نشریه مبانی فقهی حقوق اسلامی
سال یازدهم شماره 1 (پیاپی 21، بهار و تابستان 1397)

The right to easement is one of the important issues of human life in livelihood or trading. So sometimes people see the needs of others and help them to meet their needs. So what is the cause of the creation of the right to promote Islamic jurisprudence? This article discusses the causes of the creation of the right to education. These articles contain the views of the great Islamic five jurisprudents. During the research, the divisions and commonalities of religions are well known. One of the most important reasons for the creation of the right to claim is the right to easement to a public partnership between people, exchange of rights, rights to property, inheritance, will, and willfulness of this right, which is discussed in detail in each of these cases in more detail. Is. This article can help jurists in juggling issues as well as in the formulation of legal rules, and is a way for them to come up with this issue.

The doctrinaire individuals' opinions of lexical experts diverge from each other.Some of them don't admit to the expertise of lexical experts, and don't consider their promises solemn, except in the case of pledge; but, on the other hand, theyconsider them as the ones of testimonial type and liable to testimony; however,the most renowned doctrinaire individuals have stated some rational and relational reasons for their expertise and promise solemnity, that lexical expert is specialized in their field of study and has gained their specialty by doing research in semantics in such a manner that their expertise betokens their pledge, and in case of suspiciousness, they are considered as the specific suspicions who aren't included in the general edict of respect to the act of absolute suspicion. Jurisconsults have referred to lexical experts in most of juridical cases, even in the era of the infallibles (peace be upon them) in order to state the lexical meaning of expressions, as pioneer jurisconsults of Shiite and Sunni religions, with the assumption of their lexical expertise, have referenced lexical experts' texts as one of the ways to distinguish between reality and unreality, in that, their solemnity is innate based on intellectuals' principles in no contradiction to juridical canon (shari'a), and supporting the intellectuals' independent reason as a specific scientific reason; and it is considered as a specialized subject independent of testimony as well. Thus, with proving the expertise of the lexical individuals and their word and promise through the  intellectuals' principles, and other juridical principles, the validity of the experts' opinions will be proved.

Justice is one of the most significant principles in Islamic teachings which is ripe with ethical causes and values. Islam has put a lot of emphasis on marriage. Marriage creates rights and responsibilities for couples. The analysis of the differences of these rights in Imamiyeh Jurisprudence and article 16 of the convention on the Elimination of Discrimination against Women deserves scrutiny. This Convention has determined equal rights for couples. One of the controversial issues is the directorship of husband in family. Due to The necessity of a head or director in any society, the directorship of husband is an administrative and not authoritarian one; so wife is not obliged to obey her husband in her personal affairs. In this paper, offering a new interpretation of the concept of directorship and relating it to the economy of family, I have tried to reconcile between the convention and the rule of religion. It seems advisable for the legislators to amend the laws via understanding the principles and eliciting them from the Holy Quran, tradition and the Islamic society customs, and setting appropriate criteria.

Privacy is one of the most difficult concepts that there is no universally conceived definition of what is happening in the field of law. In Imamieh jurisprudence, there is no specific definition of religious or scholarship. From the perspective of Imamiyah jurisprudence,  there are two types of harassed investigations: one is a search for the privacy of individuals who are completely prohibited from the point of view of the jurisprudence of Imamiyya jurisprudence, and the other is the investigation against the Islamic system, which is prohibited from the point of view of the Islamic Imams. In the Quran and in the Hadiths of the Infallibles, Allah has forbidden exploration and curiosity in the affairs of others, has respected the privacy of individuals, condemned the violation of it. The inclusion of this general instruction is not specified in the exception, so that it is permissible for others to investigate the affairs of others and not be permitted to others. In general, the content and content of the verses, narrations and other arguments are used that the verdict of espionage and exploration has a certain limit and for all its examples it can not be ordered. Accordingly, from the point of view of Islam, Muslims have dignity, dignity and respect, and no one has the right to harm them. The basic principle of Islam is respect for others and non-aggression and inbreeding of them, and ultimately, the reverence for the development of what people, God and the Prophet (pbuh) Its not pleasing to the product.

Human is social and has social bonds to fulfill his needs and achieve goals, he is obliged to follow commitments and human and social contracts. Of these contracts,are job contracts between employer and employees. Having a secure and safe job and undergoing contractual interactions andattempts to strengthen these interactions and safety of contracts, is the main requirement to fulfill human needs. In the analysis of job security, contract is of great importance. Regarding writing a contract and terms of form, jurists have various opinions; some consider it oral and some written. This article aims at analyzing the form of contracts among jurists and their disagreements in regard to oral or written forms of contracts. It has been tried to explain their reasons. It is also mentioned that the agreement should be completely clear, rationale, and without any obscurity, written contracts would be safe and secure for the employer and employee.

Islam very much values human blood protection and does not allow a drop of blood to be spoiled; the Islamic Penal Code also states in Article 478 that "If the killer is not identified, Absolutely, Bayt al-Maal is responsible for Diyah." However, pursuant to Article 10 of the Civil Liability Compulsory Insurance Act covering the owners of motor vehicles against third parties, approved on September, 2013, intended to "protect victims of traffic accidents, and to cover the escaping or failed identification of the faulty party", the Physical Damage Fund is responsible for for paying the Diyah. Given the above, where the common element is "failed identification of the murderer", but the Diyah's payment entity is different, a question rises as to what is the judicial precedent on the payment of Diyah? What is the relation between the two funds? This paper concluded that, according to the 2008 judicial precedent, for the payment of Diyah in prosecutor’s office and courts, these two funds are sometimes held liable longitudinally (first, the Physical Damage fund for damages, and then Bayt al-Maal), and sometimes horizontally (both the Physical Damage fund for damages and Bayt al-Maal simultaneously). Or first the judge initially holds the Physical Damage Fund liable for paying Diyah and then holds Bayt al-Maal liable for paying the difference. However, according to the judiciary's legal department's opinion issued in 2013, these two funds are distinguished, and in the event of physical damage, the Physical Damage Fund is responsible for the payment of the Diyah, and if the killer is not identified, the dependents of the victim may refer to Bayt al-Maal to receive Diyah.

The conduct of wise one of contemporary important jurisprudence and usuil because one of is catechism main and effective in the two system of  law  Shi'a Usulis and sunni. In the juriprudens to exist many generalities and also encounter new problems.That neiter have been mentioned in the book nor in the sunnah,but they can be answered with reference to the wise. There fore, in this descriptive analytic study Shi'a  scholars and suni toward the conduct of wise was the results showd to Shi'a Usulis and sunni in the side document othere to the conduct to wise in the deduction decrees spiritual adduce but Shi'a Usulis more sunni usulis adduce and too resolve new problems and adduce legislate also the conduct of wise.also the conduct of wise can be answered  many  new problems.