Abstract
One of the issues that have been discussed in detail in Islamic law, how to resolve disputes in cases where both sides are Muslim. The main argument of this paper is to investigate cases in which a group of Muslims are having challenges with Islamic rule and the nature and motivation is political conflict. ...
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One of the issues that have been discussed in detail in Islamic law, how to resolve disputes in cases where both sides are Muslim. The main argument of this paper is to investigate cases in which a group of Muslims are having challenges with Islamic rule and the nature and motivation is political conflict. These conflicts are examined with the title of 'rebellion' and confronting with it under the "jihad against the rebellions". The hypothesis of this study is that: Doctrine deals with internal political conflicts in the Muslim rebellion and the solution that is predicted based on the brotherhood of all Muslims, peace, tolerance and human rights. The result is that the Iranian penal policy in this field is obviously different from the discourse of Islamic law. Despite the positive changes in the Penal Code of 1392, but no progress has been made in accordance with Islamic criminal policy.
Abstract
Sometimes, we consider some certain criterions of the superiority in the jurisprudence that discord apparently with human and moral principles. In this paper, firstly, we reconnoiter these criterions, then, because of uncertainty about existence of such sentences in sharia, we investigate the measure ...
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Sometimes, we consider some certain criterions of the superiority in the jurisprudence that discord apparently with human and moral principles. In this paper, firstly, we reconnoiter these criterions, then, because of uncertainty about existence of such sentences in sharia, we investigate the measure of their stability by study juridical and research in the books of jurists. In the meantime, we confront waveringly in the existence of the some sentences in Sharia but it is proved the existence some other. Because of that, in the second level, we will explain the reason of such sentences. The method of this research is analytical and style Library.
Abstract
Of course, it is obvious confession to murder is such arguments that prove a murder case. However, in some cases where someone has confessed to committing the murder and on the same subject, the other one confesses for intentional murder, pure or quasi-intentional error. There are different views among ...
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Of course, it is obvious confession to murder is such arguments that prove a murder case. However, in some cases where someone has confessed to committing the murder and on the same subject, the other one confesses for intentional murder, pure or quasi-intentional error. There are different views among Jurists concerning the ruling on this case. The famous jurisprudence theory that reflected in Article 75 of Act 235 maintains that discretionary for parents of murdered in reference to each of the participants to confess and act according to the provisions admitted. In the present article the writer first criticizes the promise of discretionary along with criticizing and reviewing documentation of the famous theory and prejudicing about them and accepts to refer to other reasons and the expertise theory on the basis of the principle of conflict and portioning two or more confession and in some cases provisions of the rule of voting. Second, discretionary sentence prescribed in the provisions of Article 477 approved in 1392 requires to revise. Third it is believed that examples of occurring conflicts are not limited to assumptions recognized by jurists.
Abstract
The theme of the triple concepts like playing (Qena), frivolous voice (Lahvi voice) and singing have an essential role in the determination of their religious order and edict. In this paper, the Levy singing sound given over sin and minstrel's song voice introduced to the issue of religious veneration ...
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The theme of the triple concepts like playing (Qena), frivolous voice (Lahvi voice) and singing have an essential role in the determination of their religious order and edict. In this paper, the Levy singing sound given over sin and minstrel's song voice introduced to the issue of religious veneration and lahvy Play only use in specific instances, such as forbidden gambling in the religion. Also the author prove that absolute prohibition of immoral and frivolous singing means singing voice commensurate with frivolous gatherings is not fixed in the Islamic law. In this regard, the author uncovered the historical misconception that the expression of Sheikh Ansari occurred in the song issue and believe that he just focused on the minstrel's song (not lahvy voices) as the subject of playing(Qena). Finally the author believe that forbidden playing is not accompanied with the lahvy voices according to it's famous meaning.
Abstract
In the jurisprudence is well known that each of the parties to the contract should have the competence and capacity to conclusion the contract in time of creating by another and between the two creations. According to jurisprudence they must have the addressing capacity. that means since creating offer ...
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In the jurisprudence is well known that each of the parties to the contract should have the competence and capacity to conclusion the contract in time of creating by another and between the two creations. According to jurisprudence they must have the addressing capacity. that means since creating offer , each party should maintain their competence until completion of the contract and connect acceptance to offer ; and death , madness , mental incapacity , bankruptcy , stupor , sleeping or drunk on them shouldn’t occur. There are many differences of opinion among the jurisconsults in this field. In Iran law also legislature has remained silent and hasn’t express anything about it. Thus, the field is open for making comments and needs jurists to provide solutions after examine juridical basics and principles. However, it seems that having intact creation will, in time of creating by creator is enough and that Convincing evidence about existence and continuity of it to the end of the contract can’t be seen.
