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Issue Info: 
  • Year: 

    2019
  • Volume: 

    37
  • Issue: 

    3
  • Pages: 

    144-155
Measures: 
  • Citations: 

    1
  • Views: 

    983
  • Downloads: 

    0
Abstract: 

Infertility in the world today is no longer an inescapable problem, and doctors have been able to solve the problem of infertile treatment in a coherent way. The birth of children by artificial insemination is in the following ways: 1) Insemination by husband’ s sperm with egg inside the uterus or out of it for fertilization, and 2) Inoculation by another sperm (stranger-donor) inside or outside the uterus. In the case of the guardianship of such a child, in the first place, the Islamic scholars (Faghi) do not have a particular problem with such insinuation, and share the same belief that both the natural parents have the guardianship of the child. The main issue is when donor sperm-other than the husband’ s sperm-is used. Most jurists consider such an insemination and the born child as unlawful; it is only considered as related to man and woman when they are ignorant to inoculation. In the legal context the guardianship in light of the sperm fertilization with the wife, whether inside the uterus or outside belongs to both of them. In case of fertilization with donor sperm apart from the husband’ s, in the case of ignorance to the child, the guardianship belongs to both of them. However in case of knowledge, and from the jurisprudence point of view the born child is considered as suspicious and adultery case. However, it seems that in light of the legal developments in the modern world, the child can be joined to the parents with respect to the international conventions in the domestic law of the countries. But in our domestic law and according to the jurisprudential principles, the guardianship belongs to the genuine father and the mother of the child. And only under certain conditions other individuals can be given the right to meet or have the guardianship of these children. The present research has been done in a descriptive-analytical method.

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Issue Info: 
  • Year: 

    1392
  • Volume: 

    11
  • Issue: 

    1 (پیاپی 40)
  • Pages: 

    3046-3050
Measures: 
  • Citations: 

    0
  • Views: 

    877
  • Downloads: 

    0
Keywords: 
Abstract: 

در بخش هفتم، نحوه توارث بیماریها و تفاوت آنها را در ژنهای بارز (غالب) و استثنائات آن، ژنهای نهفته (مغلوب) وابسته به جنس y و x و تفاوت ژن بارز و نهفته را در مورد صفت وابسته به ایکس مشاهده می نمایید.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

CUTHBERTSON A.G.S.

Journal: 

BIOLOGY NEWS

Issue Info: 
  • Year: 

    2005
  • Volume: 

    32
  • Issue: 

    1
  • Pages: 

    9-9
Measures: 
  • Citations: 

    2
  • Views: 

    251
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 251

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Author(s): 

TABATABAEI SAYYED MOHAMMAD SADEQH | AMOEI MARAL

Issue Info: 
  • Year: 

    2012
  • Volume: 

    8
  • Issue: 

    27
  • Pages: 

    55-72
Measures: 
  • Citations: 

    0
  • Views: 

    3694
  • Downloads: 

    0
Abstract: 

With the advancement of medical knowledge and the possibility of infertility treatment through medical sciences, different and complex issues and questions have been alleged in the moral, lawful, social and religious areas. They should be answered by jurisconsults and lawyers and sociology scientists to provide suitable background for codifying comprehensive rules. One of the lawful effects of child birth by artificial insemination is Inheritance between child and sperm owners. There are many questions in this regard as follows: In artificial insemination with husband s' sperm or sperm of an alien who become relatives? And between the child and which person to be established an Inheritance relation? What is the Inheritance status of child whose semen coagulated after the death of owner's sperm? Is there any similarity between Inheritance of this embryos and ones who born naturally? And etc. The authors explain mentioned questions and indicate there would be Inheritance relation based on genealogy relationship.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

SHAHBAZ GHAFARKHI SAJAD

Issue Info: 
  • Year: 

    2015
  • Volume: 

    11
  • Issue: 

    41
  • Pages: 

    53-70
Measures: 
  • Citations: 

    0
  • Views: 

    1217
  • Downloads: 

    0
Abstract: 

One of the derivatives of the Inheritance discussion is the subject of compliance or non-compliance of option Inheritance with property Inheritance. When some of the heirs are deprived of the property itself, the question arises as to whether or not those persons will also be deprived of the right of option belonging to that property. To answer this question, various opinions have been expressed by jurisprudents. The disagreement is rooted in the concept of option. In this paper, by adopting nullificatory conception of option and illustrating option right’s independence of property and accepting its relationship with contract, the famous theory of the jurisprudents concerning non-compliance of property Inheritance with option Inheritance is consolidated. This analysis is meant to apply the silence and general acceptance of the civil law to the famous theory. Data were collected through library method and analyzed using descriptive-analytical method.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

CHEEK S. | CANNON R.J.C.

