مجله پژوهش های فقهی
سال هفتم شماره 2 (پاییز و زمستان 1390)

In the background of different sciences, compiling the record of periods is very helpful to better understand and recognize rise and fall of the science. This is also applicable to Islamic jurisprudence, which is one branch of Islamic sciences. Many scholars of jurisprudence science have proposed historical periods for it. But, unfortunately, there has not been recorded any profound research work on determination for periods of comparative jurisprudence in Shia and Sunni works yet or at least no documents can not be found in this regard. For the first time, the present research attempts to provide five periods for comparative jurisprudence through studying historical documents and then, refers to important works written in each period of comparative jurisprudence.

Dispute between contractor and broker over “the type and attribute of the wage” in contract leads to a controversy which many Imamiehreligious experts believe that has no result but “bilateral oath-taking”. Most important criteria of selecting bilateral oath-taking are: simultaneous positioning of contractor and broker in accuser and denier position, lack of common ground between the two sides as well as lack of any preferred choice. After bilateral oath-taking, due to the bind between contract and opposed claims, the two sides lose their legitimation and after breaking up the contract, the only way to prevent rights of the two sides from being wasted is to pay the quantum meruit that due to the economic value of the task commanded by the contractor, he has to pay it. Investigating this issue in order to explain the causes of choosing bilateral oath-taking is the focus of this study.

The word veil has different meanings in the locution including the curtain, delimiter, barrier, and being covered by the clothes, and in the specialized meaning of the word, it is a special covering, which covers the women’s head, neck and their bodies’ protuberances and also covers her jewelries according to the Islamic standards; it a matter which emphasizes the consolidation of chastity, the human’s righteousness and the revealed-base society training, and the humans’ blissfulness and perfection depends on being duty bound and observing them. Also, it was approved thatthe veil has some types, and about each type of it, a special nature can be observed from the viewpoint of Islam.It was verified that about observing the Islamic veil, the eyes, face, hand’s back and palm and the steps are not included in the veil’s obligation.The veil is a confirmed principle among the human beings and it has been under the attention of the Islam in the direction of reinforcement, chastity and the perfection of human. It also prevents many ethical disorders and corruptions.

One of the important issues in daily affairs of human life is easement,when onesees other peoplesneeds and helps them to solve their problems. There is no general evidence to justify easement that five-sect jurisprudents cite. There arenot specific verses about easement rights in the Quran; but,we can mentioncommon rights between neighbors and granting benefits to him as implied inthe 36th verse of NisaSurah. The second resource is theSunnah, Prophet's and Imam's tradition can be a reason is to validate easement. Therefore, narrativesin Imamieh and Sunni booksregarding this issueare described. The third resource is the total ideas of wises, wises with any faith who have accepted easement. The fourth resource to justify easement is Prophet's companion's actswhich areconsidered as an evidence for Sunnisect, that companions assign easement as a legal issue in their acts. So, it can be concluded that the easement is legitimate according to the reasons expressed here and is accepted in modern societies, and the justification of easement will help the legislators and jurisprudents.

The condition is related to future and occurrence or undertaking decline depends upon it. Not only that matters which aresigned in the contract are necessary to fulfill,but some matters requires approval by both parties according tonorms, situations and rules. Predeterminedconditions are examined deeply in Imamiyeh jurisprudence and they have to be discussed to evaluate the contractin advance. Predeterminedconditions or agreement condition is agreed by parties before contracting, but it isnot stipulated in the contract. The study attempts to indicate that there is nodifference betweenmasonry condition and implicit condition and stipulated condition in the contract. As said, the condition relies on the intention of parties and the contract should be fulfilled according to it.

One of the jurisprudentiallaws in law system of Islam is the fundamental and important ruleof negation authority.This rule is also one of the dominant principles of Islam in foreign policy as well as military, political, economic and cultural areas and on the other hand, the law is applicable in most chaptersof jurisprudence. In this paper, after justifying this ruleaccording to the explicit provisions and documents, this rule is used next to other reasons that why permanent and temporary marriage of Muslim man toa nonbeliever woman is unauthorized. Nowadays,by the promotion of culture and alteration of social conditions, time, place, customs and habits of people, the role of woman and influence of her thoughts and penetration of her ideas in family life and on her spouse and children is so obvious that no one can deny it. Also, there is no difference between permanent and temporary marriage regarding sexual intercourse, child birth and other interactions and the results are the same, becausealmost the child israised by the mother and is under the influence of her ideas,feelings and characteristics.So, the domination of nonbeliever mother on her Muslim child is a clear example which God has prohibited in the 141th versusof Nisa...

This research considers whenever husband's permission is necessary in Islam jurisprudence. There are many traditionsabout this subject. These traditionsexpress that woman is obliged to get permission from her husband to do some religious act recommended such as fasting, pilgrimage,Aitkafand other daily affairs such as leaving home, vow and so on.Therefore,it is necessary to examine the implications of the traditionsto clarify the extent of necessity of husband's permission. What is obtained from this tradition is that husband is the governor of wife regarding the issues related to the intercourse and can prohibit his wife from any act if it is in contrast with this right. Also, inferred from some traditions, it can be concluded that husband's permission in some actsis mandatory.