فصلنامه پژوهش های فقه و حقوق اسلامی
سال دهم شماره 1 (پیاپی 34، زمستان 1392)

We can search the subject of religious tax for bills in three chapters following of jurisprudence:1-religious tax of the property business 2- religious tax of gold coins and silver coins 3-judicial leader. In this article, it will be proved based on the second title namely religious tax of gold coins and silver coins and by this reason we discuss the six methods. Among the six methods, fifth and sixth are correct because of at the fifth reason I mean at the narrative of Mohammad Ibn Moslem we see the word and at the sixth reason we see some narrative such as narrative of Hassan Ibn Ali Ibn Vasha that proves the necessity of payment for it at every kind of money.

Normally, it is incorporated provisions during setting sale property promises that sometimes recognizing them is the origin of some differences among the contract parties and courts. Considering the fact that nowadays the main part of exchanges are occurred as credit, the seller of commodities suspend the termination of exchange with failure to pay the price in the text of contraction and or in its description section in order to escaping from the long process of trial and the enforcement of sentences. It is commonly interpreted as the termination spontaneous bets of the contract. There are doubts and criticisms about the nature and validity of such term. Regarding to that in jurisprudence writings and the legal works, it has not surveyed the nature of discussed assumption and drawbacks on it so much, in the present article while substantive reviewing of the above mentioned bets and responding to the criticisms said and comparing it with the similar institutions, its justification has been accepted in the form of pending the outcome of bets.

There are a lot of disagreement on validity of the pawning of bills. Some scholars consider it valid and some do not. The authors believe that we should refer to usage to find the definitions of the property and financial value of it since they are conventional expressions and no certain definitions of them can be found in legal texts. There are many evidences from the usage which prove that the bill is not considered simply some kind of document in usage but in fact some form of property and even material kind, since it is tangible, the bill may be named as material property. The authors view on the topic is that the definition of material property is logically the same as the definition of concrete object. Consequently, it may be said that the bill is a concrete object therefore its pawning must be considered valid. If some rational aim can be found for pawning of bills as in fact there are some, the pawning of it is valid otherwise not.

Net marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, first, it is tried to introduce this set of marketing and explain the differences between salubrious and insalubrious one, then examine the salubrious one from the Fegh’s view which has been less studied before, and after that to criticize and examine salubrious net marketing sort from the Fegh’ view. Finally, the assumption that salubrious net marketing is impeccable from the Fegh’s view and can be a sort of Reward contract, and that salubrious one has miscellaneous drawbacks and is sinful and forbidden activity is established, and these two net marketing is precisely analyzed a piece from our criminal law system’s view.

The Respect for property is one of the major objectives that the holy legislator imposes them in which the law does not respect property for them. The basic question is if Muslim travel to the country of disbeliever, is it possible to rub his possessives because there isn’t any respect for his possessives and seize his properties or can term less but only seize in possessives of Infidel Atheism. This research tries to study about Infidel Atheism and prove that the first principle in Islam is to respect the property of others expect the Infidel Atheism. But sure the hostile unbelievers are actually at war with Muslims and they are thinking of damage to Muslims. The author analyses this subject completely in this article.

Abortion is a major social problem in the present time. If pregnancy is life-threatening for mother or fetus, can abortion be allowed? Sunni Islamic jurisprudents have different opinions about abortion before breathing spirit, but all of them believe that it is normally unlawful after breathing the spirit. Imamiyeh Islamic jurisprudents believe that abortion without any reason is unlawful both before and after breathing the spirit. Most Islamic jurisprudents allow abortion before as well as after breathing the spirit if pregnancy is life-threatening for mother. If the fetus is malformed and its maintenance causes distress and constriction, some of the Sunni and Imamiyeh Islamic jurisprudents allow its abortion only before breathing the spirit.

Indemnification of perdition is important issue that recognized as basic and foundational stone of the civil responsibility; Although the essentiality of indemnification of the spiritual perdition, civil responsibility of law accordance, is common essentiality and it can extended to the family. But this law is not sufficient for indemnification of spousal spiritual perdition. Because of certainly it has spoken that people should accept indemnification of spiritual and materialist perdition, However, Strategies that adopted about indemnification of spousal spiritual perdition should be imposed in direction of honor the family, with this point that the nature of the family with other organic systems is different. This research is intended to answer to this question: Has the Iranian legal system a juridical capacity that consider to indemnification of spiritual perdition and indemnification ways in the statute? With review and contemplation in the jurisprudence bases, we can say that: indemnification of spousal spiritual perdition is possible; but unfortunately, existing assurances couldnt protect and keep family, because of this issue doesn’t known very well and most of time had minor and trivial point in some laws. So paying attention to it in spousal relationship is essential and important, because of with effective and useful strategies can enacted some laws that keep family nature and restore spousal perdition. Identify examples of spiritual perdition in spousal's spiritual rights and providing appropriate practical solutions with using juridical capacity to spiritual perdition in direction of protect the rights of spouses with the purpose of the family bonds and bases are Innovations of this essay.