فهرست مطالب abdullah bahmanpouri

The exclusiveness of property to two partners (monopoly of property) is one of the conditions stated by jurists in the implementation of the right of pre-emption (Arabic: حق الشفعه) and the application of this right is doubtful, if there are more than two partners. The issue of the research is that the views on the documents of the famous theory about the monopoly of the ownership of the shared object to two partners face serious criticism in creating the right of pre-emption and the famous opposition view is strengthened according to stipulated Ḥadīths (narrations) in breaking this monopoly and the main criterion of the right of pre-emption i.e., negation of damage. Criticizing the monopoly of ownership of the partnership property of two partners in order to prove the right of pre-emption is the purpose of this article and one of the causes of taking possession is using pre-emption which is emphasized in Article 140 of Civil Code of the Islamic Republic of Iran. The main achievement of this research, which is based on the analytical-descriptive method is that the right of pre-emption is general based on the fundamentals and narrative proofs (verbal evidence) and reasoning of narrations in the philosophy of making the right of pre-emption and this right is also acceptable where there are more than two partners.

Today, final products and consumer goods with high volume is an essential a problem; in addition to the variance of their raw materials (unprocessed material, or primary commodity) it is necessary to present prefect information to consumers with no knowledge. Currently, only some medicines have information about how to use, dosage, dosing schedule, efficacy, contraindications and side effects in relation to some patients that the implementation of this way is essential for all commodities (goods). Producers are required to label necessary information about their products, containing all ingredients, damages and side effects to people on their products, truly. But many producers with the intent of self-seekers avoid providing such information. From the other side, the lack of the appropriate responsibility has caused to increase products with no information or with imperfect information that will cause damages to consumers. The main question is what the basics of civil and criminal liability of producers are in the situation of not providing the information of goods and what liability follows the absences of not providing true information. This research with analytic-descriptive method is to study some jurisprudential maxims (Arabic: القواعد الفقهیه al-qawa'id al-fiqhiyyah) which can be the compiler of the efficient civil and criminal policy to punish producers for violating. Although the positive law in the country has mentioned to the regulations and performance bonds but it has not been accountable. Therefore, this paper is going to create a kind of responsibility for producers with the application of the fundamental jurisprudential maxims such as no harm (Arabic: لا ضرر la zarar), warning, the obligation to inform unconscious people of danger that they confront “وجوب إعلام الجاهل فیما یعطی” and risk that indicates the liability for the imperfect information and has resulted that the producers with attention to the type of goods should observe the available requirements of consumers in common and special consumers such as ill people, children and old people and with the knowledge of the circumstances of time and place should present appropriate information of goods; otherwise, producers will not be freed from civil and criminal liability.

The traveler’s prayer is one of the obligatory duties, which is recited in the form of shortening (Shortened, Qaṣr Prayer, two Rak'ats, Arabic: صلاه القصر) with the necessary conditions. There are two important points about prayer shortening (Taqṣīr aṣ-ṣalāh) of the traveler. According to one view, the shortened prayer is permissible during travel. For reasons such as the superiority of the full prayer (Tamām); the optional (alternative) obligation between Qaṣr and full prayers; shortened in the quality of prayer. This view for some reasons is flawed; because the acceptance of this view requires arbitrary interpretation (An interpretation by opinion, Eisegesis). But another view about traveler’s prayer (Arabic: صلاه المسافر Ṣalāt al-Musafir), unanimously knows the view of shortened (Qaṣr) prayer in a travel as a strong and most potent evidence, and as a result, they have found the evidence of the obligatory of the shortening (Qaṣr) of the as a persuasive evidence. The present study based on the analytical and descriptive method, examines the nature of traveler prayer by jurisprudential arguments, the opinions of jurists and fundamentalists (theoretician in law), and the obvious features of the shortening of prayer and has come to the conclusion that the ruling on the traveler’s prayer is in the form of departure, and the obligation to say (offering prayers) prayers shortly even in today’s travels that travel is very easy, is a definite and a religious obligation.

