جستجوی مقالات مرتبط با کلیدواژه « قاعده ی لاضرر » در نشریات گروه « فقه و حقوق »

The legitimacy of polygamy or polygamy in Khamsa religions based on ijtihadi reasons - verses, hadiths, and the definitive tradition of the jurists - is a matter of consensus and agreement among jurists, but as a social phenomenon, one cannot ignore its pathology. In Islamic jurisprudence, "harmless and harmless" is accepted as a universal rule in all jurisprudence chapters. A rule based on which any harm in the enactment of laws and their implementation is ruled out. From this point of view, is it possible to use the capacity of the harmless rule in facing the harm caused by the remarriage of men that affects the women of a society? It seems that these damages are caused by the loophole in the laws that block the harm in the abuse of polygamy. Therefore, the answer to this question is based on accepting or not accepting the dignity of proof for the rule of harmlessness. For this purpose, we have tried to evaluate the feasibility of citing the Harmful Rule in the issue of polygamy by examining the interpretations and cases of use of this rule by the jurists of Khamsa schools. Finally, we have come to the conclusion that according to the acceptance of the evidential value of the harmless rule, it is possible to remedy the damages and losses caused by the void and silence of the law on the issue of polygamy by establishing appropriate regulations and laws.

The harmless rule is comprehensiveness and dynamism in the Islamic legal system and has an undeniable effect on Iranian civil laws and has been able to solve many problems and even emerging issues. The objective of this study is to analyze the "Harmless jurisprudential rule" with the investigation the effect of the sale of building density on the environment and individuals of the society.

This research is of theoretical type and descriptive-analytical and library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize, while observing the authenticity of the texts, honesty and fidelity have been observed.

offering surplus density and selling building density In cities, especially metropolitan areas, which can be studied according to the consequences which have for the environment, society and individuals. by adopting appropriate mechanisms in the field of environmental protection and sustainable urban planning, jurisprudential and Islamic rules can be used to organize this area, and this important issue can be examined in the form of a harmless jurisprudential rule.

By understanding the importance of the quality of the environment and the health of society and with the help of jurisprudential teachings, in the framework of the "harmless rule", the sale of building density can be considering due to these facts of this rule which needs to be reviewed by the country's policymakers and housing officials.

The purpose of this Article is to study the possibility, manner and effects of the insertion of fundamental rights into private law, which has been done by analytical-critical method. Lawyers often apply said rights to the government, and have rarely discussed about application of fundamental rights between private parties. The concept of constitutionalization of private law could be defined as “obliging the private parties to obey the fundamental rights – such as equality, privacy and liberty - in their relationships”. As a result of this process, the nature of civil rights and obligations, distinction between public and private law, and liberal order of duty-bearers may be exposed to changes; triple challenges which, though leading to conceptual development of some private law institutes, could be justified in European law by resort to indirect effect model and in Iran, due to special literature of the people rights in Islamic Republic of Iran Constitution and Juridical structure of private law regime, by resort to direct effect. The most important achievement of this research is attention to revise the basic rights in private relationships, and to prove the Islamic jurisprudence enrichment to absorb the fundamental rights in private relationships.

The formation of the legal system and the emergence of the relationship between government and people has caused conflict between private ownership and public interest. Given that the superiority of each of private ownership or public interest over another causes loss and damage to the other, preference of public interest over the rights of private owners and vice versa requires the reason. This article seeks to explain the approach of the Guardian Council’s jurists and to evaluate the evolution of their attitudes in confronting the acts restricted the private ownership to provide public interest so as to indicate that in some cases the private property has been limited in line with providing public interest despite the protection of the proprietary rights of the individuals by the Guardian Council’s jurists. Through analysis of the collected resources, two criteria of "necessity" and "expediency" are evaluated in which the Guardian Council’s jurists have restricted and deprived the powers of the owners with referring to them in jurisprudential supervision on the acts of the Islamic Consultative Assembly and also in response to inquiries of the Administrative Justice Court. The modified approach in the procedure of the Guardian Council’s jurists in supporting the domination of the owners has promoted the protection of the public interests and attention on it, in which its guarantee requires explanation and stipulation of objective and specific principles and criteria by the Guardian Council’s jurists.

Protect the rights of creditor financial and deny the debt and concern the law of debtor، is important to the tradition and the attention of lawgiver and this issue well used from the Quran and habit and scholars fatwas. In the trades in which for escape from the debtor''s debt، specially concerning to change of alter the 218 clause of the civil codes، expressing the opinion and a few of people know that is correct and a few people know it not effective and others know it as invalid things. The present article with the attitude of Ijtihad is in deal with prevent the escape of the debtor''s debt in legal and religion. This article evaluate the jurisprudence-legal this trade and solicit public argument the rule of harmlessly and according to the texts of the rules such as the 40th clause of the constitution، evaluate this subject and injunction of this trade.

Although "moral damage" is one of the challenging issues necessarily stipulated in present principles, laws and regulations but it is not determined how to compensate and evaluate. Some strategies are considered for moral damage compensation in legal systems of different countries, but there isn't any definite criterion for the methods of moral damage compensation. The writer believes that the capability of moral damage compensation and how to compensate it could be justified and inferred in relation to the law principles in Iran and Islam: the rule of "no-damage" as a jurisprudent certainty is invoked in order to prove the civil liability arising from moral damage and the methods of compensation. In addition to the rule of "no-damage", the other reason is anticipation of blood money about physical hurts which lead to moral damage. The intelligentsia also judge to compensate the moral damage imposed on humans. The moral damage is also compensated in legal law in Iran. There isn’t any definite method to compensate the moral damages but it deems that the common methods in statue, common law and jurisprudence are acceptable because the methods of moral damage compensation are relative and resultant which are derived from legal and social thoughts in every time and then consent and religious law could be understood from the silence and lack of legislator prevention.Therefore, we can say that the acceptance of financial compensation and sorts of non- financial compensation is justifiable and defensible for reparation of moral damage in Islamic jurisprudence

Instinct of avidity and avarice in the nature of humankind can be studied in different fields. One of them is hoarding. It is one of important problems that societies are stricken to it and its consequences. Jurists debate about hoarding and its absurdity in jurisprudence repeatedly. Such avarice act should be forbidden by government, certainly accordance with undoubted fundamental rules for preserving of right of possession and rights of society. Social and governmental duty of government request that force hoarder to expose and offer goods to people whit standard price. If the hoarder continues his act, conversion would the duty of government. In this research, we will study the juridical dimension of conversion with attention to fundamental custom and intellect

Family is the oldest human institution that emerged as a result ofsocial, emotional and legal solidarity between groups of humanbeings who are linked together via marriage bond. The efforts of themembers of the groups bring about credit and social dignity for thefamily institution which is regarded as their shared spiritual capital.This capital has been recognized by Islamic social teachings as wellas by Islamic law; accordingly, moral and legal rules, both publicand private, have been stipulated by the Islamic law in order tosupport this valuable capital. One such rule is that of la zararwa lazirar. This rule, based on a hadith narrated by MurratibniJundab, isused to recognize any spiritual damage on family as being a case forzarar (incurring loss) or zirar (inflicting loss upon others) in orderto confirm a verdict and hence compensate for any such damage orloss on family. Also, in view if the spirit of this rule, any damagecompensation for an individual or a group is legally recognized.Since establishing a legal person status for family appears legallydifficult, any individual members of the family (as natural persons)may sue for any damage to their dignity and emotions in the familywithin the context of this same rule.