aliakbar izadifard

In today's era, virtual space is considered one of the most important ways to gain knowledge and information. The virtual world is a parallel world to the real world and everything that is in the real world can be reflected in the virtual world as well. In the same way that in the real space, people suffer from epistemological-religious problems, the same damage prevails in the virtual world. Since most of the capacities available in the virtual space - directly or indirectly - are at the disposal of the Arrogant Front, and as the creators of this space, they have acted in such a way that, firstly, they make the maximum use of this space and secondly, they significantly monitor the activities of others in this space to the extent that every group and category that is outside this front has a technological need and dependence on them both for its own activity and also that if in a few cases it can rely on knowledge to come out from under their control, their activities will be put in danger, therefore, one should behave in such a way that propaganda in this space, firstly, can be hidden from the enemy's view (in other words, in the form of taqiyyah) and does not arouse his sensitivity, and secondly Despite the superiority of the enemy's hardware, different currents of thought that are inspired by authentic Islamic culture and jurisprudence can overcome this space and create a new discourse that will give stability to the layers of our national identity in the best possible way. In this article, this topic is discussed with analytical-descriptive method.

Different sins from the view point of the amount of villainy are not equal and have the degrees of severity and weakness. It is possible that other people including natural or legal ones facilitate the preliminaries of committing an unlawful action to perform a crime and provide the base of committing an illegal act that is called “crime assistant” and the committed act is referred to as “crime assistance”. Some jurists consider that the conclusion of the occurrence by mubāshir (perpetrator) (the occurrence of assisted crime) is a condition of title verity of assistance of crime, and from the view point of other jurists, this condition is not considered to be valid. The present research has been performed through descriptive-analytical method and by referring to jurisprudence books and jurists’ opinions along with justification, explanation, reasoning and inference. The finding of the present research includes total opinions of jurists and existing settlement of disputes in “conditionality crime assistance occurrence”. Therefore, considering the severity and weakness of the amount of sin indecency and it’s negative effect on psychological security of society, particularly in the cyberspace, the judicial courts are allowed and authorized, considering two criteria of intention of people and their knowledge and attention on the possibility of the occurrence of crime in the real world and or (internal or external) preventive factors of crime occurrence in the real world, in some cases, to consider the assistance of crime as the subject to crime assistance occurrence and in relation to some other crimes and legal and lawful sins do not consider the occurrence of assisted crime as criterion.

Invoicing is a method of financing in which a seller transfers his receivables to a third party to handle, receive, or to give discount.In full agency, almost all receivable accounts from the sale of goods and services are purchased by the agent under normal circumstances, and the customer (exporter) is provided with a quick access to cash, which the agent agrees to receive or receives the interest of financing, and the settlement between the agent and the customer is considered from the date of the agency contract or when the deal is done with a proper percentage discount, on the due date or when the agent succeeds to Collect all funds from buyers of goods and customer service.Full agency is similar to some jurisprudential and legal institutions In this post using the library method white contract of reward, factorage and brokerage Comparisons and conditions in each institution are fully expressed And finally, the full agency is similar to all the institutions mentioned But due to some differences, it can only be applied to a debt purchase contract

Leaving marital life without reason by the husband can threaten the consolidation of the family and cause hardship to the wife. One of the ways to prevent such actions in the society is criminalization in this field. Considering the legal gap in this article, we peruse the possibility of criminalizing leaving marital life without reason by the husband, and in what form and under what title is it possible to criminalize it? Considering that leaving the marital life without reason does not provide the wife's main rights, Jurisprudence books have ruled to Noshuz. In this case, the wife advises the husband to return to life. If the advice is not useful, she will refer to the judge. At first, the judge prohibits the husband from this action, if the prohibition does not lead to any result, the judge can punish (ta'zir) the husband according to the expediency and circumstances. If the ta'zir was not useful, judge has decided to divorce But in Iranian law, first the judge forces the husband to divorce, and finally judicial divorce is prescribed.

