سید مهدی میرداداشی

The legal landscape of Islamic jurisprudence (Fiqh) presents a nuanced and multifaceted approach to governance, particularly concerning the authority and actions of Islamic rulers. Among these, the concept of the "writing [Ketabat] of the Islamic ruler over the judge" holds a distinctive place. Rooted in both Shia and Sunni jurisprudence, this concept pertains to the Islamic ruler's capacity to influence judicial decisions, including acts such as pardoning or mitigating the punishments of those convicted by the courts. Despite its foundational presence in classical jurisprudential texts, contemporary legal systems in Islamic countries often lack explicit integration of these principles, resulting in a research gap that this study seeks to address. By utilizing a doctrinal approach and examining a broad spectrum of works by both Shia and Sunni jurists, this study aims to elucidate the nature of these judicial acts and explore their potential applications and validations within modern legal frameworks.
     The concept of the "writing of the ruler over the judge" has been sporadically discussed in jurisprudential literature, yet its application in contemporary legal systems remains ambiguous. This ambiguity is particularly evident in the legislative frameworks of Islamic countries, where the practice has not been clearly codified. However, practical instances, such as the practice in Iran where the leader exercises the power to pardon or reduce sentences, demonstrate an ongoing relevance and application of these principles. By systematically analyzing the historical and jurisprudential foundations of this practice, alongside the documented actions of key Islamic figures such as the Holy Prophet (peace be upon him) and Imam Ali (peace be upon him), this study aims to offer new insights and guidelines that could enhance judicial practices in Islamic countries.

The primary research question guiding this study is: How can the concept of the "writing of the Islamic ruler over the judge," as understood in Shia and Sunni jurisprudence, be validated and integrated into contemporary legal systems of Islamic countries? This question addresses the core issue of aligning historical jurisprudential practices with modern judicial frameworks, aiming to bridge the gap between classical Islamic legal theory and current legal practices.
     Secondary questions include:     What are the specific jurisprudential foundations and historical precedents for the "writing of the ruler over the judge" in Shia and Sunni traditions?
     How do current practices in Islamic countries, such as the issuance of pardons by the leader of Iran, align with or diverge from these jurisprudential foundations?
     What are the potential legal and procedural frameworks that could be developed to incorporate these practices into contemporary judicial systems?

The hypothesis of this study is that the principles underlying the "writing of the Islamic ruler over the judge" in both Shia and Sunni jurisprudence can be systematically validated and adapted to fit within the legislative and judicial frameworks of contemporary Islamic countries. This adaptation could not only preserve the historical and religious integrity of these practices but also enhance the quality and fairness of judicial processes.

This study adopts a doctrinal research methodology, primarily focusing on the analysis of primary and secondary legal sources within Islamic jurisprudence. The methodological framework encompasses several key components:     Literature Review: An extensive review of classical and contemporary works by Shia and Sunni jurists will be conducted. This review will identify the foundational texts and key juristic opinions regarding the "writing of the ruler over the judge."
     Comparative Analysis: The study will employ a comparative approach to analyze the differences and similarities in how Shia and Sunni traditions address this concept. This will include examining historical practices, documented cases, and theoretical discussions.
     The combination of these methodological components aims to create a comprehensive understanding of the "writing of the Islamic ruler over the judge," bridging the historical jurisprudential theories with contemporary legal practices. The ultimate goal is to provide a detailed and actionable framework that Islamic countries can adopt to enhance their judicial systems in alignment with their religious and legal traditions.

