نشریه مبانی فقهی حقوق اسلامی
سال هشتم شماره 1 (پیاپی 15، بهار و تابستان 1394)

Because as a tool to prove the truth and the reality of the law and regulations of the greatest importance. One could say that because; promote justice and peace in the community, so there is no reason or ambiguity in the proceedings, the cause of rights and justice. Necessary to achieve justice, business and the acquisition by the Ombudsman and his moral persuasion that in all areas, including criminal and civil proceedings is in force. Prashfthy legal system today, proof of contraceptive education is very important because of the law.

Sheikh Toosi considers concubine marriage appropriate and legit with permissible reasons from Quran and the tradition and states that the consensus Emamieh considers it lawful so he believes that all the laws of the permanent marriage is true for concubine one and says that although it has some differences in lawful sense with permanent marriage, but it has no difference in rules except in the "limited duration" with it. In this type of marriage, man and woman whose marriage is permitted are married and determine their marital dowry and its duration. Child from their marriage is legitimate and legal. By the completion of the marriage time they get separated without divorcing, and she stays single for a preset time after the separation, etc.However, Abu Hanifeh and his disciples believe that the legibility of this type of marriage has been terminated due to some reasons from Quran, traditions, and reason. They have even put it in one line with adultery and prostitution. They believe that the second Caliph has made concubine marriage clearly unlawful, but none of the companions made a protest against that and this shows clearly to everyone that this marriage is unlawful. Some of them make some differences between concubine marriage and temporary marriage.

Zakat (tithe) is one of the religious duties of Islam that all Islamic sects believe it. Currently, all the Islamic countries are in pursuit of the divine decree with modern scientific methods. Given that, Zakat has many dimensions. So, it can be considered from different perspectives. This causes the execution of this decree to be associated with complications. Using decision making techniques to pay and receive zakat would help to reduce confusion, and also to run much better this divine decree. The major Shiite scholars believe that paying Zakat is limited to nine items. These items include: gold, silver, raisins, dates, cows, sheep, camels, barley and wheat. While major Sunni scholars believe that  paying zakat is applicable to a lot of goods. This article is based on the Shiite perspective. In his article through reviewing the current literature about zakat, four basic measures, i.e. economic, juridical, legal and accounting were identified. Based on these four measures the hierarchical analysis model was designed. Of these four measures, economic measure consists of sub- indices. The nine items of Zakat based on the three measures of liquidity capability, storage capability and removal of basic needs were evaluated and concluded that in the current situation of the country  Zakat payers  prefer to pay their zakat in the form of good instead of  in cash, because  they believe that the value of cash for charity in high. And prefer to settle their zakat more from less valuable items. As a result, responsible persons for collecting Zakat should provide their facilities to collect Zakat from the items that are most likely to be given, as this study has shown.

Adoption is a legal institution under which a legal relationship between the spouses or the single guardian is created with the adopted child.In Iran, the law to protect unsupervised children was passed in 1974, and this law with the new title "Law for the Protection of Children and Adolescents, Orphans or with Irresponsible Parents" was amended and the former Act was repealed in 2013. According to this law, families without children or single women over thirty years old can adopt children or teens, either orphans or with irresponsible parents, if the conditions prescribed in the Act are provided.licensing the marriage between the guardian and the adopted child expressed in Article 26 of the same law, are Among the defects and problems of this law which are in conflict with the main purpose of this Act, in Article 1, the material and spiritual needs of children and adolescents.

The present study investigates the method of citation by the jurists that is based on the reference of IshaqibneAmmarabout the verdict of organ transplant after the retribution. In doing so, this library research after the introduction and reviewing the present views on the issue, challenges the different views. Finally, the study verifies referring to this citation and concludes the theory of generalization of the amputation of the criminal’s transplanted organ relating to the criminal. Despite the famous view of the jurists, the present study brings up the details between the agent of the crime and the ambiguity of the crime for amputation.

Article 504 of civil law of renting for a definite time even in hypothetical construction of building or tenant that planted the trees and seem to happen in such a way that for a long time after expiry tenancy remain as penetrating. This article about legal impossibility of forcing to tenant and suppression in lordly within time for rent and the possibility of compensate materials for proprietor tenant inaction in the case of continuation. Also, to assume tenant remaining in lordly tenets without ambiguity or basis forms; but this article on the possibility to tenant obligation and suppression after the expiry for rent, unusual candor does not become famous as this is in the absence of possibility for forcing. Present article while explaining the problem and careful investigation of the bases both probable and possible proving the theory and assumed it based on agreed standards and legal jurisprudence consideration and tries to analyze and structure this article, the contents with possibility theory forced adjustment. Linguistic analysis of article 504, using properties issues, landlord rule, using criterion article 540 of civil law of including documents proved theory are mentioned. In this research, they are examined and the attention has been taken as leave rule and harmless rule and the category of the right roots as possible reasons for the lack of compulsion are examined and criticized.