that people come together and put their capital, their strength and credit together, into productive and commercial activities. In order to regulate this, it is considered an agreement that has a specific section called Participation (Collaborative Contracts). Although the legal technique of participation in our legal system from the past has been a concept that has been prescribed in order to prevent the degradation of the Islamic Society and the need for the Islamic Society in certain cases, such as the contract of the company, bailment, share-crop system, and farmletting, but the general legitimacy of the partnerships is never inferred. In the present article, we look at cooperative contracts to find out whether, in principle, the cooperative agreements are sympathizers or opponents of the rule. Then, by explaining the views of the jurists and examining the reasons for each of the groups agreeing or opposing and violating the arguments of the opponents of the partnership agreement, we will provide arrangements for the solution of the religious problems

The virtual games, as a part of entertainment industry, are basically considered with Cultural and economic approaches, but its legal aspects must be considered. One of important legal issues of these games, is the possibility of buying and selling virtual goods and items within the context of games which has faced challenges. The most important of these challenges is the legal status of these transactions due to the fact that some lawyers are skeptical of the essential requirements of the contract, in particular the terms of the subject maters of contract and the actor's legal rights over the virtual objectsSince everything occurs in a virtual environment, so the objects of transactions are intangible and in fact don't exist. Moreover, what purchased and sold are just beneficial and valuable for game players through the game, so that they have no function and benefit out of the game. This paper tries to have a legal analysis on transaction of virtual items from the point of essential requirements of contract in common law and Iranian legal system.

The possibility of establishing a parliamentary regime is one of the issues that has been raised recently. The bugs and shortcomings of the challenges in the relationship between brokers-whether due to some constitutional defects or some interpretations of practical perceptions unnecessarily-have left the minds to transition from the current political regime, a semi-presidential and semi-parliamentary regime to the parliamentary regime has led. But the important thing is that by changing the current political regime and turning it into a parliamentary regime that often with a head of state, a first person to be irresponsible, and a head of government with a political responsibility, How will the interactions between the leadership and the parliament, as well as the government, in the meaning of the executive branch, will be with each other? How will the responsibilities and the scope of the powers of the Wali Faqih be? What are the relations between them in the relations between the Provincial Law and the jurisprudence? What is the relationship between the leadership and the parliament and how much will the powers of each one be? In this study, there are numerous assumptions that each of the different issues of the cross between these two important occur in a political system and should be followed by a response to them. The move to the parliamentary regime needs fundamental changes in both areas of existing structures and norms, especially in the constitution.

expropriation (compulsory purchase) can be operated if there is public benefit and compensation is paid. In this essay, first we inquired about kinds of compensation must be paid to whom affected of compulsory purchase in Iranian and English law. in spite of common imagination in Iran compensation is not only the price of land which owner deserved, but includes all direct damages of all beneficiary e. g damages of whom their land or rights was acquired not whom their land only affected of plan without any entry, in Iran and all damages (not only direct damages) of all beneficiary in England. Then we infer rules which govern assessing and recognizing of compensation from Iranian statute. In contrast to English law, in our judicial precedent and doctrine this rules have been neglected and use of them will create a great change in our law and in defensing of private rights against public policies.

Improvement of organ after of passing of one year categories according to valid documents, as a new gift that make the effects such as: exclusion of return of payed dia. Oppositely, passing of this time(1 year) has no effect on the dia confirmation. All of jurists think that the grown or return of organ before one year makes the Hokoma. In fact, this time express that the new gift behalf of God is given and make sure to acceptance even in shorter times. Valid document reasons believed in this subject specified to some abilities such as vision, hearing and some organs such as teeth. But this be able to generalized to other organs. In some other valid documents, passes one year is accepted as a rule. Islamic punishment rule has no idea into the return back or improvement of organ after of time and judgment has no authority to the time passing for the certainty or the mistake of experts about missed organ or ability. According to valid documents, this subject can be lack of Islamic punishment rule related to governor authorities.

Nuclear weapons must be considered as the most dangerous and frightening tools in the mankind’ s hand. On one side, its high performance in stopping war immediately has forced some countries to make and even use it; on the other hand, deplorable consequences caused by its producing and its using have opened a broad field for ethical and legal issues. It can also be accessible to find the situation of these issues in jurisprudence knowledge based on traditional and rational evidence and suggest a clear position of Islam legal system in this domain. The following article will study the use of nuclear weapons in war emergency situations which survival and not failing in war requires to use this weapon. This article tries to access assertive sentence of using this weapon in war emergency situations based on jurisprudential approach and by focusing on traditional and rational evidence. The criterion “ minimum loss” can be suggested as one of the Implementing Criteria by rewriting the emergency rule in Shiite jurisprudence and its inference sources. By understanding this rule’ s contents and damaging consequences from nuclear weapons, we can obtain the reverence sanctions of using this weapon in war emergency conditions.