This study meticulously explored the validation of judicial acts by the Islamic ruler, specifically the "writing [Ketabat] of the Islamic ruler over the judge," within the frameworks of Shia and Sunni jurisprudence. Through an extensive comparative analysis, several key findings emerged, shedding light on the theoretical underpinnings and practical implications of this jurisprudential concept.
     Firstly, the study revealed that both Shia and Sunni traditions recognize the hierarchical structure of judicial authority, where a higher authority, such as a city judge, can influence the decisions of a lower authority, such as a village judge. This concept extends to the Islamic ruler's ability to issue pardons or mitigate punishments, reflecting a broader principle of higher authority's dominance over lower authority in judicial matters. However, the explicit integration of this principle into contemporary legal systems of Islamic countries remains notably absent.
     In Shia jurisprudence, particularly within the legal system of Iran, the continuity of judicial guardianship is emphasized. The guardianship of the judge over the plaintiff and defendant continues under the overarching guardianship of the Islamic ruler. This continuity is crucial in validating the ruler's judicial acts, such as issuing pardons or authorizing Qisas (retributive justice). The necessity of the ruler's permission for executing certain judicial acts and the obligatory adherence to the ruler's directives underscore the significance of maintaining judicial independence while recognizing the ruler's authority. The validation model proposed here implies that judicial orders issued by the ruler retain their validity even after the ruler's death or dismissal, akin to the permanence of a judge's order over another judge.
     Contrastingly, the study highlighted that in matters of governmental authority, the cessation of the ruler's power could lead to the nullification of such orders, raising concerns about the implications for affected individuals. According to the theory of governmental jurisprudence, compensation for damages incurred due to judicial rulings is not accommodated, reflecting a limitation in addressing governance and public order issues.
     In Sunni jurisprudence, different schools of thought provide varied approaches to validating the ruler's writing over the judge. Maliki and Hanafi jurists generally accept the ruler's writing within the context of local authority, emphasizing mandatory adherence if the writing falls within the receiving judge's jurisdiction. Justice is not a prerequisite for the validity of such writings, as they do not consider the ruler's lack of justice (unjust behavior) as a cause for nullification. Shafi'i jurists also accept this concept, provided it is from a higher to a lower authority, while Hanbali jurists mandate adherence if the directive comes from a higher to a lower authority.
     The discussion highlighted that the judicial authority of the Islamic ruler, as accepted in both Shia and Sunni jurisprudence, revolves around the dominance of higher over lower authority and the obligation of appointed judges to follow the appointing authority or the Imam. This distinction between judicial and governmental authority is pivotal, emphasizing the need for separate clarifications regarding the rulings issued by the ruler in judicial contexts.

The comparative analysis of Shia and Sunni jurisprudence on the "writing of the Islamic ruler over the judge" underscores the nuanced understanding and application of judicial authority within Islamic legal traditions. The study elucidates the theoretical foundations and practical implications of this concept, emphasizing the importance of higher authority in judicial matters.
     In Shia jurisprudence, particularly within Iran's legal system, the continuity of judicial guardianship under the Islamic ruler's authority is crucial. This model ensures the validity of judicial acts, such as pardons and authorizations for Qisas, while maintaining the independence of judicial powers. The permanence of judicial orders, even after the ruler's death or dismissal, reflects the enduring nature of judicial authority.
     In Sunni jurisprudence, the acceptance of the ruler's writing varies across different schools. Maliki and Hanafi jurists emphasize local authority and mandatory adherence within the jurisdiction, while Shafi'i and Hanbali jurists recognize the hierarchical structure from higher to lower authority.
     The study concludes that the integration of the "writing of the ruler over the judge" into contemporary legal systems of Islamic countries requires careful consideration of the distinctions between judicial and governmental authority. Clear guidelines and frameworks are essential to validate and implement these judicial acts effectively, ensuring the alignment of historical jurisprudential principles with modern legal practices.
     By addressing these issues, the study provides a comprehensive understanding of the judicial authority of the Islamic ruler and offers practical insights for enhancing the quality and fairness of judicial processes in Islamic countries. This distinction between judicial and governmental authority is crucial for maintaining the integrity of legal systems and ensuring justice for all individuals within these frameworks.

