نشریه فقه و حقوق خانواده
پیاپی 45-46 (بهار و تابستان 1386)

One of the issues which have been brought forth for discussion in Islamic law is liability of a paternal relative of a murderer with the exception of women. In pre-Islamic society it was based on social contract among the people in a community they enjoyed the legal support. This law was also ratified by legistlators in post Islamic society, but in today’s society there is no such commitment to the legistlation. Although social justice is one of the basic principles of Islamic law, but it seems the above mention liability law is in conflict with social justice and with laws related to personal punishment. The person liable is the one who accepts responsibility of the crime. The issue of liability of a paternal relative of a murderer can mostly be seen in accidental crimes such as car accidents. To implement such laws has it's own difficulties: first it is difficult to have access to such person, secondly if he is poor the problem will be turned over to the government which creates a burden for the public treasury. Considering the fact that some Islamic scholars have approved the liability of such person with their own reasoning, the aim of this article is to study all the theological reasons to find a solution for these problems, taking into consideration the valuable thoughts of these Islamic scholars. Due to the rich sources of Islamic laws it can be said that the liable person was approved by the theologians. Today the commitment of the insurance company is an example which can be accepted in cases of a contract between the indivual and the insurance company, which is signed in advance.

The tremendous number of pending judiciary cases that require high judiciary expenses has lead to the infringement of the rights of the accused and the plantif, thus creating many problems for judicatures and the Islamic government. Therefore authorities are trying to take necessary steps to reduce crimes and imprisonment, but to achieve such goals they have faced many difficulties. Improving judiciary power and it's concept requires a fair judiciary which originates from a pure and just Islamic system.In this article those factors relating to the improvement of judiciary system are clarified. On the other hand different guidelines and criteria of it's practicability is analysed and studied. Given the emphasis on Islamic Justice in litigation it has tried to prevent crimes and to put more emphasis on reform, repentance and the propagation of a fair Islamic culture.

Criminal law is affected by human rights and is considered as one of its peculiar characteristics. In other words criminal law proceedings are considered as one of the fundamental elements of human rights. Human rights are a special kind of law which every person as an individual should reap the benefits. That section of human rights which is related to criminal law is referred to the dignity and greatness of man. If the status and dignity of a criminal is not respected during the investigating of a crime it would be contradictory to human right’s rules and regulations. In the UN charter the development of mans’ rights and the protection of peace and security is highly valued and recognized as a fundamental right of man. To guarantee such rights efforts are made at regional and international levels to safeguard the rights of the accused. It is necessary to guarantee the rights of the accused in a fair regional and international trial in accordance with the human right charter for just punishment. Therefore a section of this statute is related to a fair trial.In this article the right of the international criminal during the legal procedure and the criminal proceedings with special reference to regional and international documents and statute are clarified.

Life is a divine blessing that has been bestowed upon all creatures.It begins with the integrationey the soul and comes to an end with the disintegration of there two elements.Brain dead is one of the controversial issues in contemprovy medicine and particularly in Islamic theology. As a result of technological advancement in medicine there is a possibility of donating and transplanting organs from the patient suffering brain death, before the signs of death are seen.Despite the many draw backs in defining brain death, in medicine the question raised among theologians is whether to consider the person suffering from brain death as dead or alive.In this article issues such as brain death, life and death, death from Quranic and traditional scientific, medicine and legal point of view have been taken under investigation. While providing answers to the above mentioned questions, it will explain how such issues are dealt with in gran, taking in to consideraticn the Islamic law and custom.

According to Shiite traditions “haram” (forbidden deeds) and “halal”(permissible deeds) are valid and will continue to be until the Day of Judgment. On the other hand, taking into consideration the changing times it might be altered or modified. In accordance with the unwritten Islamic law the teaching of Islamic principles was the responsibility of the Prophet, but how to judge and make decisions according to the Prophet’s teachings and implement them is the duty of the scholars, which is called “(Independent Judgment)”.In this article the study of the issue of “independent judgment” during the time of the infallibles in general is undertaken and Imam Sadiq’s(P.) era in particular. Bearing in mind the special circumstances of that time the study provides a summary stating a report of the formation of Shiite schools of thought vis-à-vis other schools of thought. Imam Sadiq(P.) and his followers’ policy regarding “Independent Judgement” are therefore analysed.