F. Asghari Aghmashhadi; F. Asghari Aghmashhadi; M. B. Asghari Aghmashhadi
Abstract
In Islamic law, bigamy has been accepted for the husband and, Iranian positive law (Art. 942 of Civil Code) has followed it. So, the wife may insert a condition in the contract of marriage that the husband should not remarry. The opinions of Islamic jurisprudents differ relating to the validity or invalidity ...
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In Islamic law, bigamy has been accepted for the husband and, Iranian positive law (Art. 942 of Civil Code) has followed it. So, the wife may insert a condition in the contract of marriage that the husband should not remarry. The opinions of Islamic jurisprudents differ relating to the validity or invalidity of such condition. According to some of them, such condition is void and nullifies the marriage. But others believe that the condition is void but the contract of marriage is valid. Yet others believe that the condition is also valid. The opinions of the latter group of jurisprudents differ concerning the sanction of breaching the condition. According to some of them, the remarriage is valid. According to the others, it is void. The legal authors have different views about the issue too. According to the present article, the condition is valid by revoking to the general rules like "the believers should honor their contracts" and special traditions and, the sanction of breaching the condition is that the first wife can demand the divorce of the second wife.
J. Jafarpour; S. Zolfaghari
Abstract
Abstract
Due to the importance of family constitution in comparison with the other contracts, requirement essence of marriage contract is one of issues that has more delicacy and needs more accuracy, too. Through recognition of essence of this specified contract, one mustnât emphasize on this aspect ...
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Abstract
Due to the importance of family constitution in comparison with the other contracts, requirement essence of marriage contract is one of issues that has more delicacy and needs more accuracy, too. Through recognition of essence of this specified contract, one mustnât emphasize on this aspect alone. As it is obviously clear from divine statements about duties and rights of the parties, marriage in holy legislator's point of view and according to the Quran verses was not aimed as just one aspect. Marital relationship is one of the consequences of marriage not preceding it or its essence. Although under the influence of some thoughts which consider marriage subject to the public rules of the other contracts absolutely, and because of that, measure its requirements with the same standards, we must know that specialty of marriage bars such incorrect thought.
In addition, in this article many reasons will prove that from early on the purpose of this contract is to establish a social foundation not making a framework for sexual enjoyment merely. Nowadays due to the changing of ideas about human and its intrinsic greatness, marriage cannot be treated as a simple framework for body relaxation. Indicating these points doesnât invalidate the importance of marital relationship in its particular meaning. But of course, it doesnât place it as the main subject and it legitimates the will of the parties for eliminating it in the form of clause.
A. Hajidehabadi
Abstract
Abstract
Imprisonment is one of the punishments common in various legal systems. The legal system of Islam has accepted it. Though, in addition to its penal function, Islam has considered some preventive and cautioning functions for it. It should also be admitted that imprisonment is a punishment with ...
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Abstract
Imprisonment is one of the punishments common in various legal systems. The legal system of Islam has accepted it. Though, in addition to its penal function, Islam has considered some preventive and cautioning functions for it. It should also be admitted that imprisonment is a punishment with correcting and curing function by itself, however, it is not favored, and it is accepted as a way to attain objectives which are mostly other than correction and cure.
M. Haeri; V. Nasiri Razi
Abstract
Abstract
In imamate jurisprudence, unconsciousness of attorney or client is one of the dissolution factors of attorney contract. Most of the jurists with certainty and some with caution have considered such contract invalid, while our civil law has not include it in cases of invalidity. Silence of law ...
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Abstract
In imamate jurisprudence, unconsciousness of attorney or client is one of the dissolution factors of attorney contract. Most of the jurists with certainty and some with caution have considered such contract invalid, while our civil law has not include it in cases of invalidity. Silence of law has caused this point of view that unconsciousness should not be considered as a means of attorney contract dissolution. In a lot of juristic books the main reason of such view has been noted to be the consensus of jurists and the invalidity of contract due to unconsciousness is common among jurists, but a question remains unanswered that why our civil Act is silent toward this subject. Reviewing the viewpoint of jurists and silence of Act is a key element to compare the ideas and benefit from the results. The current article has investigated the issue from the jurisprudence and also domestic laws point of view due to jurists comment on this subject.
