مجله پژوهش های فقهی
سال دوازدهم شماره 3 (پاییز 1395)

The main hypothesis in this paper is that Sahebe javaher is be wrong related to exact calculating of surplus of blood money to the difference sexuality (male, femal , hermaphrodite). In this paper which written on descriptive- analytic, the author in first time criticize on Sahebe javaher view point about to participate in killing of on Muslim person regarding to circumstances of calculation of blood money to the persons which participate on killing the person about their surplus Blood money that must be returned to them before killing them as a murder, by the state of different of genus: male, female, hermaphrodite. According to principle of 4 and 167 of Constitutional of Islamic Republic of Iran to Jurisprudentional Saheb javaher view points in the cases of judge-made law.

The crises sometimes cause a man(zawj) to become absent so that no news have been received from him. Shiite and Sunnite religions have two opinions about the situation of the wife(Zawjah) of the continuously absent person: patience until his life or death becomes clear, and waiting four months and ten days(Ieddeh of death) after waiting for a determined period. Shiite Jurists, in condition that the man is alive and has left the maintenance(nafaqeh) for his wife, issue that the wife's duty is patience. Otherwise the wife can apply for divorce. After waiting for four years and looking for him by the judge, if no news have been received from him, the judge will grant divorce. Hanbali and Maleki jurists have views similar to Shiites'. Shafeei's and Hanafi's believe that the wife of the absent must have patience until the individuals like him die. Then she waits four months and ten days(Ieddeh of death).

This study analyses the condition of attorney dismissal which civil law has accepted because its previous studies presented that the truth and requirement of attorney contract in terms of customary and literally agreement, is representation. Removal of lawyers with guaranteed implication or even by claim of adjustment implication lies in the meaning of representation and the two parts are not separated.
Therefore, the condition is opposite of the Book and Sunnah. Moreover,the condition of attorney dismissal can be analyzed in terms of the Book and Sunnah through presenting of attorney specific arguments about the client reference which includes conditional and un-conditional situations, and in case of doubt, there is the principle of command on client dismissal right from attorney. Also the license for reversion of attorney rules is considered special in which the parties can not agreed against it with the conditional statement. Thus, the condition of dismissal is against to the Book and Sunnah. The method of the study is Descriptive- Analysis.

Without any doubt the value of the securities in the economic analyses isdepending on the origin of assets and they don’t have value themselves. In respect of the rule of paper document in the nature of securities, some of Iranian lawyer argues that the right to which the paper document relates materializes in the document and can therefore be transferred according to the rules governing tangibles. If the paper document is transferred, the buyer not only acquires title to the paper, but also becomes entitled to the right to which the paper relates. This view refers to the fact that the document relating to the security embodies a valuable right, but this view,based on the principles of Islamic law, in this system and therefor in the Iran legal system seems not correct.

Criminal policy is an interdisciplinary system consisting of several interactive nation-state subsystems that attempt to address serious crimes and deviances by managing criminal justice through organizing the relationships between criminal science and actors within the criminal justice system in both theoretical and practical settings. As an important element at the most strategic level of soft power for any system of governance, criminal justice requires particular attention since any inefficiency in development and monitoring of the national criminal policy system may lead to crisis of efficiency crisis or even legitimacy crisis of a regime. Despite its several strengths, criminal policy of the Islamic Republic of Iran suffer from a number of weaknesses including strategies developed at macro level to govern legislative, judicial, and executive decisions made by legal authorities in the country.
By reviewing the significance of localization of criminal policy, the present study draws on an analytical approach to describe instances that indicate a crisis resulting from lack of a localized criminal policy in the Islamic Republic of Iran. In particular, it examines the process of formation and development of anti-rationalist approaches to penal jurisprudence through a scrutiny of how such approaches hindered realization of ultimate goals in terms of criminal justice at the macro level of the Iranian criminal system. On the other hand, a number of approaches are proposed to strengthen the opposite view that draws on the legal capacities of Islamic jurisprudence to localize a criminal policy centered on Islamic penal jurisprudence and to partially meet the requirements in development of an Islamic-Iranian progress model within the realm of criminal policy system.

One of the most important sources of Imamiyyah jurisprudence is the tradition in the form of reliable report. And A significant part of it, refers to external threads, but the renowned Osuli's jurisprudents take the view that the scope of the reliable authority credit, Is limited to injunctions and argue that account is a subject concerning with evidence chapter in which justice and witnesse's multiplicity, is an accounting from sense and valid observation.
On the other hand, appearance of judicial decrees of jurisprudents, or not, their explicit derees, is that the validity of the reliable authority is in subjects. This article wants to probe judicial decrees and arguments of opponents and proponents aboute the reliable authority in juridical subjects with a focus on Sayyed Ahmad Khuansari's view by analytical- descriptive method, and Through which Specify its scope. The findings indicate that, from the proponent's view, evidence validity, legislated In order to prove these issues belong to the legal and financial claims, and The reliable authority in other subjects wouldn’t have any problem. as well as Jamia-almadariks author, criticizing the famous view, considers the reliable authoritie's condition, wise foundation's authentication.

The word “Arjulakum” in the 6th verse of Sura al-Ma’ida is recited in three different vowelized endings; Marfu’, Mansub, and Majrur. The two later forms are more popular. Given that the word “arjulakum’ in the Majrur mode is coordinated to “Ru’usikum” and in the Mansub mode is coordinated to the position of “ru’usikum”, and the both possibilities would make the word “ru’usikum” object of the verb “imsahu”, the feet are also need to be wiped instead of being washed, the same as wiping for head. In another hand, coordination of “arjulakum” in Mansub mode, to “wujuhikum”, would make a distance between two objects of a single verb, which contradicts the eloquence of the sentence. Coordination to “wujuhikum” in the Majrur mode according to the rule of neighboring words is not correct here too. And according to rules of Arabic syntax, “arjulakum” could not be coordinated to “wujuhikum”, so the only possibility left is its coordination “ru’usikum” which concludes the obligatory of wiping of the feet in wudu’, instead of washing them.

In history of Shia jurisprudence, it is supposed that children have no duty and obligation, so there is no punishment in hereafter for them. This dominant idea is considered a kind of freedom for immature children and has unpleasant educational and social consequences. In recent century above- mentioned approach is challenged by one researcher called Naeini; but his theory about children punishment in independent sentences of intellect is not accepted by late-comers due to its conflict with hadith of Raf' al-Qalam while some contemporary scholars decree a punishment for such children without solving the problem of its conflict with the mentioned hadith.
This study is done by documentary- library method and intertextual analysis to discover the ideas before and after Naeini about this theory. This theory is rebuilt and recreated by allocating punishment for children that violate intellectual sentences (or orders), because God forgives sin and violation related to him and God's forgiveness and kindness does not cover violation in other human rights, accordingly problem of mentioned people is answered by proving inherent restriction of mentioned hadith toward independent intellectual sentences.