Regarding the entitlement to equivalent compensation for wet nurses, some jurists assert that no such compensation is due, arguing that the husband’s provision of maintenance implies his ownership of all benefits from the wife, including enjoyment and nursing. Additionally, it is noted that what typically occurs in family practices is a "reciprocal favor," and if compensation is to be claimed, the husband must also seek remuneration for any favors exceeding his duties. Therefore, it seems that the only means of compensating the wet nurse would be through her rental, yet proponents of non-entitlement argue that there remains no subject for leasing in the lease of the wife, as she has been given in enjoyment once through the dowry and again in obedience through maintenance. Consequently, renting the mother would also be impossible. However, upon examining this viewpoint, it should be stated that there is no necessary connection between providing maintenance and the non-obligation to pay other compensations, and there is no justification for extending this ownership to all benefits. Nursing is an independent benefit; therefore, those who argue for entitlement see it as possible under certain conditions. Conversely, some have challenged the conditions for the wet nurse's eligibility for equivalent compensation, deeming it unfeasible. However, research findings indicate that the wet nurse, under the condition of "no donation," despite appearing to breastfeed her child out of love rather than for remuneration, still aligns with the initial condition of non-donation. In relation to the "husband's command," although the husband typically does not give an imperative order, it seems that the intended command is not necessarily strict and also includes requests; thus, the wet nurse meets the second condition. Regarding the third condition, "no obligation to act," reference to Article 1176, which states that breastfeeding is not obligatory for the mother except in specific cases, indicates that this condition applies to the wet nurse. Therefore, upon the fulfillment of these three conditions, the possibility of claiming equivalent compensation for the wet nurse will be established.

In accordance with the progress of the tourism industry in the world, it is necessary to discuss the legal issues related to the tourism industry, especially the issue of civil responsibility. The purpose of this article is research on the challenges of the civil responsibility of tourist guides and the technical director of the tourism services office and a comparative study with French law. The working method in this article was descriptive, analytical and comparative. The method of data collection in this article was a library and the data collection tool was data collection and translation. The comparative method was also used to analyze the data. In the French tourism law, civil responsibility is placed on the shoulders of the tourist service office, and by focusing on the contract between the tourist and the service office, the responsibility of paying any kind of damage caused by the non-fulfillment of the contract is placed on the tourist service office. In France, the tourist guide is not directly responsible for the damage caused to the traveler, and there is no technical manager position as prescribed in Iran, and the technical responsibilities are with the tourism service office. In Iranian law, there is a possibility of establishing the civil responsibility for damage to the tourist on the responsibility of the technical manager and tourist guide, which is considered a legal challenge for these two professions. The result of this research is that the establishment of civil responsibility on the responsibility of the technical manager and tourism guide is one of the legal obstacles to creating value in the supply chain of tourism services. The most important proposal of this research is to remove the position of technical manager and transfer the legal responsibilities of this position to the tourism service office, as well as legislation regarding the direct responsibility of the service office to the tourist and the lack of responsibility of the tourist guide to the tourist, and as a result, creating value in the supply chain of tourism services.

Attracting foreign investment is one of the best ways to benefit from foreign financial resources. Considering dual and proportionate methods to resolve legal and criminal lawsuits resulting from foreign investment is one of the most important incentives for attracting foreign investment. It is considered a foreign investment. By looking at the related jurisprudence, one can look for traces of these dual criminal and non-criminal methods, the most important of which is the standard of fair behavior and recourse to arbitration. Regarding the standard of fair treatment, in addition to rationality and its approval from the point of view of Shariah standards, it should be said that this criterion is used in the settlement of legal disputes and criminal lawsuits caused by foreign investment. behaving within the framework of the law, avoiding arbitrary actions, paying attention to the expectations of the investor and maintaining legal stability are among the most important applications of this criterion in the settlement of legal disputes and paying attention to the principles of fair criminal proceedings, the most important application of this criterion in the decision of criminal lawsuits. In relation to the method of arbitration, in addition to the generality of Sharia evidence, its application in legal claims is faced with challenges such as obstacles in the legal system of the host country, parallel proceedings and lack of coordination in the decisions, and in claims In criminal cases, most countries avoid resorting to this method and consider it as a supplementary restorative strategy; Although the balancing role of arbitration in this field is very important.

