فصلنامه پژوهش های فقه و حقوق اسلامی
سال نهم شماره 3 (پیاپی 32، تابستان 1392)

A person who sustains a loss can be corporal damage of a moral one. Corporal damage is divided into two kinds: A) to lose the existent property B) To strengthen the profit which is the same as bearing on interest, and it is known in law text as preventing to find a profit that its appropriate has already been obtained. There are different opinions among Islamic jurists and jurisprudents about damage of bearing on interest, and even, there exists this difference in the note 2, article 515 procedure law public and revolution courts in civil affairs and article 9 procedure law of public and revolution courts in penal affairs to the extend that it has caused to understand differently among jurists about this point that is has caused to understand differently among jurists about this point that article 9 has been abolished by article 15, but the reality is that note 2, article 515, is a probable negating no interest and not a certain one. Article 74, convention of 1980 confirms that the loss of bearing no interest which is certain, is demandable clearly.

Despite the Sunnites، jurists of Shiite have considered unanimity a reason due to its power of decoding the innocents saying، and therefore have counted it as a factor of tradition along with the Book and Wisdom as the ways of reaching true religious rules. The matter can decrease unanimity’s status - if ever being accepted- to a single narrator tradition and therefore can cause the invoking of such a reasoning to be confronted with some challenges، knowing for sure that the case of blood and soul are to be dealt with plenty of caution. It is tried in this article to introduce and discuss the issues based on unanimity though the criticism of invoking unanimity in deducting criminal precepts.

Accuracy rule is one of the most important items in the jurisprudence principles that has many usages and is used in all transactions(contracts and unilateral obligations), worships, speeches and beliefs. The accuracy rule is referred and used in the new and doubtable contracts such as conveyance of goodwill or key-money; purchase insurance, or transfer of copyright or editing that the public conditions and proofs are exist. This rule not only has been taken into consideration in the legislation area, individual and social rights but also has been confirmed and emphasized as a governing rule in the ethic, individual and social customs and manners. It affects on living problems of the people and even prevents from system difference, distress and constriction. Therefore, we see that it has a noticeable reflection on the regulations and laws. It should be added that this rule is supported and aided by all sources of Islamic laws(Quran, Tradition, Consensus and Wisdom). In this text it is tried to discuss more about this item(accuracy rule)in the law and especially its effects and reflection, because it has been discussed less than the other issues. We hope that we can step forward in this way.

One of the main issues that are considered judicially in the recent years is competence and incompetence of women adjudication responsibility. Most jurists accept the condition of being male to judge. But this is the issue that its dossier of scientific review is open based on standards of legal issues. In jurisprudence، most jurists adjudge that condition of judgeship is being male. Those jurists referred to Quran، Tradition، Consensus and Wisdom to confirm their viewpoints. But in jurisprudence، there is contrary viewpoint. It predicates women judgeship is absolutely prohibited unless under certain circumstances. In this article، the author analyses evidences of women judgeship prohibition. Here، all the talk I review is that there is no reason to prohibit absolutely women judgeship.

Limiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of Iran. Here, the issue of coming of age and being a responsible person in front of law, according to Quran verses is analyzed and compared with the legal and psychological opinions regarding the presented standards by the impeccable’s on puberty through verses in Quran specially the level of its comparison with puberty criterion and penal liability that exists in Iran which is implemented according to the ideological nature of religious laws in Iran.

Based on the fact that testimony is deposition of witnesses and aware without considering other reasons. Testimony has two kinds of rules: one of them is the essential one that relates to situation and circumstances of testimony and witnesses and the other kind is formal rule that expresses the procedures of listening to testimony. Searches of witness is a technical affair and its procedures are imposing the witnesses to court, testifying in the court, methods of accounting and comparing the signification of testimony, swearing witnesses and so on. The authors tried to study the procedures of listening to testimony and styles of its investigations.

Corruption as a social phenomenon of popular hatred is indecent and the laws of many countries impose criminal penalties for knowing it to have committed bribery. This question has been considered in this study fulfilled the bribery element within the material world is merely a creation? Such that a material element of the offense, the grant money and afford everything that is sweet but Spreader tangible in nature does not form? It is always possible to fulfill the traditional form? Or take the example of "munificence and condescension" and accept the phenomenon of "change instances of" cyber-space can be realized within the criminal corruption in the world today? The author has followed the recent theory accepted bribes First Virtual coordinates coincide and Distance second explained this phenomenon in both traditional and virtual space Count.