مجله پژوهش های فقهی
سال دوازدهم شماره 4 (زمستان 1395)

Sometimes in spite of expiry of farmletting period because of inevitable accidents, the crop is immature and harvest is impossible. In this situation rights of doer interfere with farmlessor rights. In sources of fiqh the basic disagreement is about uprooting and retention of crop. While majority of jurisconsults believe that farmlessor is dominant on free uprooting, others refuse this authority and another group of them believe in reciprocal retention in order to aggregate between the rights of farmlessor and doer. The last view is accepted by some of the codes of other countries such as Egypt.
In Iran law in this relation the article 540 is definite. Some of jurists by presentation of logical interpretation believe that proposition of this article of uprooting is only about where the farmhand has done dereliction, but this interpretation disagree with absolute legal authority of the owner to exercise dominion or control over property. In addition regarding to juridical history of discussion and attention to term "perchance" in words of legislature, this interpretation is unjustified versus historic interpretation.Furtheremore, others by analogy of farmletting contract with rent, believe that there is conflict between above article and article 504.nevertheless,we should forget the hallucination of conflict, because not only imagine of creation of two conflicted proposition in body of law is illogical but also subject of two article is different with each other. Furthermore farmletting unlike rent is participatory contract and deserve of farmlessor on uprooting is only limited if there is a clause about retention of crop for determined duration or if it is an accepted usage and costom.

According to popular juris prudental theory, reluctance to murder, murder is not licensed, but the steward reluctantly sentenced to death and impeller is sentenced to life imprisonment. This theory is based of the legislator in placing regulations about reluctance in murder in islamic crimial law approved in 1370 and 1392 and is based on some of reasons such as tradition about impermissibility of resevation in bloods , tradition about ordering to kill another . the reason of prohibiting of losses from himself harm to another, denote the tradition of "rafe" and consensus of jurists.
against the famous view there are unpopular views that havent unity in basics in this artcle the writer with review on the popular juris prudental theory and unpopular theories review relevant documentation to be discussed , and finally while entering the objection to popular vote and with emphasis on customary arbitration , the view of stronger cause to steward , and in consequence the necessity of quesas of cause and removing responsibility from stward is accepted

Personal data of individuals, especially in the domain of communications, might be collected and processed by commercial companies and, based on the needs of consumer market, converted to commercial files and supplied to customers. Regardless of the issues of the ownership of personal data, an important question is raised: Does benefiting from communicative data of individuals carry any responsibilities or not? The responsibility ensuing the collection, processing and sale of personal data by commercial companies and individual persons might be noted from different aspects. And various instruments could be employed to protect the owner of the data. Benefiting, along with some other factors, could be noted as a cause of liability for violating the rights of the owner of the communicative data. Liability for benefiting from individuals’ communicative data and its conditions constitute the topic of the present text.

Allow or prevent population control by government involvement had been some pros and cons among the jurists. In Imamiye jurists, the authorities of Islamic regime is based on based of Velayat-e faqih acceptance and his involvement in social, political affairs and the judge can set some regulations in social affairs and according to society situation. In the event of conflict, partial and random Concomitance is important should be monitored, however, permanent concomitance between population growth and development is not accepted. This topic is highlighted when examined in the macro level; i.e., making population policies by Muslims government. This is a descriptive-analytical study based on religion teaching and jurist’s opinion to note the aspects of responsibility and involvement of Islamic regime to control and regulate regulation and to analyze the juridical principles. This study tries to indicate the principled of government involvement based on different principles.

In this paper, the authors are trying to find the correct view of Shiite jurists about the scope of dedication to the descendants and relatives of benefactor. The Famous Shiite jurists believe that if the offer of the devotion be absolute Without any constraint, granddaughter virtually can count as those to whom it is dedicated. Also according to the famous Shiite jurists, if the dedication is for the reletives, it isnot include girl descendants.The authors of the article after the jurisprudential documentation review, believes that such deductions include girl descendants by its real meaning as those to whom it is dedicated.

Future property sales can be attributed sale of any property (for general or specific), which it's procurement, production or delivery will have made in the future. What puts the validity of this view as disputed, is lack of accuracy on (contract of) buy-sell with the goods and consideration thereof to be exchanged at a future date for general contracts and also occurrence of fraud in specific contracts. But the study of views of different jurists shows that; contract of the goods and consideration thereof to be exchanged at a future date is not override, and such contract has a special definition and a narrow interpretation, that does not enter prejudice to the validity of such sale. At the same ledger for future sale to the credit of the acquisition and credit of its subject, and also give the possibility customary and detailed descriptions of sales which satisfies its ignorance, rejects the possible fraud, because if in primitive societies, there is a possibility for that now that give a more accurate description of the object of sale become possible, similarly the wise knows the trading on the assumption by making other general conditions as a sale What is known as future sale of goods in western law and specially in english law reffers to an agreement to make a sale of goods and in fact is not a sale of future goods because the transfer of possession in future goods is not acceptable in present

The Jurists have indicated to a jurisprudential general rule "Justice and Equity" for division of property or right.
According to this Doctrine, the jurists say "If a property or right is uncertain between two people or more & none of them have not presented any proof, and/or the evidences are opposed each other and no presumption is found for allocation of the property or right to a certain person, it will be equally divided among them, in accordance with the Justice and Equity Doctrine. The author of this article verified the evidences of the said principle and carefully considered the contents and purports thereof and believes that "Justice and Equity" as a jurisprudential principle and a canonical evidence shall be invalid and ineffective.
This article has been written as to the aforesaid subject and aimed at defending the writer's opinion.¡

Jurisprudence and ethics have responsibilities in relation to perfection. These two areas of science have similarities and differences. As yet, although many decision have been made about the relationship of “jurisprudence”, “ethics” and “mysticism”, it is hard to achieve the common conclusion through all these decisions, while the judgment of any of the researcher is based on their perception of the meaning of “Jurisprudence”, “ethics”. Therefore, understanding relationship, homogeneity and heterogeneity of jurisprudence and ethics, requires determining different aspects of these two areas. This study aims to explain the necessity to separate different meaning of “jurisprudence” term meanwhile, reveals the homonym of different application of “jurisprudence” term and eventually discuss the relationship among different meanings and the relation of “jurisprudence” and “ethics” and compare their role in human.