In response to the necessity such as the lack of human organs for organ transplantation and the loss of life of people in need of organ transplantation, medical scientists have developed various methods such as bone marrow transplantation, the development of technologies that can be transferred to the human body and finally transplantation. They have followed the organ from animal to human. The main question of the current research is what are the viewpoints regarding the legitimacy of animal-to-human organ transplantation from a jurisprudential-legal point of view? The goals of the current research are to analyze the legitimacy of transplanting organs from forbidden meat animals to humans from a jurisprudential-legal point of view and to identify the different approaches that exist in this field.

The method used in this research is descriptive-analytical. In this regard, reliable library sources are used to collect materials.

Ethical Considerations: 

In this method, ethical principles and scientific trustworthiness have been observed.

The findings of the current research are based on the fact that some people are against any organ transplant from an animal that is forbidden to eat human beings, citing the impurity of the animal as forbidden meat and the principle of prohibition. Exclusion from masma, the impossibility of ghusl in all circumstances and the rule of emergency are used to agree to the transplant of an organ from a prohibited meat animal to a human.

In connection with the conclusion of this research, it seems that considering the genetic adjustments and the preparations that are currently being made from a medical point of view to accept this type of transplant, it is possible to accept this transplant in case of emergency, but if in the future, medical advances are such that all the bad effects of this type of transplant are eliminated, maybe it can be considered absolute.

The spread of mental disorders within the communities has caused many people to be vulnerable and harmed. Meanwhile, people with various disorders may experience more harm. Dependent personality disorder (DPD) is one of the most common personality disorders in which a person has an excessive and pervasive need to be taken care of by others .The person needs others to take responsibility for most of the major issues in their lives and since they fear losing others' support or approval and because of getting their support and love, they engage in any unpleasant action, including reluctant transactions, which directly affect the validity of their legal actions. The main question raised here is how is the status of transactions of people with DPD according to their characteristics? This article has been compiled in a library method and in a descriptive-analytical approach. In order to clarify the jurisprudential aspects of the subject, the opinions of the jurists have been obtained and analyzed through sending enquiries (istefta`). Also, to further investigate the legal aspects of the subject, the related juridical cases were studied and evaluated. The results of the study indicate that in personality disorders, in the assumption of DPD, people turn to reluctant transactions against their inner desire only because of the fear of losing support of others or the dependent partner. For the same reason, the satisfaction of transactions is impaired. And according to Article 199 of the Civil Law, which considers involuntary transactions as non-enforceable, the transactions of this group of people are also placed in the non-intrusion valley due to reluctance caused by mental disorder. In case of satisfaction, the transaction is correct and will be the source of effects.

The importance of jurisprudential review of the legitimacy of wasteland detection operations, according to Article 1 of the Executive By-Law of Wastelands Identification Reference Law, and revoking its documents is due to the nature of Anfal (public property) and the need for government supervision over these lands during the period of absence. By comparing the reason for the legitimacy of land assessment operations based on Article 1 of the Executive By-Law of Wastelands Identification Reference Law with the reason for the legitimacy of land assessment operations based on the provisions of Article 1 of the Executive By-Laws of the Nationalization of Forests, it is concluded that the view of the jurists in the position of recognizing lands is in accordance with the provisions of Article 1 of the Executive By-Law of the Wastelands Identification Reference Law, which has not been successful in the field of wastelands due to errors in the text of the law and the legislator's limited and purposeful will. According to the jurists’ diagnostic view on the cultivation of wasteland, these lands, in terms of concept and application, include all lands that have not been cultivated. With the passage of the new law and the repeal of previous laws, land recognition operations are expected to be based on the identification of wastelands, regardless of customary titles and applications, as well as legal title-based definitions.

