mohammadreza kazemi golverdi

Sale is one of the words that is known as one of the most widely used words in Islamic jurisprudence. And apart from entering the codified laws in the modern era, it has already followed the moral teachings. Islamic jurists have each defined the nature, pillars and types of sale as one of the definite and important Islamic contracts. Regarding sale, it should be said that in some definitions, the early Imami jurists considered the nature of the exchange of two property, while the famous Islamic jurists consider its nature as acceptance and acceptance, which makes the seller the property of the customer and the price the property of the seller. In this research, we analyze the moral teachings of jurisprudence and law on sale with emphasis on the views of Imam Khomeini and other Imami jurists.

This article has been prepared and compiled in a descriptive and analytical manner with the use of library resources with the help of fishing tools.Ethical considerations: from the beginning to the end of the article, relying on ethical principles; Honesty and fidelity have been developed.

The findings indicate that moral teachings in sale have a valuable role in Islamic law, so that in the definitions of late and contemporary Imami jurists, a kind of semantic change can be seen in the interpretation of sale. And from the point of view of Imam Khomeini and other Islamic jurists, the elements of possession in property are concepts

One of the prominent manifestations of restorative justice is mediation, peace and compromise, which is referred to in the Holy Qur'an as the reform of the essence. The reform of the essence is one of the programs emphasized by Islam in cases of conflict. Which is done with the participation of members of the Islamic community (person or third parties who are called mediators) and the active and free participation of the parties to the dispute and seeks to establish peace and reconciliation and friendship between the parties to the dispute through reparation and compensation. This new establishment, with the efforts of jurists and the application of issues related to resolving disputes with the enlightened religion of Islam and jurisprudential texts, as well as a look at the rights of developed countries from the perspective of the judiciary, is gradually included in the legal texts of the country. Also becomes. However, the research findings indicate a significant effect of the use of mediation mechanisms in reducing the volume of cases and also the number of court appeals. Based on this, it can be concluded that mediation based on the Qur'an and Sunnah has a significant role in achieving restorative justice in the criminal proceedings.

The no-harm rule The jurisprudential rule is taken from the text of the prophetic hadith "no harm and no harm in Islam" which indicates the denial of harm to oneself and others in Islam and its sanctity. The no-harm rule is one of the well-known rules that is used in most chapters of jurisprudence, and in its importance it has been said that it is one of the five rules on which jurisprudential issues are based. The "harmless rule" is one of the rules: which has a valid jurisprudential and rational document and is indicated by several verses and narrations. And it has "rule" over many other jurisprudential rules. The provisions of the no-harm rule are "absolute" and therefore include any harm. According to Article 18 1 1 of the 1982 Convention on the Law of the Sea: "Safe passage" is a right recognized under the conditions for the passage of foreign ships in the territorial sea. Paragraph 2 of Article 19 of the Convention lists eleven cases of "harmful instances". Pursuant to the provisions of paragraph 1 of Article 21 of the 1982 Convention on the Sea, the Government of the Islamic Republic has the authority to legislate and implement it in its territorial waters and can prevent any damage from foreign ships.

although the jurisprudential guardianship in its political sense is an idea belonging to the contemporary era and establishment of Islamic Republic system in Iran, it is historically rooted in the thoughts of the Shiite jurisprudents who have fostered the elements of this concept during various eras. Based thereon, the present study aims at the investigation of the history of the jurisprudents’ guardianship as viewed by Sheikh Tusi also known as Sheikh Al-Ta’efeh [the elder of the tribe].

the study method is descriptive-analytical and use will be made of the works by Sheikh Tusi and other Shiite jurisprudents and scholars as the primary sources of the research. Therefore, the required information has been collected based on documentary and library research.

the mindset of Sheikh Tusi about the guardianship of the jurisprudents is based on their playing of roles in the social and judicial affairs as well as their devising of strategies for receiving Khoums [one fifth of the properties) and dealing with the financial matters and his mindset does not feature a prominent political aspect. However, the ideas of the jurisprudents about various affairs of the society is influential and articulate in the era of occultation of the immaculate Imams (peace be upon them) for they are individuals with sufficient recognition and knowledge in the area of the religious verdicts and this same approach has become a ground for the fostering of the theory of jurisprudential guardianship by the other Shiite scholars which is reflective of the theory’s perfection in the course of Shiism’s history.

proposing jurisprudents as the continuers of the movement by the great prophet of Islam (may Allah bestow him and his sacred progeny the best of His regards) and the immaculate Imams (peace be upon them) in the domain of various issues, fostering of the Shiism’s political mindset based on the guardianship of the jurisprudents against the political mindset of the tyrannical sultans and the fellows of oppression and considering the jurisprudents as rightful persons in the judicial and non-litigious matters are amongst the indicators that can reveal the mindset of Sheikh Tusi as a carrier for the transferring of the theory of the jurisprudential guardianship to the future eras.