Islamic jurisprudence Resaerch
Year:2019 | Volume:15 | Issue:3|Papers Count:8

The mostconsiderable religious training is about taking care of moral norms. These norms have also entered jurisprudential laws in various ways and they have made overlapping between these two sciences. One of the most important ethical norms emphasized in holy narratives is, keepingself-esteem necessity, which has been described as "unnecessary action to admit indebtedness" in the following judgments. Of course, the mentioned rule has rarely been used as an explicit one inindependently Islamic jurisprudence research. This rule is usually stated as greatly disappeared theorem or (greatly disappeared consequence) in arguments. Having Lessanalytic discussions regarding this subject can be due to this issue. In the present research, Jurisprudential nature of "indebtedness" and its relation with the associated Jurisprudential rules has been investigated reviewing and classifying sentences issued regarding this subject. It seems that "indebtedness" as an instance of harm to pride can be under the harmless rule. Also, the prohibition of indebtedness can be an independent principle and derived from the norm of "the need to maintain self-esteem".

. The obligation to perform a pre-contractual obligation in legal systems, the place of dispute, and in Imamiyah jurisprudence is not stipulated. By virtue of this right, an obligation that, before the due date of a commitment, it is reasonable and reasonable to conclude that the obligated party will not fulfill its contractual obligation at any time for any reason, it has the discretion to undertake to fulfill its obligations before the due date. In this research, using a comparative approach, the legal bases for resorting to this implementation guarantee through an analytical-analytical method in the customary law are examined, while providing the proposed legal principles of law, with the premise of the introduction of rules and rules and issues As a result of this, the preliminaries of rationalization, adherence, and constitution, it can be proved that there is a real violation of the theory of mandatory implementation of early commitment in hypothetical violation in Islamic law, until the basis of this guarantee is enforced in domestic law, consolidated and Strengthened.

Of the usual and prevalent phenomena in the crime on human organs, is the issue of «spread of crime». Sometimes the crime on an organ due to «spread» causes the deterioration of «another organ» or «deterioration of benefit of another organ», and even causes killing of a person, and finally murder of the victim of an offence. The issue of the spread of crime is the subject of jurisprudential scholarship, and legal research from various aspects. The subject of this article is the explanation of the " the domain of responsibility of people" in the assumption of the occurrence of the crime of spread, and determination of the responsible person based on jurisprudential and ijtihadi criteria. The best summary of the writer is that the responsibility for such a crime is not always on criminal, but this responsibility causes Spread rely on the validity of the action, leaving of action, and particular condition, and it will be defferent relying on the attribution of this action, or leaving to any of the criminal, the victim of an offence, or a third party.

In every age and society, a new situation is created Which should be the jurisprudential ruling of the jurisprudential issue Considering those conditions This paper examines the jurisprudential ruling of Immaculate Property Al Malek Considering the present-day conditions, we have achieved the following results a. According to those who consider property held by state banks unmanaged by al-Malik, People interact with these institutions that naturally despair of finding the owner They must be admitted to the religious ruler and have the right to seize the amount that the ruler of the Sharia admits. B. Delivering unauthorized property to establishments established for the management of these property Like the lost property section of the holy shrine, it is only if the lawyer declares that institution Or as the case may be, to the body. C. If an unacquainted al-Malik manifests itself in mass media It makes sense to understand this type of search to find the owner.

Removal of the ovary or testicle from the donor organ and its transplant to the recipient member is one of the newest methods of pregnancy. After transplantation, the egg or sperm released from the ovary or testicle is assigned to the recipient, but the verdict of the parentage of such a child from the religious and legal point of view, as well as the effects on this genus, is the main question of this study. The study of the reasons and arguments suggests that the birth of a child born of a transplant of a hereditary partner is transferred to the couples of Al-Yahmah, and all legal effects related to relatives, such as marriage, will, and inheritance, are given to the child born of this method Pregnancy will also occur.

There has been serious discrepancy regarding the size of the Diyala eyelids (Diha al-Ja'fan) between the Imamite jurisprudents. The famous jurisprudents, with the separation between the total and solitary confinement, in the first case proved the complete diyne, and in the second hypothesis, the one-fifth verdict of the diyeh in the upper eyelid and half the diyeh of the same eye were converted to the lower eyelid. The Islamic Penal Code (approved in 1392) also follows the famous theory in Article 590. In contrast to the famous promise, the writers have achieved four different stances from the jurisprudents with jurisprudential texts; Therefore, the present essay in descriptive-analytical research, with a problem-oriented approach, criticizes and analyzes the perspectives of the problem and, with the disapproval of other arguments, ultimately pledges to the fifth form of the Diyat, both in solitary and social terms Selected eyelids.

Consensus is one of the important jurisprudence resources of the Sunnite which is invented by them and added to other jurisprudence resources of doctrines of Sunnite, however, this definition presented by Sunnite scholars is not accepted for Shiites jurisconsults. Sunnite scholars have tried to bring the precedence of consensus to the Companions’ era and hereby raise its validation along with presenting reasoning for consensus Legitimicy. This research that is done with a descriptive analytic manner has aimed to verify background of consensus and its Legitimicy in Sunnite scholars’ point of view and review both claims and finally refuse them.

The conduct of the wise in deducing the laws is one of the most important issues of the present area because the custom of the wise has a great role both in responding to the increasing needs of the societies and to the adaptation of jurisprudence to the new social life. Therefore, this study aimed to investigate the evolution of the wise conduct in Shi'a Usulis. the rate of advancement of Usulis and the leading Shi'a scholars the conduct of the wise was investigated from the early to the contemporary period. The results showed that the former Shi'a Usulis specifical moder many topic usals alon reason or best the conduct of the wise, but over time, particularly from the time of Sheikh Ansari onwards, this attention has increased significantly