فهرست مطالب میثم دوستی پور

Authority(khyar) means domination over the termination of the contract. Animal authority is one of the authorities in Imami jurisprudence, in which the authority is to terminate the sale of the animal within three days. The jurists disagree about the owner of the animal authority. The origin of this disagreement goes back to the difference in their understanding of the existing narrations about animal authority. The dispersed votes have challenged the animal authority application(etlagh). In general, there are three views on it. In this research, after examining the arguments of each point of view in a descriptive-analytical method, it has been concluded that the third point of view, namely the opinion of Imam Khomeini, is stronger. With the view in which the owner of the authority in the sale of the animal is considered as the owner of the animal after the contract, it is possible to collect the narrations cited by all three categories.

There are three notions among jurists about the wife’s share in inheritance if she is the only heir of her husband, and there are two notions about the husband’s share in inheritance if he is the only heir of his wife. The disagreement among jurists in this area originates from differences among narrations and hadiths. So studying documented narrations for determining the accuracy of every notion is inevitable. This study presents notions of jurists, in the first place. Then the documented narrations are studied within a descriptive-analytical method and the adopted notion of writers i.e. the content of Imam Reza’s hadith. Based on this notion, either wife or the husband inherits the residue of the estate of fixed shares from the other party, in addition to the share and fixed share specified in holy Quran, whether in the era of Imam Zaman’s presence or in his absence. This issue is one of the social concerns about which there is no text in Civil Code, but according to principle 167 of Iranian Constitution, the judge is bound to refer to reliable Islamic sources and valid juristic notions if he does not find any text containing articles regarding relevant lawsuits. So it is crucial to study the issue by examining evidences, documentations and presenting the adopted notion of writers.

Receiving unusual fees from patients, i.e. charges which are higher that the rate approved by the government, has become a widespread phenomenon. This ever-growing issue has turned into a challenge with which patients and medical community are faced. However, some doctors consider it as an offensive and ugly behavior. According to Islamic jurisprudence, treatment of patients and doing medical work is obligatory in cases of non-sufficiency (if there are enough people to do it, other people do not have the religious duty to do it). So, acquiring fees to do it is permitted based on the rates approved by the Islamic government and enforcing higher charges is forbidden. Investigation of this issue is important not only from a jurisprudential and legal perspective but also from a social aspect since the individuals in the society are faced with this challenge. Requiring higher-than-normal charges from patients is forbidden by the laws of Islam for the following reasons: using capital that has been earned through insufficient work, it is an instance of bribery, it is against the national laws and it creates chaos in the society. There are not any reasons to consider such an act permissible. In addition, it goes against ethics in medicine. This study adopts a descriptive-analytical method to investigate the above-mentioned issue.

From long time ago, one of differences between jurisconsults and lawyers is the amount of wife’s inherited her husband’s immovable property. The civil law of Iran before 1387 followed up the famous opinion of jurisconsults in act 946, but from 1387 accepted the obscure opinion with a new amendment that this opinion seems more logical with the review of reasons. In consequence of differences in the amount of wife’s inherited from immovable property, also there are some differences about the right of wife’s option from the contracts of husband’s immovable property such as land and house. In one of both cases exist five opinions. Because of the civil law somehow deprives wife in husband’s immovable property before and after correction, this question is mentioned that despite the deprivation of wife from the same husband’s immovable property, Is she inherited from the option right to terminate the contract of immovable property or not? The answer of this question doesn’t mention in law and is one of come down with problems in society. In this research after studying the amount of wife’s inherited from immovable property and it’s reasons, obtained different opinions about the amount of option right of wife from immovable property that is done in descriptive analysis method, That the fifth opinion means the wife to be right of option in case of the sale of immovable property and deprivation from option right, if the husband buy immovable property, is prefered.