In this article, we examine the jurisprudence of teaching the jurisprudence of business if the business owners do business using artificial intelligence knowledge. Artificial intelligence is one of the new and widely used knowledge in the IT world. In a short period of time, this technology was able to show its ability in the evolution of knowledge and prove its ability to be used. Business experts also used this knowledge to advance their goals and were able to provide a new development in electronic commerce (telecommunications). This research has investigated the topic in a theoretical way and with a case study method. Relevant information was provided through electronic systems, specialized books and observation. The main question in this research is: What is the Shari'a rule of teaching business jurisprudence in case of using artificial intelligence in business? In this regard, there are some hypotheses, such as Ishtahab, Abaha, and Obligation. But the result of the research shows that in the case of using artificial intelligence in business, due to the complexities of transactions and the possibility of committing fraud, usury, arrogance, arrogance and in general, learning jurisprudence and legal rulings. Business is obligatory and every businessman should read and know these rules before starting business.

Every legal act requires distinction and will, and someone can have the will to perform legal acts that can distinguish different things from each other. Today, many mental disorders are spreading, which have a direct effect on people's will and discernment and affect their social and economic activities.The basic question raised in this article is, what is the state of growth and, accordingly, the state of transactions of mania? Are the deals of these people "Safhi" (naïve) or not?The result of this research, using a descriptive-analytical method and library tools, is that mania in crucial degrees (mania) creates a disorder and the affected person loses his power of recognition and distinguishing in the state of mania and turns to harmful transactions or irrational indulgences. ; Therefore, according to experts' verification of the lack of growth of those affected in the state of mania, the transactions of this category of people in this state are invalid, and if this disease exists before the time of puberty and continues after that, the permission of the guardian is necessary, and if it happens after the time of maturity, it is necessary to determine and appoint a guardian by the court to protect his rights.

Legislators and a number of jurists have taken into consideration obtaining the consent of the guardian for the marriage of a virgin Rashidah girl; this means that when the girl loses her virginity, the guardianship is also taken away from her. The unanimous ruling dated 1364 of the Supreme Court ruled out the necessity of a guardian's permission for the marriage of a girl in the assumption that the loss of virginity is due to illegitimate marriage. The purpose of this article is to examine the permission of the guardian in the marriage of a girl in the assumption of loss of virginity due to adultery, with a critique of the unanimous decision of the Supreme Court.

This article is descriptive and analytical and library method is used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.

The argument of the consensus opinion is that the legitimacy of penetration before the marriage is not a condition for the validity of the marriage or the condition for the fall of the province, and the penetration absolutely, whether it is legitimate or illegitimate, is the cause of the fall of the province.

The mentioned opinion is based on reasons such as the inexperience of the girl in the presumption of marriage, the compatibility of the necessity of the guardian's permission in marriage with the purposes of the Sharia, the condition of the guardian's permission falling on the removal of virginity through marriage in traditions and the lack of verification of the girl's growth in The assumption of losing virginity through illegitimacy is a place for reflection.

Please cite this article as:Izadi Fard AA, Shokrian Amiri H, Nazarpour F, Hosseinnejad SM. The Permission of the Guardian in the Marriage of a Girl in the Assumption of Loss of Virginity Due to Adultery with a Critique on the Unanimous Decision of the Supreme Court. Medical Law Journal. 2023; 17(58): e46.

Today, many mental disorders are spreading, which have a direct effect on the intention and will of the parties and affect the validity of the transaction. One of these common disorders is depression. The basic question in this study is what is the status of transaction accuracy in depressed people with different degrees? In this article, which was compiled via a library method and in a descriptive-analytical way, we reached the conclusion that depression in the weak state of the disease can be treated and controlled. However, in acute degrees, due to the lack of perception and thinking power and lack of concentration and severe weakness in decision-making, the intention is faced with errors and mistakes, and the patient makes repeated impulsive and forced transactions and makes unlimited gifts and makes irrational bequests suspecting to get rid of negative thoughts and without paying attention to the effects and consequences. According to the critical conditions of those suffering from depression with acute degrees, as well as the verification of the existence of a defect in the intention of such patients by technical experts, the transactions of these people in this situation are considered null and void according to jurisprudential and legal foundations.