The freedom of will in football contracts, similar to other contracts with distinct characteristics, is not absolute. In addition to general restrictive rules, the International Federation of Association Football (FIFA) has also imposed limitations on such contracts. This article delves into examining the position of the parties' free will in football employment contracts. This research was done using descriptive analytical method. The predefined conditions in football contracts should not be merely considered ceremonial formalities; the objective of including such conditions is to establish contractual balance without interference from FIFA or the federation. If these regulations oppose the mandatory rules of a country, a judge may refrain from enforcing them based on the mandatory rules or laws related to public order. However, the primary challenge lies in the fact that football contracts benefit from their own enforcement mechanism, and generally, such disputes are not referred to public courts. The overarching approach is that no rule or provision should unduly restrict the parties' contractual will, and the principle of contractual freedom in football employment contracts, like other contracts, should be considered by the parties as a fundamental principle. Therefore, the parties' will enjoys legal validity as long as it does not contradict FIFA's mandatory rules, the mandatory rules of the country, or unilateral conditions against contractual goodwill.

The issue of the effect of simultaneous death and dismissal on the judge in judicial representation and the execution of the issued judgments is one of the topics that has not been determined in the law and no specific procedure has been found in this matter. On the other hand, the said issue is discussed in jurisprudence, and because of that, there is no room for ijtihad or current practice. Therefore, by prescribing the principle of 167 Q.A. and Article 3 of Q.A.D.M. The descriptions mentioned for it have been analyzed and answered in Imamiyyah and Sunni jurisprudence with a comparative approach. In Imamiyyah, the death and dismissal of the judge of the scribe before reaching receiver, assuming the intention of the book, considers the receiver to be taken from it. However, the transgression of the scriber before reaching the written form is a sign that the transgression is connected to the written form, and therefore it is not permissible to act on it, while changing the state of the written form is not considered effective in the judicial representation and execution of judgments. Two types of theories have been presented in Sunni. In Hanafi jurisprudence, before receiving the book from the scriber, not only the transgression, but also the death and dismissal of the scriber and the receiver, even if it has left the scriber's hand, are considered the cause of its invalidity. In Maliki's jurisprudence, although they do not consider it to be a wide range of subjects and consider it to include all subjects, including the rights of God and the rights of people, any loss of the conditions of a judge or his death and dismissal, whether as a scriber or a receiver, is considered a cause of invalidity of the judge's scribe. Therefore, in Maliki jurisprudence, the reputation is in the lack of difference in the loss of conditions regarding the scriber or the receiver. In the famous Shafi'i jurisprudence, they consider the lack of effect of death, removal, and corruption of the scribe or scribe and consider more validity for the judge's scribe and its imposed appearance. According to Hanbali, the death and dismissal of the scriber and the receiver after leaving the scribe's place, is considered to be the place of execution and enforcement.

In the context of legal interpretation, there is a potential for the misuse of rights during their exercise, leading to outcomes contrary to the legislator's intent or societal interests. This study focuses on articulating this issue as a general rule in civil law and aims to establish criteria for the misuse of rights and legal measures to prevent their harmful exercise.

The method of studying and gathering information and research findings is descriptive.

Ethical Considerations: 

All ethical principles governing research have been observed in the presentation of this article.

The principle of abuse of rights is not confined to specific areas like contract law or property relations but is relevant across various legal domains, including family law, patent rights, and international arbitration. The potential for deviation from original objectives arises wherever the application of a legal rule depends on individual will and discretion.

In Iranian civil law, the lack of clear criteria for identifying abuse of rights and intent to harm results in indeterminate boundaries for ascertaining rights. However, a review of judicial practices in France shows that French courts have expanded the control of rights and the prevention of their abuse beyond mere intent to harm. This has led to a trend advocating caution in the exercise of rights and recognizing abuse as a basis for liability.