Abstract
Confession has always been considered in law and jurisprudence.In the Penal Code the legislator has repeatedly spoken about the confession as one of the proofs of evidence. This proof compared with the other proofs of evidence can be recognized as the best and worst proof. It is the best proof ...
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Confession has always been considered in law and jurisprudence.In the Penal Code the legislator has repeatedly spoken about the confession as one of the proofs of evidence. This proof compared with the other proofs of evidence can be recognized as the best and worst proof. It is the best proof because the judge could decide without any doubt concerning the behavior and responsibility of the accused. Therefore, in conventional criminal law the confession is known as a king proof. Nevertheless, the confession can be the worst proof because it may be achieved illegitimately and illegally. As it is not unlikely that confessions may be obtained by torture or threat. Naturally, the confession without observing the conditions required by the Common and Divine legislator was not accepted in the criminal process. But, in return, if the confession involves all conditions considered by the legislature, some results will follow which is important in the criminal process. In this article, by reviewing the conditions necessary for the veracity of the confession according to the Penal Code, we have tried to study the effects associated with the correct confession.
Abstract
Revocation is one of the important legal institutions that beside institutions like right of option, and right to rescind allow people that by means of that cancel their previous actions and revoke of them. Revocation has an important role in adopting legal relationships of people in the society but ...
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Revocation is one of the important legal institutions that beside institutions like right of option, and right to rescind allow people that by means of that cancel their previous actions and revoke of them. Revocation has an important role in adopting legal relationships of people in the society but in spite of this in the legal system of Iran no more attention is paid to it and the nature of it partially unknown and this matter cause an important question in this ground like that: what is the legal nature of legal institution of revocation? What is difference of revocation with other legal institutions such as right of option in the binding contract, and right to rescind in the revocable contract, cancellation (Eqaleh) and annulment (Enfesakh)? Is revocation a legal right (haq) and whetherit is relinquishable and transferableor it’s a legal ruling (hokm) and unrelinguishable and untransferable?
There is a disagreement between Foqaha and law makers About the nature and the effects of revocation .but what we achieved in this matter by study and analysis from the religious and legal sources is that in the perspective of legal nature Revocation is a juridical act and application and execution of it accomplish by the intention of revocation and revocation is one of the main evidences of unilateral act (Ighah) and materialized by an attention. Revocation has specific characterictis that mak it different from other legal institutions such as the right to option in the binding contract, right to rescind in the revocable contract, cancellation (Eqaleh) and annulment (Enfesakh). In addition itseems that revocation belongs to the legal rights (haq) that is relinquishable but untransferable.
Abstract
Murder in the Marriage Bed is a situation which the husband kills his wife and an alien man while they fornicate. There are two consequences for this matter: firstly, the husband does not commit any sin as a result of his murder in front of God and will be not punished in the other life (Hereafter). ...
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Murder in the Marriage Bed is a situation which the husband kills his wife and an alien man while they fornicate. There are two consequences for this matter: firstly, the husband does not commit any sin as a result of his murder in front of God and will be not punished in the other life (Hereafter). Secondly if he proves this situation, he will be exempted of Retaliation and Ta'zir. Article 302 of Islamic Punishment Code (2014) has excepted the murder of wife and the alien by husband from the Retaliation adherence to the famous opinion of Imami Jurists. The right opinion in this matter is the relativity of the murder in the Marriage Bed as a defense, so most of the terms for considering it as a Hadd are not valid. In this research we have studied the famous opinion of jurists and its analyzing with an analyzing- critical approach. Also we have studied in Penal Law.
Abstract
Custom in the form of tradition and practice and customary habitude among people is the lifeblood of any legal entity and is considered as one of those subjects with unmatched impact on conformity of certain jurisprudence decrees to demands of time and place. Indeed, the more a legal system is affected ...
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Custom in the form of tradition and practice and customary habitude among people is the lifeblood of any legal entity and is considered as one of those subjects with unmatched impact on conformity of certain jurisprudence decrees to demands of time and place. Indeed, the more a legal system is affected by custom, the more consolidated and stronger it will be. Islamic legal system accrediting local customs and legislator‘s referral to them has been able to maintain its live and dynamic nature. This paper was performed to explain the position and effects of the custom in Islamic legal system noting its role in Iranian legal system. Therefore, after expressing conception of the custom from viewpoint of Shiite and Sunni jurisconsults as well as its idiomatic definitions, we practiced to deal its effects on jurisprudence and law and Iranian legal system through expressing features of custom as the main source and base in jurisprudence and law, its position deducing religious orders and its impacts on Iranian legal system.