Confession is one of the evidence for substantiate the claim. It's the topic thatinclude "denial after confession". According to the evidence, the jurists havenot considered a same role for "denial after confession" in all punishments;in some cases, such as the "punishment of stoning to death", they all say thedenial can waive the punishment and in other cases there is disagreementabout that waiving, such as in the punishment of murder, theft, and lashes. Inthis article, by examining the evidences of accepting or ignoring that denial,we search for some rules that can be cited in uncertain cases. Among that, wealso examine the weaknesses and strengths of the Article 173 of the new Islamic Penal Code in order to make suggestions about it. One of the strengthspoints of this law is that it put the punishment for murder near the punishment of stoning to death, in accepting the denial; one of its weaknesses isnot to separat the punishment for theft and other punishments, while thepunishment for theft should be out of lashes punishments in accepting thedenial and should join the punishment for murder and the punishment ofstoning to death.

One of the most important issues facing Islamic economics is the fairness of the pricing system. Is the market pricing mechanism fair? This study examines the criteria and examples of fair price from the perspective of Islamic jurisprudence based on the view of Allameh Hilli by using descriptive method and jurisprudential-economic analysis. This study attempts to conclude the important issue of pricing and the limits and scope of the Islamic State's intervention in the market of insights for reference to the heritage of the Shiite school, focusing on the views of Allama Hali. There is a question whether the market price is a fair price? The findings of study show that the current market price is not always considered fair based on Allameh Hilli's point of view. He also cites non-market examples of fair pricing, which include legal prices set by legal authorities (guilds and accountants, as well as a fair and informed estimator). The ruler of Sharia can set a special price in case of misuse of the owner of the goods in determining the price based on some jurists’ points of view including Allama Hali.

Islamic jurists and consequently the civil jurists have made the marriage of a virgin girl subject to the permission of the parents (vali). The question is whether the loss of virginity from the religious point of view is based on the removal of virginity by lawful means. Or does it affect the disappearance of the virginity with factors such as adultery, vati be shobhe, illness, and also sibobat (loss of virginity)? This gains more significance when we consider that Article 1043 of the Civil Code allows the marriage of a virgin adult girl subject to the permission of her father or paternal grandfather, but the code makes no reference to the above question and the causes of the loss of virginity. The present study uses a descriptive-analytical method. On the basis of the Book and Tradition and an examination of the the sayings and fatwas of early jurists to contemporary ones based on the needs of society, especially judges and marriage registrars and an expertise approach, this study has chosen the fulfillment of sibobat (deterioration of virginity) based on legal sextual intercourse (vati). By studying and criticizingdifferent views and according to different narratives (revaiat), it has chosen the idea of fulfilling the loss of virginity (sibobat) with a marriage based vati, so that from the religious point of view, the virginity disappears only in case that the virginity has been destroyed by a documented marriage vati. Therefore, the fulfilment of sibobat and consequently the elimination of the vali's permission depend on the marriage in which insertion took place and led to the loss of virginity.

Contract by compromise has a special status as one of the most important contracts in jurisprudence and Islamic law. Given the quality of terminating compromise over the conflict resulting from transactions, the event of option of condition in this contract has been dubious to the Imāmiyya jurisprudents. Arguing that compromise has been legislated for eliminating conflict in transactions and its necessity is preceptive, they have considered option in contract by compromise as prohibited. With an analytical
approach, this article has critiqued the proofs of those maintaining prohibition and has supported the event of option of condition in compromise in the light of such principles as sovereignty of will in contracts

From late 19th century, a group of activists called “feminists” objected Islamic Sharia Laws about women. Since they have regarded these laws as the result the dominance of a male reading of Islam, they have tried to give a new interpretation of the Quran and Sunnah and a new way of extracting laws. Hijab has always been the most critical law they have noticed. They presented a new reading based on so-called mores and women rights, whereas the study of their thoughts prove they lack enough expertise in fiqh and law, and they postulate superficially without any scientific evidence. Eisegesis, lack of enough sources, and non-attendance to research methodologies of jurisprudence are of the problems questioning their ideas about hijab. In this paper, we try to review the ideas of three feminism activists: Qasim Amin, Fatema Mernissi, and Amina Wadud according to rational and traditional reasons.