Citizenship rights, including nascent rights specific to modern times, entail their distinctive mechanisms. Freedom and social justice constitute the essence of citizenship rights, laying the groundwork for the constraint of governmental power. Authoritarian governments prioritize the establishment of order, whereas democratic governments allocate precedence to social justice. Among these doctrines, the principles of citizenship rights in economic affairs are explored within this study, drawing from the Quran, particularly focusing on the Quranic principles governing citizenship rights in economic matters. Principles such as economic faith and piety, economic security, economic management, economic justice, economic amnesty, economic management of social provisioning, wealth circulation, poverty alleviation, etc. are extracted from the Quran. Each of these principles is subjected to descriptive and analytical methods, explication, and critical inquiry. Like other Quranic teachings, these principles encompass all dimensions of human life. The sustainability and continuity of society hinge upon the presence of a dynamic and progressive economy, as the Almighty God has endowed economic activities as the foundation of societal resilience, which will exert substantial influence across other domains.

The ability of the organization to maintain its survival and adaptation to the environment is a key capability whose results have been studied in various studies. This study aimed to systematically and comprehensively study the results of these studies and to identify the causal relationships between them.

This is descriptive, applied and quantitative research. In the present study, the consequences of organizational health were first identified and extracted from 28 articles published in scientific research journals from 2008 to 2019 by meta-analysis method. In the next step, the mentioned results were determined using the structural interpretive modelling technique and based on the opinions of 12 faculty members of Shahid Sattari Aeronautical University, ranking and modelling the relations between them.

According to the research findings, Organizational health had a significant effect size on all 20 outcomes studied. These outcomes were classified into three categories with high, medium and low effect sizes. Among these, the highest effect was related to the variables of human resource productivity, employee creativity, organizational effectiveness, job attachment, organizational citizenship behaviour, organizational entrepreneurship and employee empowerment, respectively. In addition, causal relationships between these factors were also shown at four levels, so that employee empowerment has the most impact and organizational effectiveness has the most impact.

Managers' efforts to promote organizational health will lead to a chain of constructive human and organizational achievements that can strengthen each other to provide a facilitating environment for the sustainable productivity of organizations.

The first question that comes to mind about a contract is the reason for concluding it. Numerous reasons can be counted, such as renting housing for housing or providing food to meet your basic needs. We may also pursue the intention of buying a product as a gift to someone else or renting a place because we want to live in the presence of a certain person. We identify the first category as primary and main aspects and the second category are in the form of personal and indirect aspects. The direction in the civil law of Iran and France is mentioned as one of the conditions in the formation of the legal nature of the contract, but its meaning is ambiguous and its effect in comparison with other conditions is questionable. In recent French law it has been omitted as a condition. In this article, with a descriptive and analytical method, we have tried to examine the impact of this change on Iranian law, especially since civil law is inspired by French law on the one hand and is faithful to the principles and foundations of Imami jurisprudence on the other.

The Bonded Goods is legal situation of the commercial goods which is purchased with the cash or credit of bank and is pawned in beneficiary of bank behalf to security the repayment of customer's debt or good performance of his obligations, and that is different from mortgage. The main problem is challenges arising from conservation the goods in private warehouse; because endorsing the private warehouse receipt will be weak security. Background on the scope of bonded goods has no specific research. Ambiguity in the legal nature of bonded goods and differences between the bank and customer and different perceptions of this kind of pledge, made it necessity to conduct research. The objectives of this study are to prevent dispute between bank and customer and reduce the claims.
These are descriptive article so that analysis of the subject and resolving the issue are done with theoretical reasoning.
Ethical consideration: in this article, the authenticity of the texts, honesty and trustworthiness are observed.
The separation between the legal foundations of civil security and commercial security so that possibility of pledging the commercial goods near the private warehouse by including the trusteeship clause, to compensate for the weakness of the security of the bonded goods in the presumption of the problem, is an aspect of innovation and research findings.
The result of research indicates that legal nature of the bonded goods in Iranian law is special pledge that based on the principles of commercial security and in English law it’s nature is often considered equitable mortgage.
Keyword: Security, Pledge, Facility Contracts, Promissory Contracts, Goods in Bond.

