فصلنامه پژوهش های فقه و حقوق اسلامی
سال ششم شماره 5 (پیاپی 21، پاییز 1389)

In the Islamic jurisprudence and thought, peace and peaceful life are as the most important principle in the international relations. Therefore, in the Islamic jurisprudence and law, permanent and temporary contracts are predicted to make peace and prevent conflict between Muslims and non-Muslims. Hence the title of this article is called legitimacy reasons of conflict stop.This article aims to stop conflict contract by using Quran and the practical ways of our prophet. This contract is one of the temporary contracts which is concluded by the leader of Muslims. In our contemporary international law, stopping conflict contract is concluded by the senior military commanders of both side. In contract conclusion it should be considered Muslim's interest too.

There is no doubt that the “fault” is the base of liability. So analyzing its concept and nature is very important. In Civil Code, Civil liability Act of Iran and Doctrine we can find some about the concept of fault. Its concept has a close relationship with “custom” and “usage” which differ from a community to another. In this article, the concept of fault in both types of liability (contractual and tort), with emphasizing on the advantages of contractual one, has been discussed.

Even though, the divine religions are aligned and have the same foundations, different understandings of their instructions result incomplete fulfillment of the previous prophet's objectives. This has also happened in Islam due to different understandings of its fellowships so it is important to highlight the common points of the religions.In this regard, jurisprudence commandments which have practical view and basically are based on tradition can be more considered.Since written hadiths in Shiite fourth principals and correctness of Sunites are so valid, they are referred in this research.Such a research has a vast domain and what has been brought here is a summary of mentioned objectives which is mainly as a scientific proximity of religions and considerations of all their trainings validity.

Mostanbetoll Elleh" is one of the controversial issues between Shia and Sunni. Sheikh Toussi knew "Mostanbetol Elleh" analogy invalid. He tried to explain Shia jurisprudence without it but this process make conflict.Ibn Edris, Mohaqeq Helli and Shahid Sani indicated some works of Sheikh Toussi are based on that analogy and Ibn Edris tried to defend Sheikh Toussi 's work. We should consider in those works and it is unlikely Sheikh Toussi acted in them.

Honor killing is not a phenomenon related to one or more specific countries or religions, however, it often occurs in countries with Muslim majority. Besides other factors affecting the occurrence of honor killings, criminal laws of a society can have significant effect on the community level. Determining the type and amount of punishment for honor killing perpetrators, the rate of population information about amnesty law, amnesty of slain' s parents and other factors can decrease the honor killings. Reviewing laws and regulations in our country can affect it too. On the other hand, jurisprudence sources related to honor killing subjects can be changed.

In recent decade, embryo donation has opened the new entry for infertile couples who have no hope about usual treatments such as drugs or surgical operations. In Iran after essential investigations specially after holding Legal Embryo Donation Seminar in 1377, the law of embryo donation has been approved.Article 3 of the aforesaid law recognized recipient couple's rights and duties and indicated some lineage effects(maintenance, gentry, alimony and respect), but it causes enigma about linage and other important problems such as inheritance, intimate and tutelage.This article considers and represents Jurists and lawyer's viewpoints about challenges of baby and family interest as well as legal shortage in this law.

Children are recognized as one of the weakest groups of the society in fulfilling their necessities including physical, emotional, and financial needs. At the same time, it is presumed that parents are the most capable individuals to protect the child, and therefore, they are considered legally responsible for that protection. However, it will be problematic to determine the responsible person or to choose an appropriate form of protection in case of divorce or death of one parent. The question then would be what is the criterion for such a decision? Traditional Islamic jurisprudence has recognized an objective test. Such an objective test, which most notably focuses on the child’s age and gender, does not necessarily guarantee the interests of the child, while the ultimate goal of the custody provisions in the jurisprudence is preserving the child’s best interests. The United Nation Convention on the Rights of the Child, on the other hand, puts the child’s interests at the first priority regarding all decisions made by the authorities related to any aspect of her/his life. In this article, the author discusses the fact that although the principle of deciding based on the best interests of the child has not been expressed by the Islamic jurists, it can be inferred from some of their reasoning. In fact, the subjective test that international documents have presented for deciding custody is convergent with the ultimate goal of the Islamic texts and principles.