فصلنامه پژوهش های فقه و حقوق اسلامی
سال نهم شماره 2 (پیاپی 31، بهار 1392)

The purpose of this article is detailed review of “Man Haza Malek” rule. This rule can be considered as the toy of ownership in jurisprudence and law studies. In other words, anyone can capture one who is the owner. “Hiyazah” in Jurisprudence terms means "Domination on Something". It formed from 1.Action 2. Acquisition plans. So it can be achieved by two elements listed. In this article, the role of “Man Haza Malek” in all relevant respects is considered. This has its rules, consequences and conditions, so in this article all of them are checked according to jurisprudence and law studies. The author has tried to mention those lawful property that come into possession by “Hiyazah”.

Human community progress, population growth, lack of susceptible lands for building(constructing)residential religion without any aggression to nonresidential areas and without any land use change in pilgrimage and tourist places, reduction of ready money and buy power among populace, are all factors that have lead authorities to utilize new established legal constituent of time ownership as a solution for these problems and bound it to time factor for the purpose of getting best results. For this reason and due to the necessity of explaining this kind of possession principals in Iran's law, primary concepts and components of this legal constituent (organization) were investigated in this survey and then they were conformed with current legal principals in our country and also to holy legislator (lawgiver)'s instructions. For this purpose, the pros and cons were presented and compared. The results implied that, to some extent, the way for accepting this new legal establishment in Iran is open; because not only opponents have no convincing reasons for their pretensions but also there are some instances of these kind of limitation in common transactions and Islamic contacts. Mentioned reasons and also advantages of this legal establishment, obliged researcher (writer) to present legitimate and theoretic justification for existence of this organization, so different approach for access to these subjects in Iran's law and jurisprudence were investigated. It must be confessed that the main solution for this problem is to approve and execute particular laws and regulations of this kind of possession and it wont obtain without outstanding lawyer's cooperation and rewriting enacted laws.

Although Imamiyeh Islamic jurists have discussed in detail the requirements and rules of the testifying, believed to be the most elemental positive evidences as well as the limits and discretionary punishments, in some instances such as non-acceptance of testimonials made by undiscerning minors and acceptance of testimonials borne in infancy, in adulthood there is undivided opinion or even consensus that under the current Iranian law, there has been no specific reference made to the above issues. For this reason, a variety of arguments and reasoning on acceptance or non-acceptance of the minor’s testimonial have arisen. By exploring the views of Imamiyeh Islamic jurists, analyzing the legal provisions in particular, this essay seeks to study and compare legally enforceable decisions within the context of the current Iranian law regarding the minor’s testimonials and their juridical value.

In the legal process of treatment, there is concern about the interaction of law and medicine. The purpose of this study is to clarify the status of legal entity liberation before relying on questions such as: (a physician with regard to the founder as a person knows beneficent and honest people, the physician of the patient's satisfaction receiving and using the knowledge to treat the sick and the damage he caused to the time the guarantee is if the patient's medical damages, the acquit from obligation, seductive physician will go?), Methods relating to the liberation is to be reasonable and consistent with community needs and with regard to patient and physician rights and justice, forensic medicine, effective steps should be taken to solve the dilemma facing the medical community.

Specifying the limits of divine laws and principles, with respect to knowledge or ignorance, is one of the accessories of legislation and a fundamental issue about the validity and the ideas of legislators. The present issue, called the commonality of knower and ignorant in Islamic law, along with the issues of validity, has been presented concisely in Islamic texts, but regarding its content and concepts it was present extensively in Islamic texts and shrewdly discussed by Islamic lawyers and jurists, and by dividing the issue of commonalities of principles into true and apparent principles and studying the issue of ignorance about these principles, they started to exchange their views. In this article, investigating these opinions through the study of the effects of knowledge and ignorance in true and apparent principles and presenting logical and quoted reasons, we have shown that in real principles(which are gained through absolute reasons like frequent quotations and Quranic texts, or suspected reasons like quotations and appearance of Quran)God has made rules regarding good and evil deeds and they are not changeable and in fact they have been created observing the good and evil and the assigned knowledge and ignorance have no function in its creation. and all followers are obliged to obey them forever, like saying the prayers and avoiding alcoholic drinks. As for apparent principles, the current duty of followers is to follow the current principle until the true principle is discovered. It is concluded that true principle are absolute, that is they must not be violated under any condition, but apparent principles are confined to knowledge or ignorance.

Necessary murder was not discussed specially among Jurists, but some of them debated to this subject, among are Jurisprudential issues for the commission of murder and they said necessity isn’t license to commit murder. Their main reason is Rule of La Taghiyeh Fi Dema. However, they accepted to this general rule and in some cases, they allowed murder committed in necessary condition. One of these exceptional required the general conditions that among them we can pointed to the certainly death danger for person in necessary condition, person in necessary condition doesn’t has out law (Yaghi and Baghi), the murder commission was permitted until existence of necessary condition. Cases that necessary murder is authorized consisted of: 1- murder as necessity to food belonging to another person. 2- Necessity for killing fetus that has Soul. 3- Duress to murder. 4 Necessary murder in contention duties at crowd out important 5- Necessary murder for protecting of important person’s life. In this article, we tried to making clear every one of mentioned above cases with leaning on the religious jurisprudence texts.

It is clear that one hasnt decision to stay in a place for ten days‚ his prayer is fraction (Qhāsr). But in this subject is exception for example praying in Quadruplet Holy stead (Mākah‚ Mādinah‚ Māsjїd Kūfah‚ Haїr Hosein) ‚ that in this occasion was very logical debating. Wherever the words of Shiite Jurists in this subject is diverse so were studied the ambiguous words in this article. Undauntedly the fountain of those differences in verdicts of jurists in those subjects is in the variation of deduction from stories & proofs. The verdicts of jurists were cleaved to three groups. Some of them were believed to fraction of prayer & the other group was believed to end of prayer & the tertiary group was believe to option & rather to end of prayer in those places. So the opinions of any groups were culled after the study visionary deeds.

Nowadays, with progress in Genetics and Embryology, utilize Alternate womb(imitation mother or rental womb) has been ordinary business specially on poor countries. Therefore lawyers studied and considered it from different aspects to response juridical and legal questions that debate about it. In this article, we consider parentage of born baby with this method and discuss about its legal and lawful aspects such as intimate, preserver and guardian, heredity, compulsory mandatory and talk about respected position of baby in family. It seems lawyers have been able to answer questions using Islam doctrine and tenet, totality, custom indicator and scales, family expedient and baby expedient.