Issue Info: 
  • Year: 

    2002
  • Volume: 

    1
  • Issue: 

    -
  • Pages: 

    97-102
Measures: 
  • Citations: 

    1
  • Views: 

    210
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 210

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Author(s): 

HAERI M.H.

Journal: 

MAQALAT WA BARRASIHA

Issue Info: 
  • Year: 

    2004
  • Volume: 

    37
  • Issue: 

    75(3)
  • Pages: 

    61-80
Measures: 
  • Citations: 

    0
  • Views: 

    1561
  • Downloads: 

    0
Abstract: 

In this article wifes Inheritance is juristically investigated from two aspects: (a) an Inheritance of a wife who is the only heir of the deseased in order to find out whether the surplus of wifes Quranic share belongs to the wife, or to Imam as asserted by contemporary jurists as well as article 866 of the Civil Law. (b) Is wifes Inheritance allotted out of the whole properties of the deceased or out of some parts of it? And is there any difference in this connection berween a wife wich a child and a wife without a child?

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Author(s): 

IZANLOO M. | MIR SHEKARI A.

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2010
  • Volume: 

    40
  • Issue: 

    2
  • Pages: 

    49-64
Measures: 
  • Citations: 

    0
  • Views: 

    2187
  • Downloads: 

    0
Abstract: 

The opinion of Islamic jurists are different on the subject off Inheritance of Diya'(blood money). On the other hand, the matter of Inheritance of Diya' has important legal effects from the viewpoint of tort law and general theory of obligations. These are the main questions: Who are the heirs of Diya'? Does homicide by error, like murder, is an impediment to Inheritance of Diya'? In case of murder, are the heirs of propostius allowed the choice between Qisas and Diya' or the only obligatory remedy for murder is Qisas and it will be transferred to Diya' by mutual consent of murderer and victims' heirs?The article purports, While examining different opinions of Islamic(specially Shiite) jurists concerning these questions and some others, provide due solutions to protect the rights of tortfeasors, victims, heirs and creditors of propostius.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ZAR KOUB M.

Journal: 

JOURNAL OF HUMANITIES

Issue Info: 
  • Year: 

    2000
  • Volume: 

    10
  • Issue: 

    34-35
  • Pages: 

    45-62
Measures: 
  • Citations: 

    0
  • Views: 

    826
  • Downloads: 

    0
Keywords: 
Abstract: 

Among the black and white pages of Abbassi history, sometimes the names of some poets who have chosen isolation and whose faces are hidden behind the ruling cruelty and ruthlessness of the time attract our attention. They are awaiting a saviour to remove the dust of loneliness from their faces and introduce them to the future generations. One of these unknown poets in Dicoljen who was born in 161 of Hijrat in Hems. He is a Shiite who expressed his Alavi thoughts openly in his poems in the difficult era of Abbassi and expressed his hatered towards the cruels and those who got the leadership forcefully and he did it through his writings and rhymes in poetry. During his life Dicoljen did not go to Baghdad which was the dream land of poets and writers and instead of filling his Divan with the admiration of the Caliphs he decorated it by admiring and appreciating AhIe bait, (Holy households). Because of this happening all of the history books admit that he was Shiite. Although he did not travel out of, his own city yet in literary fields he was not ignorant of new schools and he was the innovator of a kind of poetry called " Takheer" which later became the foundation of "Movashahat" poems. In the present article the mentioned dimensions in Dicoljens life are thoroughly dealt with and the poet is introduced with reference to his poems.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

MERQATI S.T.

Journal: 

MAQALAT WA BARRASIHA

Issue Info: 
  • Year: 

    2004
  • Volume: 

    37
  • Issue: 

    75(3)
  • Pages: 

    125-148
Measures: 
  • Citations: 

    2
  • Views: 

    2766
  • Downloads: 

    0
Abstract: 

One problem of artificial impregnation or artificial reproduction techniques (ART) is lack of formulated laws and rules in Islamic countries, including Iran, where laws must be compatible with and raised by Islamic principles and essentials. Since artificial reproduction is among new problems, it naturally cannot be traced back in works of preceding jurists, and since a need for law-formulation is researches done in order to assist lawmakers in this regard, this essay surveys a fundamental axis of that subject. Genealogy caused by artificial impregnation through an alien agent is presented in this essay in order to find out whether it is joined to genealogy caused by adultery or that of marriage? In other word~, the born child should be treated as illegitimate or as legitimate? If the latter, the child will naturally enjoy all rights of "descendants". Prohibition of mariage of the female child with father and attribution of the child to mother are among considerable issues of the subject in quesion. It is worthy of reminding that various conditions necessitate their own specific necessities.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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