M.A. Khorsandian; Gh. Shenivar
Abstract
The complex contract is the contract that is mixed with various structures of other specific contracts which have lost their independence and make up a unified whole. In Islamic law jurists mention some contracts like Mozrebah, Mozareah, hire, etc. which are similar to complex contract. There are some ...
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The complex contract is the contract that is mixed with various structures of other specific contracts which have lost their independence and make up a unified whole. In Islamic law jurists mention some contracts like Mozrebah, Mozareah, hire, etc. which are similar to complex contract. There are some controversies over the nature of complex contract. Some scholars suggest Solh agreement. Others believe that this contract is always one nonspecific contract, and some say we must break up this contract to its ingredients. This article shows that the correct view is considering main effect of each contract as general contract and the other as subordinate and conditions of main contract. Based on this view, this article analyze the nature of some complex contracts like hotel agreements, credit cards, leasing, service lines of water and gas and the nature of conditioned leasing, and suggests them for renting for possession and renting things for the hotel. For contract agreement it believes in the independent agreement. It claims that the complex contract is against Islamic rules and regulations.
Key words: mixed contract, mélange contract, leasing, nature of contract
H. Talebahmadi
Abstract
Abstract
Although there is a clear criterion to distinguish contracts from unilateral legal acts, it is difficult to give an opinion about the nature of some legal acts as they are similar to both. Possessory will is one of the acts on whose legal nature there are different point of views. Some consider ...
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Abstract
Although there is a clear criterion to distinguish contracts from unilateral legal acts, it is difficult to give an opinion about the nature of some legal acts as they are similar to both. Possessory will is one of the acts on whose legal nature there are different point of views. Some consider it as a contract and some as a unilateral legal act. It also is considered as something between contracts and unilateral legal acts in some point of views. From another view point, a will is supposed to be a kind of legal possession whose legal nature can be identified depending on the sort of possession. In possessory will the ownership of the property is given to someone else after the death of the real owner, and in gift the same is done during the owner's life time. Since they are almost similar, possessory will can be considered as a contract.
Syyed Ebrahim Ghodsi; Mahdi Biniyaz
Abstract
Audio _ Video related crimesâ especially those of public ethics and chastityâ have always kept all societies concerned as a social and cultural unacceptable creed. Because of the clear expressions of the Holy Quran about the protection of public chastity and ethics as well as the existence ...
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Audio _ Video related crimesâ especially those of public ethics and chastityâ have always kept all societies concerned as a social and cultural unacceptable creed. Because of the clear expressions of the Holy Quran about the protection of public chastity and ethics as well as the existence of ample narrations the attempt has always been towards recognizing such acts as crime in Iran too. Thereforeâ the legislators have always paid attention to audio _ video related crimes ethics and chastity issues since the very early time. In spite of the fact that preserving public ethics and chastity has always been regarded important at any timeâ especially for the Muslimsâ some people in different ways and for a variety of reasons attempt to destroy and darken this holy social institute. The most important and major tool these people have in hand are hackneyed and dirty tapes and videosâ for which current law is saying nothing about considering such acts as crime. In countryâs current law there are two laws which are Article 640 of Islamic punishment law ratified in 22.05.1996(02/03/1375) and laws on how to punish persons who act illegally in audio â video fieldâs ratified in 06.01.2008 (16/10/1386). Apparently a conflict can be seen between these two, and this conflict leads legislator not to meet his/her objectives, expected from considering illegal audio â video related activities as crime.
Thus in this paper the author has firstly dealt with analyzing rules and laws governing this sort of activities and making sure that there is no conflict between them. Then the music and its verdicts, and the verdict of keeping the hackneyed and dirty tapes and videos, in Islamic Shariâah are taken into consideration.
