فصلنامه حقوق اسلامی
سال چهاردهم شماره 1 (پیاپی 52، بهار 1396)

Protection of rights of foreigners and aliens is one of the oldest issues in transnational and international relations, and those who travel to other countries for scientific, cultural and religious goals, are more respectful and protected and so the cultural and religious places and centers which are aimed at by peoples from different places, nations and religions. Nowadays, some sacred places like Beyt al Maghdess and Al Aqsa Mosque are of that status which spiritually belong to the followers of all divine religions. Mecca also has the same character in the sight of all Abraham religions and it's security, peace and welfare in this place for it's residents and visitors has been asked by prophet Abraham and the divine will. Such a position of these places raises some obligations on the government within it's territory these centers are located. Saudi Arabia's primary obligations in this respect, from Sharia, municipal and international law perspective with some references to Islamic jurisprudence , are under discussion in this essay.

Sureties are subsidiary guarantees which are subordinate to the principal ones and seek to gain obligees trust on obligor’s credit and his/her lack of infringement in fulfilling the obligation. To achieve this purpose, they provide a guarantee or, in other words, an extra sanction in addiction to legal sanctions for the debtor’s insolvency and obligor’s infringement of fulfilling a guarantee.
In order to provide the sanction regarding obligor’s infringement of his/her obligation, sometimes the guarantor himself undertakes the obligation. Such guarantees are commonly exemplified by different types of guaranteeing someone else’s debts. In some cases, the guaranteed obligation itself cannot be undertaken and the guarantor has to undertake the consequences of obligor’s infringement to guarantee such obligation. Security against fault in title, guarantee of trustee’s encroachment and waste, and good performance bond are the examples of aforementioned case.
Transfer of debt and guarantee are two distinct legal institutions which are not mutually exclusive. Moreover, personal guarantee is different from joint and several liability. In the latter, the creditor does not solely seek a sanction, but he/she aims at having two place of performance for the obligation.

One of the types of obligations that due to the multiplicity of the issue are mentioning is alternative obligation. Alternative obligation is an obligation that its issue is two or more things in within each other and just doing one of the issues is considered and by doing one of them, fulfill that promise is taken place and committed is absolve. An important question arises regarding the alternative obligation in the Iranian legal system verify the authenticity and validity of this obligations. Whether this kind of obligation in the law of Iran is legitimate and valid? This question arises in accordance with Article 190 of the Civil Code of Iran the deal must be determined and may be regarded as contrary to the provisions of this law there is an alternative obligation and for being indecisive issue of obligation and Gharar is void. More careful study indicates that different wavering obligation alternative obligation Gharar it does not flow. Moreover, the legal background of the above discussion indicates that the selection in implementing the obligation accepted by some great Shiah scholars and many scholars believe it to be true. This study aimed to identify the concept and principles of authenticity alternative obligation in the law of Iran carefully studied the sources of Islamic law and provisions, attributes, features and how to implement this type of obligation is expressed with comparative study of and Egypt.

Many jurists consider receiving money more than the real debt as usury and haram; nevertheless, some of them allow the condition of receiving money as late payment penalty and treat it apart from usury. The legislator’s viewpoint is not clear; however, there is no logical limit for the agreement on receiving such damage, even over inflation rate, since the purpose of this solution is mainly to force the debtor to pay the debt on time without extending the payment. Even some of the viewpoints of Guardian Council allow receiving the foregoing damage conditionally. The credit of such an agreement of the legislator’s viewpoint is problematic and at least challenging because the legislation records, exceptional treatment of the matter specially note 2 article 515 Civil Procedure Code, authorize claiming the late agreement damage as a specific rule by separating late payment damage from general rules for other damages. This indicates that the concept and nature of law still do not allow receiving money over the inflation rate under any title but the stipulated cases, a position which needs correction and clarification.

One of man’s most fundamental needs is to be sociable and communion towards other members in the society. The Islamic republic of Iran’s legislators, based on the call of the people, accepted Islamic principles as the principles and rules of the society so that they would be able to form legal and temporary gatherings to express their opinions and demands. The 27th constitution, to form temporary or public gathering, two conditions – absence of any weapons and no disruption to the principles of Islam – are necessary so that no disorder to the religion that is the basis of this country and no harm to the security of the country which is the citizens fundamental right is inflicted. It seems that legislators and law executors shouldn’t oblige previous notice or permit, which is clearly contrary to law, from the ministry of interior for uprising assemblies and march. If they do wish to continue on this path – to not permit disorder to the system and Islamic principles – it is worthy (whether through the principles of this matter or legal interpretation of the guardian council in connection with this principle or even changing of this principle) that they should just close the door to legal oppositions to exert freedom and forming assemblies and marchs.