Principle of publicity is one of fundamental principles of proceeding which has been regarded as an essential component in fair trail in human right documents and there are clear signs confirming it in the Imamiya jurisprudence.  The Civil Procedure Act 1379 unlike Civil Procedure Act 1318 and Criminal Procedure Act 1392 is silent about it; but according to Constitution Act, Principle 165, observation of this principle is necessary in civil cases too.  Principle of publicity do not restrict to usual proceeding that in it the parties are required to be present in the court, rather, its observation is necessary in electronic proceeding; because this two proceedings have not substantive differences, and only holding procedures are different.  On the other hand, currently lack of space in courts and long distances cause this principle to be isolated, using electronic instruments facilitate the presence of people in courts by spending less time and small expense.   This approach not only has not any conflict with jurisprudential foundations, but also it is in compliance with them under the auspices of conditions of time and place, as it removes losses arising from the isolation of publicity of trials and facilitates its application. Practice of wise-men, generality and unconditionality of reasons relating to publicity of proceeding together with lack of prohibition on the side of Shariah confirm this approach. Therefore, the comprehensive system of electronic proceeding and national justice network should not restrict itself to the parties of a given case and instead it needs to allow those who intend to participate in legal proceedings by creating technical and legal infrastructure.

The guarantor is obliged to recall the debtor to the creditor under the surety contract and in case of default of the obligation, according to the law, it must pay the debtor debt or the amount of bail as compensation for noncompliance obligation. The basic problem that this research has addressed with a descriptive and analytical method is what kind of obligation the guarantor's obligation is, and which persons has the capacity to enter into a guaranty contract.By examining the opinions of jurists and lawyers, it was determined that the guarantor's obligation to recall the obligee is a non-financial obligation, but because this obligation also has financial effects, the guarantor must be adult, wise and mature, and because the surety contract is harmful, the minor and the non-mature cannot enter into this contract either in person or through a guardian or mandatory. Another issue that is raised here is whether, in case where after concluding the guaranty, a guarantor who has the capacity faces insanity, foolishness, coma or bankruptcy, the guaranty contract will be still valid, or the contract of surety will be destroyed due to the occurrence of these cases. By looking into the books of jurists and legal authors, it is clearthat although surety is a binding contract, because the guarantor's commitment depends on him, the surety contract will be dissolved if the guarantor suffers from permanent insanity after the contract and before the recall. Therefore, the fulfillment of the obligation cannot be requested from the heir or the agent of the guarantor, and the debt or the amount of bail cannot be received from the property of the guarantor. The court must instead ask the debtor to introduce a new guarantor. In the assumption of periodical insanity, although the contract of surety remains, it is not possible for the guarantor to perform the obligation during the period of insanity, as this causes loss to the creditor. Therefore, the court should ask debtor to introduce a new guarantor. In case of the guarantor's foolishness, because legally and commonly, the fool has the ability to fulfill the obligation and present the guarantor, in case of breach of the covenant, he is obliged to pay the safe pledge. In describing the conditions of the guarantor, the Imami jurists, in addition to maturity, wisdom and growth, consider the absence of bankruptcy as a condition and state that if the guarantor is not able to summon the debtor, he must take care of the religion, and because a bankrupt person is prohibited from seizing his property, it is not possible to enter into suretyship unless the creditors give him permission to do so. In Article 221 of the Criminal Procedure Law, the condition of the guarantor's solvency is stated and, therefore, if a person is bankrupt, his guarantee should not be accepted, However, if the judge accepts the guaranty of the bankrupt regardless of the insolvency, the guaranty contract is valid. Because according to Article 418 of the Commercial Law, the bankrupt is prohibited from taking possession of his financial affairs after the issuance of the bankruptcy award. And since the surety contract is a non-financial contract, the bankrupt has the ability and competence to conclude it. However, if the guarantor does not present the debtor on the due date, the court did not have the right to collect the amount of the surety from the property of the guarantor without the permission of the creditors. And in the case of receiving the amount of bail, according to paragraph 2 of Article 423 of the Commercial Law, such receipt is invalid and the amount of bail must be returned to the receiver. Therefore, it is not possible to pay the debt due to surety until the end of bankruptcy. In case of bankruptcy of the guarantor after concluding the surety, the surety contract is still valid and if the guarantor refuses to summon the debtor, the creditor must enter the creditors of the bankrupt guarantor to collect the amount of bail. In the assumption that the guarantor falls into a coma after concluding the contract due to the lack of will and intention during the coma, it is not possible to ask him to summon debtor. Therefore, according to Article 234 of the Criminal Procedure Law, the court can reject the surety contract and ask the debtor to introduce a new guarantor. However, in case of brain death, the guarantor is assumed to be dead, the surety contract is terminated and the debtor must introduce a new guarantor according to the law.