Abstract
To compensate the financial damages three methods are conceivable based on rational arrangement: restoring the former state, delivery of the something identical, payment of price. Since the first and second remedies are not possible as to bodily injuries, the civil liability law passed in 1339 adopted ...
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To compensate the financial damages three methods are conceivable based on rational arrangement: restoring the former state, delivery of the something identical, payment of price. Since the first and second remedies are not possible as to bodily injuries, the civil liability law passed in 1339 adopted the third method and delegated assessment of damages to the courts. Nowadays the same solution was accepted in the penal code passed in 1392 under the blood money. according to the aforementioned rational arrangement and that blood money is a confirmatory law and a way for compensation and does not matter by itself and with regard to advances in medical sciences resulting to the possibility of compensation for bodily injuries through restoring the former state or delivery of the something identical, today it is better to binding the agent of loss to returning the injured person to the Nearest situation before the injury by treatments or artificial body organs. according to this, it is necessary to compensate the costs of treatment In addition to blood money and of course it is impossible to claiming both of the blood money and treatment.
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Abstract
In This Article, The Classification of Property, Right and Commandment in The Imami Jurisprudence has been Reload. The Purpose of This Study was The Determine of The Exact Criteria for Recognition of Right and Commandment and Using of This Division in The Legal System and also, The possibility of Sale ...
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In This Article, The Classification of Property, Right and Commandment in The Imami Jurisprudence has been Reload. The Purpose of This Study was The Determine of The Exact Criteria for Recognition of Right and Commandment and Using of This Division in The Legal System and also, The possibility of Sale of Rights and Theirs Situating in Situation of Price by Revision of The Classification of The Property and Right. By Studying of The Juridical Opinions, it was Concluded That, Unlike The Commandment, The Right is Covering The Monarchy and Therefore, The Owner of Right can Abort or Transfer it. By Referring to Traditions, Determining of The Nature of The Matter and Its Purpose and Finally, Reversion to The Practical Principles, Can Recognize The Right from The Commandment. The Most Important Benefit at Acceptance of Separation of Commandment and Right is That Commandment Theory can be Replace instead of Western Public order Theory. In Contrary, The Separation of Right and Property is not Seems Accurate, Because The Property is also One of The Rights That was Interpreted as Property Law and Enable The Owner to Execute All Possessions. Therefore, Instead of Separating the Right and Property, It must be Consider The Right as Basis of Classification and Divide it to Property Right and Other Rights or According to current Law That Seems More Complete, to Objective and Subjective Right. The Important Result of This Analysis is That in The Sale Contract too, The Property Right of Sale is Transmitted to The Seller. Therefore, Other Rights Can be as Sale and Price too.
Abstract
The position of judge is very important because of the fact that Islam and holy legislator has special attention to protect the rights and dignity of people. Nowadays; with the increasing development of human societies and the extent and evolution of the legal relations between individuals and the necessity ...
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The position of judge is very important because of the fact that Islam and holy legislator has special attention to protect the rights and dignity of people. Nowadays; with the increasing development of human societies and the extent and evolution of the legal relations between individuals and the necessity of a fair judicial approach, of course, the judiciary has called a major challenge. Open more than ever, communities, development of legal relations, development of the Internet and e-commerce in the area of ââprivate law, as well as personal and social growth of organized crimes and deep connection with the community in the sphere of criminal law issues, the need to look deeper than the judicial institution requires. It seems that one way to achieve this important institution "number of judges" in the legal texts of the joint or joint judgment or judgments in judicial interpretation of the council, in which a group of judges "single issue" to review and after consultation with each other, all or most of their "unified command" to the composition.
Abstract
Have we ever asked ourselves about the freedom of the birds inside dirty and small cages , just for our fun? Have we really asked ourselves about that high-flying bird, living on high summits of mountains and in extended deserts? Whether all rights of life limited just to us as ...
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Have we ever asked ourselves about the freedom of the birds inside dirty and small cages , just for our fun? Have we really asked ourselves about that high-flying bird, living on high summits of mountains and in extended deserts? Whether all rights of life limited just to us as noble creatures!? This article is going to focus on this very severe question. We strongly believe that “Zoo tramples animal rights”.