Considering the unique role of foreign investment in the process of economic growth and development of countries in recent decades, the importance of an efficient legal system in order to support it becomes more and more apparent. Considering the possibility of partiality in national courts in order to settle disputes caused by foreign investment, in most treaties and investment contracts, the tendency to arbitration mechanism is noticeable. The descriptive-analytical study of the arbitration proceedings in the above-mentioned issue shows that arbitration alone is not sufficient for the efficient and fair settlement of claims arising from foreign investment and requires substantive and formal requirements. Compliance with the minimum standard (in the treatment of foreigners) and compliance with the principle of proportionality is one of the most important substantive requirements, and avoiding parallel proceedings and preventing fictitious lawsuits can also be considered as one of the most important formal requirements that must be observed by the institutions and the court. Arbitration proceedings at different domestic and international levels will have a significant contribution to the fairness of arbitration proceedings and, as a result, the efficiency of the legal system in order to support foreign investment. It seems that despite the increasing desire for arbitration mechanism in foreign investment treaties and agreements, a significant consensus regarding its requirements has not been formed at the regional and international level.

The role of will in the creation of obligations and the determination of their boundaries and effects is evident for all. Traditionally, it has been debated whether the concordance of wills does lead to the creation of obligations? In other words, are two persons need primarily to create an obligation or a single will can create an obligation against him/herself? This question arises for this fact that obligation was understood as the legal relationship between two persons. The advocates of the classical theory have always criticized the theory of unilateral will as the source of obligation; the criticisms which are often answered by the advocates of the mentioned view. In its recent amendments and in particular Article 1-1100 of the French Civil Code, the French Legislature has recognized legal acts arising from unilateral will. There are disagreements in the Law of Iran; some have completely rejected this view and others have accepted it. As regards the nature of this obligation, some consider it as a directive unilateral act and others, invoking the theory of exhaustivity of contracts and unilateral acts, maintain that this view can be accepted as a general theory. This study is conducted through a descriptive-analytic method and aims at examining the creative power of unilateral act as the source of obligation in law of Iran and the French law.

The family is the fundamental unit of every society, which is considered the foundation of human society and the main center of growth and excellence of people, but like any other institution, it may be affected by fluctuations, conflicts and differences, which should be tried according to its special position. That these disputes be resolved in a way that does not harm the valuable position of the family and the moral rules governing it.

The present research was carried out using a descriptive and analytical method.

Among the challenges of the arbitration institution in preventing family lawsuits are the lack of specialization of arbitration in the field of family disputes, the judiciary as the main authority for dealing with family disputes, lack of attention to the efficiency of popular institutions, lack of The special procedure and the non-use of arbitrators who do not have full knowledge of the family disputes of the parties can be mentioned. Referring family lawsuits to arbitration is a preventive institution to prevent the escalation of disputes and sometimes the separation of couples from each other. In the resolution of family disputes, it is very important to preserve the dignity and sanctity of the family and prevent the sanctity of this holy institution from being broken. Therefore, o possible within the family environment and prevent these disputes from spreading outside the environment. The family should refuse, which itself causes more differences and makes the way back more difficult.

