دکتر مهدی رهبر

Fulfillment of the obligation by the contracting parties is one of the ways for the cancellation of lien rights in contracts, the most obvious example of which is the delivery of the sold item. Although the majority of jurists believe that the delivery of the sold item cancels the right of lien; Imamiyyah and Sunni jurists disagree upon the way of delivery and reception of the sold item by the customer and the effect of other changes of the contracting parties (such as remittance and mortgage) in the lien on cancellation of the lien right. In this regard, the present research has collected the necessary information from the jurisprudential works of the five Islamic denominations, and using the descriptive-analytical method, it has been shown that: it is necessary to include conditions in the way of execution and delivery, so that the right of lien is cancelled; However, these conditions have not been investigated in jurisprudence and legal texts. Including that the fulfillment of the obligation and delivery must be done by the seller or an authorized person on his behalf, with his will and satisfaction, and with the intention of fulfilling the obligation; therefore, it has been proposed to add voluntary withdrawal and delivery as fulfillment of obligation to the terms of cancelation of lien right.

Cultural crimes is a multifaceted and intricate issue whose harm to communities’ cultures can lead to a reversal of values and norms. This type of crime means any act or omission that is committed against culture or its components and leads to the destruction, distortion, overturning of culture or wounding of public conscience. Despite the numerous negative impacts of crimes against culture, particularly in Islamic countries, they have not received the necessary attention, and offenders do not receive appropriate punishment. In this research, an attempt has been made to investigate the legal foundations of the prohibition of these crimes from the perspective of Imami and Shafi'i jurisprudence using the descriptive-analytical method and using library sources. The result of this research shows the verses of corruption in the earth, avoiding the word of falsehood and the sanctity of spreading prostitution, the traditions of the sanctity of education and learning pure haram and the violation of the right, the reason of reason, the rules of harmlessness, bear the special harm to ward off the general harm, the subjugation of the subject, the judgment of the matter. Corruption, the first evil of corruption, seeking to make amends and honoring the cause, according to various examples of cultural crimes, implies the prohibition of these crimes.

Committing a crime in public as one of the qualities of intensifying the punishment in Islamic jurisprudence and criminal law has faced many opinions. Therefore, in this article, with a comparative approach and using the descriptive-analytical method, the jurisprudential-legal criteria of intensifying the punishment of crimes in public has been examined, emphasizing the positive and negative statements in a descriptive form among the jurisprudential-narrative texts, and also based on the objective quality from specific aspects and the multiplicity of crimes from general aspects, this issue has been investigated in Islamic criminal law. From the point of view of jurisprudence, it is not possible to increase the punishment of the main crime itself, but it is possible to increase it as ta‘dhir due to titles such as desecration and showing immorality. From the legal point of view, increasing the punishment of crimes in public can be justified from the two aspects of multiplicity of behavior and objective aggravating qualities.

The right of precedence deals with the relationship between individuals, objects and places. It is a rational phenomenon, approved by the Sharia. Some scholars believe that the nature of the right of precedence is moral priority while others take it as an obligation. Still there are scholars who view it as an objective right. The realization of this right results in ownership or the right of precedence. There is a difference between Imamiah (the followers of the twelve Imams) and Sunni jurists as to whether the right of precedence causes ownership or the right of precedence. Sunni jurists believe in the absolute ownership and refer to narrations related to the revival of the dead lands as their proof. Imamiah jurists, on the other hand, accept ownership in some cases and the right of precedence in others because there is a consensus on the absence of absolute ownership. The jurists believe in ownership in cases such as taking possession and the revival of the dead lands, agriculture and the writing of scientific works. This study concludes that the right of precedence is an example of objective rights which include all the effects of this right, such as not allowing the violation of the right, the necessity for compensating the damage caused by the violation of the others’ right, etc. This article aims at explaining the nature and effects of the right of precedence. Meanwhile, based on library sources and by using analytical and descriptive methods, we will examine the views of the parties on the subject.