Agent is a method of financing in which an issuer transfers its receivables to a specific institution so that the latter institution manages, collects, or discounts the receivables. This contract has various types and since the agency contract (factoring) is one of the emerging contracts in Iran and recently some institutions conclude contracts with their customers through this process and since enough researches have not been done in this regard, it is necessary to analyze the types of this contract in the light of the use of jurisprudential and legal rules and principles and to apply it with similar institutions in Imami jurisprudence and the subject law, as well as the legitimacy and illegitimacy of the agency under consideration. This study has entered into the discussion to understand the position of the subject of agency, based on the existing jurisprudential and legal rules with the approach of referring to the opinions of jurists and great authorities. The conclusion is that this contract is not generally contrary to the rules of Imami jurisprudence and the subject law of Iran, and if it encounters a problem somewhere, it is possible to provide a solution to solve that problem so that institutions and banks can use this contract between themselves and their customers. However, it is necessary to study and compare the laws of countries with the law of the agency and consider the jurisprudential and legal principles. The contract should be established and implemented in the country so that those laws can be used whenever necessary.

The purpose of this study is to investigate the right of residence of wife.

The method of this research is descriptive-analytical one. The information and materials of the research have been theoretically collected in a library method and have been rationally analyzed and concluded.

Ethical Considerations: 

Ethical considerations have been observed in writing this article.

If the wife does not make a condition for (Right of Residence) with the husband during marriage, then the wife must follow the husband here, but when the husband determines a place for inhabitation that is not suitable for wife, she may determine the residence.

If the wife put conditions like the right of residence for herself during the marriage contract, or if there is a necessity for the woman, she will have the right to choose a dwelling.

The use of civilian drones in the social aspects of human life is developing; to the extent that UAVs are expected to have a major role in smart cities. Despite the growth of UAV technology, the rules for using them are either not clear or have not yet been legislated. UAV civil liability is the most important area that, despite its benefits, poses social challenges and therefore needs research. Public and cyber security, privacy, personal injury, property damage and reputational damage are all types of responsibilities that can result from UAV performance. This article, written in a descriptive-analytical manner, while examining the conditions for the realization of civil liability, has proved the occurrence of losses in the field of UAV activities and based on the theory of respect, has considered the rule of civil liability applicable and due to the lack of personality for the UAV and also the category of artificial intelligence in the position of determining the person responsible for compensation, has been in search of a human factor.

Advocacy is a contract whereby one of the parties makes the other party his vice-president for doing something. Advocacy has some conditions. Islamic jurisprudence and, consequently, Civil Law, have created conditions for the contract of attorney. The adjudications must be perfect, i.e. mature and sane.

The method of this research is descriptive-analytical one.

Ethical Considerations:

 Ethical considerations have been observed in writing this article.

In this article, the possibility of lawyering the minor and accepting the advocacy by the minor person has been investigated and various opinions of jurists about accepting it have been discussed.

Lawyering the minor and accepting the advocacy by the minor person is against the law and jurisprudence.