A family dispute is a legal action resulting from unresolved disputes between members of a family, which begins with a petition. This research aims to analyze women's experiences based on a semi-structured interview with women referring to the family court (22 samples from Kerman city) and with thematic analysis technique, and to answer the question that "women in the family litigation process with What quality do they experience the common approach in civil procedure law?"Based on the findings of the research, women's experiences in the judicial process take place on two levels, individual and structural. At the micro level, women's experiences in relation to activists are formed, which was formulated under the main category of "individual level". Another main category was called "structural level", which includes women's experiences of the existing laws and structures in the family litigation system in Iran. In this, the structural level is considered the most important category. The result of this research is that in Iran's legal system, there are shortcomings and ambiguities in the scope of the content of the laws and the implementation of court decisions based on the common approach of civil proceedings, which shows the intensification of hostilities by referring the family to the court, and it is necessary to reconsider this matter. to be

The family is the fundamental unit of any society, which is the foundation of human society and the main center of growth and excellence of individuals. But like any other institution, it may be affected by fluctuations, conflicts and disputes, which due to its special position should try to resolve these disputes in a way that does not harm the valuable position of the family and the moral rules that govern it. . The present study was conducted by descriptive and analytical methods.Findings and The use of out-of-court dispute resolution methods with the focus on arbitration or a combination of these methods with the judicial system (courts) can provide more protection than the judicial system only for the family with And by using the rules and regulations in the international arena, including the models of optimization of the arbitration institution, which are expressed by UNCITRAL and have been evaluated and carefully evaluated in order to make the arbitration institution more efficient, and their localization and adaptation to Domestic culture implemented the best and most efficient arbitration body in resolving family disputes. In addition to benefiting from this valuable and efficient institution, he used other institutions such as family counselors and social workers to root out the differences between couples, their pathology, and to treat and correct abnormal social practices.

The fair remuneration of wife's work at home is recognized as one of his financial rights in the Afghanistan laws and can be claimed under certain conditions. The current research by descriptive-analytical method analyzes the concept, its legal basis, conditions and performance guarantees of wives' wages and concludes that some of its conditions; Such as the condition of "order" of the husband and "no intention to donate" is in such a way that proving it is very difficult due to the special features of cohabitation and actually leads to the deprivation of women of this right, and in order to facilitate this, an alternative offer has been proposed. Moreover, according to the law of "personal status of Shiites", the fair remuneration in terms of time can be claimed only "after" the divorce or death of the husband, while this restriction does not be defended and supported by jurisprudential rules and principles and seems to need to be revised and amended.

Due to the shortage of manpower, many non-governmental schools in Iran have been forced to enter into educational contracts with various individuals - as temporary workers. While contracts are mostly short-lived, many employers take advantage of employees' effective and creative unilateral will by setting imposed terms. Given the importance of this issue from a legal perspective, the purpose of study is a comparative study of educational contracts with regard to the role of effective and creative unilateral will of one of the parties to the contract in the legal system of Iran and France. The method of the present study is qualitatively comparative and the documentary method was used to collect data. Findings show that in both legal systems, the creative and effective will of the parties to the contract is acceptable. Also, in France, this will is subject to the contract and consent, while in Iran, the contract is sufficient for a judge to vote. Another finding of the research reveals that when there is a dispute between the parties to the contract, in both countries, the main emphasis of the judge is to make a decision to refer to the inner will of the individual. However, in France, the obligor has the right to cancel unilateral obligations based on his creative and effective will during the term of the contract, while in the Iran’s legal system this is not possible. According these findings, it seems that the Iran legal system mainly votes in favor of educational employers. Therefore, it is suggested that the Iranian legislators - according to the economic conditions of the society and experiences of the French legal system - to amend the laws related to unilateral obligations in relationship between the employer and the educational staff.

Although there was a consensus on the permission of temporary marriage the beginning of Islam, Sunni jurisprudence, believing the prohibition of it by the Qur'an, the Prophet and the emphasis of the second caliph on it, is considered an illegitimate marriage. However, since the issuance of this sanction by the Qur'an and the Holy Prophet is doubtful, but the very issuance of the sanction by the second caliph is certain and agreed upon by the two sects, order to examine the principles of the sanction and contrary to Sunni scholars, expediency is very reliable and the sanctions imposed will not be valid for any time and place. Thus, the theory of absolute boycott of intermittent marriage will be incorrect. Imami jurisprudence, the analysis of this marriage is based on the definite precedent of its ablution, the validity of the sanctity of the sanction, and finally the advice of the Imams to perform it, and thus the removal of doubt in the sanction and the certainty of its immorality. However, contrary to the ruling attributed to Imami jurisprudence, is absolutely absurd, but it does not have this ruling in terms of examining the basics, and according to the requirements of time and place, includes five rules. Thus, terms of analysis and research in basics, and contrary to popular belief, seems that the two parties have a common denominator the absence of absolute sanctions and the absolute absence of this type of marriage. this research, the research method is analytical and descriptive