The right to imprisonment is optional for the parties of the contract, according to which they can defer the fulfillment of their obligation to the fulfillment of another person's obligation. The necessity of writing this paper is to explain the nature of the right to imprisonment, since most of the differences in the rulings and the realm of the right to imprisonment are because it remains unknown. Following the discovery of the truth of the right to imprisonment, the present paper has concluded that some differences are due to the confusion of concepts related to the right to imprisonment in Western law and Islamic jurisprudence. By re-examining these concepts in Imamiyah jurisprudence, Iranian law, and international documents, it was concluded that imprisonment is a purely financial right and despite its similarities with objective and religious rights, it cannot necessarily be considered objective or religious rights, but depends on the obligation and is also a kind of guarantee of mutual implementation that takes place in the place of defense and of course, it can be abolished or stipulated otherwise. The present findings are significantly effective in determining the limits of imprisonment, sentences, and its effects.

One of the conditions of the congregational prayer is the connection between the ranks of the prayer. According to the jurisprudence of the Imamiyyah, the ranks of the prayer should not be more than one step or a distance that is considered to be customarily close, whether the Imam and the follower are in the same place like a mosque or different places. Traditions, consensus and requirements of the custom of the believers, are among the evidences of Imamiyyah’s view. Sunni scholars, referring to the consensus, believe that in the case of unity of place in congregational prayer, it is sufficient for followers to be aware of the Imam’s prayers to follow him, and if the prayer is performed in the mosque, the congregational prayer is correct even if the ranks are distant, and if the prayer is performed outside the mosque, some consider the distance less than 300 meters necessary and some believe that a customary closeness is sufficient but some others believe that closeness of the ranks is not necessary. In this paper, using descriptive-analytical method and library resources, we study and analyze different perspectives in this field in order to achieve the Shariah order of joining the ranks of congregational prayer and explaining the amount of distance between ranks. According to the research findings and the author’s point of view, the necessity to observe a standard step distance between ranks whether in the mosque or outside is proportionate and the unity of prayer is not included in this order.

Normal Reproduction of mankind is done through sexual intercourse. In this way, the sperm and ovum form Zygote or egg cell and the embryonic stages begin. In cloning process, Living being is produced without sexual intercourse and sperm involvement. Thus it differs from the somatic cell and through its combination with an egg cell from which the nucleus has been removed, a complete Living being is born. Cloning of plants and animals is permissible in Imāmīyeh and Sunnī jurisprudence; however have different ideas about human cloning. Some of Imāmī jurists consider it absolute permit, and some of them limited permit and others find it unlawful but Sunnī jurists recognize it as an unlawful action. Changing the creation of God is among the reasons for the prohibition of the practice. In the current paper by examining this reason, one may conclude that this reason does not include the cloning and in this case cannot be banned human Cloning.

The permission of husband has been always an important subject among the Islamic jurists. The principle of necessity of wife''s permission for exit from the house has been accepted by the jurists based on traditions. The main question on this subject is about the boundaries of permission. So many Imami jurists (senior and recent) such as Sheikh Mofid، Sheikh Toosi، Abossalah Halabi، Allama Helli، Imam Khomayni and Ayatollah Sistani have explained the necessity of unconditional permission and some contemporaneous jurists such as Ayatollah Khoyi، Sheikh Mohammad Mahdi Shamsoddin، Sayyed Mohammad Hosayn Fazlollah، Ayatollah Mohammad Mousavi Bojnordi and Ayatollah Jannati have explained the necessity of conditional permission. Some of the Quranic verses refer to the principle of wife''s permission indirectly، but we did not find any frank verse about the permission; so we will study some traditions on this subject from A''emma.

The rule of wastage is among the jurisprudential rules, which deals with the wastage of other’s property and the involved responsibilities. It states that anybody who wastes or uses other’s property without the permission of the owner is responsible for the action. This rule besides other aspects speaks about wastage through involvement and wastage through causality. Indeed causality is also one of the referents of the said wastage. However some jurisprudents do not maintain the same viewpoint regarding such a wastage, considering it an independent rule.The present paper is an attempt to study the rule of causality to find out whether it is an independent rule or is a referent of the rule of wastage.