maryam ibn turab

The legislator has made the bill a condition for the authenticity of some contracts, including mortgage, waqf and gift contracts. In practice, some of these contracts are created by drawing up an official document, without actual possession by the other party. According to the evidentiary aspect of official documents, legally the owner of the document is known as the owner. In this case, a legal challenge arises, which has jurisprudential roots, because from the point of view of jurists, the bill is recognized as valid in these contracts, while the document may be officially and legally registered, but the owner of the document does not receive any physical bill. did not happen From a jurisprudential point of view, according to some, these contracts can be returned due to lack of receipt. The articles of the civil law also confirm this opinion. This research aims to investigate the forms in question in order to answer the question whether official documents can be considered customary bills. And follow the juridical and legal effects of a contract? By examining the views of jurists and legal experts in these cases, the conclusion was reached that not only the official document can show the serious intention of the contracting party, but it can also be considered as an example of the bill, and it can be said that the official document is the regulator of commitment to the contract. has accepted it, because he knows that with the registered document, the owner of the document is recognized as the owner, and if the organizer of the document claims ownership, he is considered a claimant.

The drafting of the Convention on the Elimination of All Forms of Discrimination against Women is one of the results of Western studies on the issue of women. The main tool of the drafters of the Convention is the elimination of discrimination in order to eradicate the existing traditional gender stereotypes and to deny the differences between men and women and thus to create equal rights. In this case, the provisions of this convention are not in full compliance with Islamic law, and this has caused challenges in various social, legal and cultural fields. The purpose of this study is to compare the rights arising from the articles of the Convention and Islamic law, in order to provide an appropriate response to address the challenges in this field. Based on descriptive analytical studies, it was concluded that in addition to the common human and male commonalities, the two are inherently and evolutionarily different from each other, so it is natural from a social point of view and in the field. The regulation of legal rules should not be expected to be similar to them. In many of its rules and laws, Islamic law complies with the provisions of the Convention. The right to life, the right to liberty, human dignity, the right to employment and political rights such as the right to participate in elections, social rights, the right to education and health are some of the issues that have long been considered in Islam. But in some cases, men and women have different rights and rules based on the characteristics of creation and the responsibilities based on it. Therefore, equality in the Convention on the Elimination of All Forms of Discrimination against Women, contrary to Islamic law, is not based on justice and nature, and this is a form of discrimination.

Enforcement guarantee is a direct or indirect means to fulfill legal requirements (including orders and prohibitions) or compensation for damage or in other words is a tool that ensures the effective implementation of legal rules and is used by public forces in society. This is divided into civil and criminal enforcement guarantees. Forgery of a term in jurisprudence and law means to deceive another and to persuade him to perform an action. That is, one party deliberately deceives the other party by its fraudulent actions. It can be considered as an example of ta'zir punishment. In Articles 5 and 647 of the Islamic Penal Code, the legislature has criminalized forgery and the model deserves punishment.

The Islamic Penal Code includes the definition and explanation of crimes and their reprimands. Hadd, Ghesas (Retribution), Dieh and ta'zir are parts of this law. Regarding the Hadd reprimand, legislator in article 264 of Islamic Penal Code stipulates as follow: ((The consumption of intoxicants such as eating, injecting and smoking with  low or high value, solid or liquid, intoxicating or not, pure or mixed in such a way that it does not exclude the person from being intoxicating, causes a Hadd reprimand. In the holy Shari'a of Islam the limits of Hadd reprimand is determined, and the crime that caused it has been specified precisely and clearly. In the penal laws of the Islamic Republic of Iran and especially in the field of the Hadd reprimand, the legislator criminalizes the acts subject to Hadd, and explains its related reprimand according to the Shari'a rulings and also according to the opinions of the senior jurists. The purpose of this study is to answer the question whether Article 264 of the Islamic Penal Code is fully consistent with the religious teachings and views of senior jurists? And also are the injections, smoking and other forms of intoxicants subject to Hadd from the point of view of jurisprudential rulings? To obtain this answer, the fatwas of the senior jurists and the principles of the rule of this legal article were investigated. From the point of view of the senior jurists, “drinking” and “eating” of intoxicants are two examples in which If verified, the cause of these crimes capable of the Hadd reprimands, while only "drinking" is intoxicant that leads to the reprimands of had according to the narrations in this regard. Therefore, "eating" and "drinking" are definite examples of intoxicants that cause had reprimands, although according to Islamic criminal law, the judiciary can impose a Ta'zir reprimands on other examples of intoxicants for the benefit of society.

The marriage contract is the most important contract that an individual concludes in his/her life. Hence, compared to other contracts, it has its specific characteristics. Guile and fraud is undesirable and uninvited in every contract, but it is more objectionable in such a sacred contract. Despite this fact, such a fraud has not drawn the due attention of the legislator. Lawyers argue that Article1128 of the Civil Code that covers the attributes of the two sides covers the issue of fraudulence as well. The focus of this research is the legal lacuna about fraudulence in marriage. A review of the legal and jurisprudential sources indicates that Article 1128 does not fully cover all cases of fraudulence in marriage. In fact, fraudulence does not always refer to the absence of a desirable attribute; moreover, the right to rescind a contract alone would not lead to the vindication of the rights of the deceived person. In addition, the abrogation of the marriage contract not only does not solve any problem but adds to the existing problems.

The convention on the Elimination of All forms of Discrimination against Women has a preamble and ten articles. Most of the contents of this convention are accepted in the Islamic Law and are in congruence with the jurisprudential viewpoints of Imam Khomeini. They have been explicitly approved by the Constitution of the Islamic Republic of Iran. But the issue is that in certain cases pertaining to personal affairs, the acceptance of some of the contents of the convention causes neglect of the rights of other members of the family. It is a challenge in the field of women’s rights which is seriously followed up and discussed by Muslim jurists and lawyers. The main hypothesis of the present paper is that the said cases not only are not discriminatory but are compatible with the characteristics of women’s rights that are based on the merits bestowed upon the women by the Creator and on whose bases women acquire their true role in the society. Moreover, the authors of the convention do not accept complete equality between men and women.