The General Legal Department of the Judiciary has been asked about the number and differences of witnesses in hearsay evidence as well as their gender.  In the advisory theory No. 1750/93/7 - 20/10/2014, the proposed answer has created the suspicion that the witnesses are different and the replacement of the mediating witness regarding their number.The answers to the questions mentioned in jurisprudence are discussed by jurists who have tried to provide answers by analyzing the nature of hearsay. Due to the lack of an explicit legal text in this regard and the ambiguity of the legislative language in Articles 188 and Note 1, 189 and 199 of the Islamic Penal Code and Article 231 of the Code of Civil Procedure, the task of seeking the true purpose of the legislator following Article 167 of the Law There is a basic.By analyzing the descriptions mentioned in Islamic jurisprudence, the hesitation of the jurists' words and the disobedience of the work to the basis became more apparent. Therefore, considering the reputation of thework mentioned in jurisprudence about the need for two people to hearsay, it is believed that a method should be chosen so that it can be consistent with the work.Therefore, among the mentioned principles, the positive nature of hearsay evidence leads us to the goal.

The appearance of the legislator's speech in Article 189 of the Islamic Penal Code regarding the non-proof of punishment for attributing adultery to someone with secondary testimony (hearsay evidence) is in conflict with the basis mentioned in Article 255 of the Islamic Penal Code and has created suspicion of non-proof of punishment for attributing adultery to someone with secondary testimony. This is while the fundamental conflict between the mentioned laws and the absoluteness of Article 231 of the Code of Civil Procedure along with what is Shiite and Sunni jurisprudence, including the necessity of proving claims, preventing the closure of rulings, preferring the aspect of human rights and also, the similarity of the appearance of Article 231 with Article 153 of the former Penal Code has been precaution in a descriptive-analytical manner. The approach of jurisprudential and legal principles leads us to the effect of hearsay evidence and proving punishment for attributing adultery to someone with it along with extinguishing the prescribed punishment, which is the preferred theory of this research. Therefore, amendment of Articles 255 and 189 BC is proposed.

In response to the question of whether relinquish rescuing Another Life would result tortious liability, there is Different views among legal writers. Believers of tort Liability have expressed four reasons: 1- fault of the abandoner  2- leaving  of the duty 3- relation between Criminal responsibility and tort liability  4- Preventing from getting the right. In this article, after explaining the viewpoints, it has proved that relinquish rescuing another life does not cause tortious liability and the conduct of the abandoner is not included to article 295 of the islamic Penal Code.  In fact, leaving one's life saved is simply a matter of dignity and no guarantee.

One of the social institutions that is always affected by the transformation of societies is the family institution, the growth and development of communication can affect its various dimensions, including the type of family disputes, or change their nature, and as a result, changes in dispute resolution systems will be inevitable. . Now, this change does not mean changing the governing rules and regulations, but sometimes using old models or neglected existing facilities can work.Reducing the process of dealing with disputes and lawsuits in Iran's judicial system has always been one of the concerns of the officials of the judicial system. On the other hand, promoting peace and compromise by using a legal and of course completely rational potential is one of the solutions that can help the judicial system more and more in traveling the path. In this research, we are trying to find with a descriptive and analytical method, and it is thought that the use of out-of-court dispute resolution methods based on arbitration or a combination system of these methods with the judicial system (courts) can provide more protection than the judicial system alone for the family with to bring with him