Temporary marriage is one of the specific contracts of Shiite jurisprudence, which in some rulings differs from permanent marriage, including the issue of inheritance of couples. Accordingly, the main question that the present study tries to give a descriptive-analytical answer to is, "Do couples inherit from each other in a temporary marriage?". According to research, while there is no difference among Imami jurists regarding the inheritance of couples from each other, there is disagreement about the inheritance of couples from each other in temporary marriage, and some believe in the absolute permission of inheritance and in contrast to another group, it is believed that the nature of temporary marriage is not appropriate for inheritance. In the meantime, a third group of jurists has presented a detailed theory and, by considering the principle of inheritance or non-inheritance, has added to the existing differences regarding the ruling of the mentioned subject. In the present study, while explaining the opinion of Imami jurists and analyzing the available evidence, the well-known view that there is a "principle of non-inheritance unless the condition of inheritance" has been strengthened.

Over the decades, globalization has affected all areas of human life. One of the challenges that globalization has created is securities. On the other hand, due to the willingness of countries to intervene in economic affairs, especially the stock exchange, it has caused a dual nature of public-private. This, along with globalization, has created ambiguities in the conflict of laws related to these documents. The main question that arises is what effect has the globalization and liberalization of securities had on the legislative and judicial policies of countries? The liberalization and internationalization of securities markets, in addition to further complicating some aspects of these markets, has necessitated the development of appropriate legislative policies and strategies with these changes. Unfortunately, there is no explicit provision in Iranian law for conflict of laws in the field of securities, and it seems that the legislature has strengthened the national aspect of securities in the securities market law. After the country leaves the European Union, it is applied to determine the law governing securities. In international documents, the principle of the rule of will to determine the law governing securities is accepted if it does not conflict with public order and rules. In this article, we first examine and determine the legal nature of securities, then, we examine the various legal regimes that may prevail in an international securities agreement, and in the final chapters, using the documents. International, jurisprudence and experiences of other countries, we will clarify the strategies for determining the law governing securities transactions.

In recent years, robotic technology has been linked to human life, and the rate of entry and role of robots in human life is constantly evolving and increasing. This increase has paved the way for legislating the robot various behaviors and functions; because first of all, it is necessary to ensure controlled and safe performance in society; Secondly, the effectiveness and efficiency of robots in various areas of life depend on understanding the jurisprudential and legal issues. One of the important and noteworthy legal issues in this field is the existence of civil liability in case of mistakes and errors resulting from the robot acts. Using analytical descriptive methods, examining the principles of civil liability and its elements in the realm of robot behavior and presenting ijtihad evidence, this article has come to the conclusion that committing a harmful act or harmful abandonment of an act by a robot causes responsibility and, as the case may be, based on the theory of "respect", the human factor is condemned and obliged to compensate; Because the robot has no real or legal personality and cannot be compensated.

Education is so effective in the development of the individual and society that it can be claimed that the value of any school is understood from those educated in that school. The necessity of methodical research in sexual education is the main concern of this research authors, who have achieved a suitable model for sexual education of children through the method of content analysis and jurisprudential approach. In this study, content analysis begins with the study of jurisprudential and interpretive sources to determine the meaning of verses and hadiths, then, the content of verses and hadiths is coded. The tool used in theme analysis is a network of themes. In other words, the key points of the text - by extracting the repetitive words, the keywords and discovering the words that have an overlap or causal relationship are separated and form the basic themes. The data is then patiently written and reviewed to discover the basic ideas for discovering related codes and how they relate to the organizing themes. In the following, by summarizing and combining the network of similar themes, we achieve comprehensive and focal themes. After analyzing the content of verses and jurisprudential narrations related to sexual education with Maxqda software and examining 24 basic themes, 10 organizing themes and two comprehensive themes, we have reached the Islamic model of sexual education.

Credit transactions play an important role in commerce and their necessity is obvious. Issuance of commercial (barati) documents for Pawning; considering the advantages of those documents over ordinary documents, it is an appropriate solution. The legislator in Article 774 of the Civil Code, which has a jurisprudential background, defines the subject of mortgages as the specific goods, and considers void the mortgages of debt and interests; but the legislature has sometime shifted that position and some jurists have issued fatwas on the validity of that juristic act. The commercial (barati) documents is not property on the basis of usage view. The pawning of the mentioned documents does not have a single legal nature. the cases that are subject to the debt mortgage are nullified according to mentioned article. the things that have been considered to bill mortgage is valid due to the validity of that contract. Also, the cases under the name of untitled contract are valid with regard to Articles 10 and 758 of the Civil Code, the principles of validity, irrevocability, permissiveness and non-existence and acceptance of the suspended contract and the issuance of the check for pawning by the legislature.

The phone subscription agreement is one of the most important contracts between the subscriber (customer) and telecommunication companies to receive the communication services that has a vital role in human life today. This paper which has been provided with analytic-descriptive, the nature of the oldest meanwhile the most important and current subscriber agreement with telecommunication means the postpaid phone subscription agreement has been examined. Based on this with analyzing the purport of this contract, it has been challenged the way of the relationship between the subscriber and telecommunication and customizing the telecommunication equipment (instruments) to it and how calculating the expenses relating to this contract, the opinions which think that the subscription agreement is inclusively leasing (Arabic:اجاره ijarah) and sale (Arabic: بیع bay') contract and it is accepted the opinion of the composite (compound) contract for determining the nature of this contract. Also for the clarification of the quality and nature of the compound contract, meanwhile accepting the Islamic traditional report about the sale of rights and interests (benefits) and stating that the inadequacy (lack) of the uncertain (brief) knowledge to the consideration for avoidance of the doubt of gharar (Arabic: غرر meaning risky transaction) in the sale of the benefits, for the solution of the doubt in the consideration in the section of the inconstant (variable) expenses of in this contract (printed in periodic bills), the title of sulh (meaning: settlement and resolution) contract is suggested and accepted. Lastly, the acceptable opinion of this research for the nature of the postpaid phone subscription agreement is a contract composed of the sale of subscription fee, the sale of the constant contact and the settlement (sulh) on interests (benefits).

One of the important approaches in jurisprudential studies is to pay attention to the aims of the shari'a in the religious law, namely, to pay attention to the criteria and causes of the sentence, as well as its expedients and corruptness from the perspective of the legislator of islam. In such a way that purposes and causes of the sentences, not have constradictions with general nature of sharia of islam. According to the general aims of the shari'a in marriage, which is the formation of the family, the production of the generation and the creation of the human face, is not the livelihood and lust of the animal, and the partial purposes of the shari'a is in alimony, which is the provision of women's needs in the family. It can be said that first, alimony of spouse as a unilaterally duty is responsible for husband and only the disobedience of the wife prevents of countinuing. The alimony of the woman is related to the supply of material needs, health, spiritual, psychological, scientific and educational support to the strengthening of the family system and the proper education of children. Therefore, the determination of alimony in material matters such as housing, clothing and food is through tarighah and does not matter.

Judge independence guarantees fair hearing. Famous jurisprudents consider withdrawal of judgment for Mojtahed and consider his sentence to be effective. But according to note 3 of the Civil Procidure code: "If the judge is a mujtahid and consider the law unlawfull, the case will be referred to another branch for consideration", and it seems that Judge Mojtahed's scientific and practical independence has been challenged. The authors argue that preventing Judge Mojtahed from ruling without contravening the principles of judgment contradicts the independence of the judge, contrary to the law. The perverse implications of this are the isolation of ijtihad in the judicial process and, the excessive presentation of the virtues and dignity of Mojtahed. Therefore, by meditating on the narrative and rational documentation, the legislative approach in the note, as the only way out of the challenge, rejects the issue of referring the matter to the Guardian Council or the Jurisprudential Council or the Fatwa of the Supreme Leader, as a competent reference for recognizing conformity or noncompliance. Laws are recommended by law.