نشریه مبانی فقهی حقوق اسلامی
سال دوازدهم شماره 2 (پیاپی 24، پاییز و زمستان 1398)

The word “guarantee” in jurisprudence is a widely used term, and despite its widespread use in jurisprudence, both in its literal sense (between Imamite and Sunni jurists and in civil law and business law in Iranian law) and in its idiomatic sense, There is disagreement. By examining jurisprudence and legal books it can be concluded that there is no comprehensive meaning to this term and jurists have defined the jurisprudence on every subject of jurisprudence in relation to the subject of warrant; Iodine and... each have a separate definition. The same difference in the definition of a guarantee has led some jurists and jurists to use terms such as “obligation”, “obligation”, “responsibility” and “obligation” sometimes in the sense of guarantee and sometimes in place of each other. The present article seeks to prove the assumption that bail in jurisprudence and law means civil liability and, in an analytical manner, by referring to authentic jurisprudential and legal books, proves this hypothesis.

Technology transfer in petroleum contracts must have jurisdictional legislation and provide materials to the contracting parties therefore, it is necessary to explain the jurisprudential nature of technology transfer in these contracts. This descriptive-analytic research answers the questions that what is the jurisprudential nature of technology transfer in petroleum contracts? which of the following is in accordance with Islamic jurisprudence? After examining different types of international legal and indefinite contracts and different formats such as bye back, leasing and reward contract it was found the step four of bye back (IPC) it is very similar to lease and reward contracts. also concluded that technology transfer in Petroleum contracts is similar to leasing. The most important legal effect is that, under the terms of the contract for the lease of individuals, the contractor has no rental right of ownership, and is merely entitled to receive the remuneration provided by the service.

Marriage in Islam as a divine covenant and woman as a pillar of this holy place has a fortune. The main throne was to consolidate love in the family and support for the woman. From the viewpoint of the jurisprudents of the Imams and Sunnis, the principle of Mahri has no doubt that the main difference is in its quantity, with the vast majority of Shi'a jurisprudents having considered the abnormal feast. The mahria, which at first showed the male-female honesty, has become a problem for the family. Negative consequences of an abnormal mahria on the life of a person, family and society are not in doubt. Now, the question arises whether, according to the jurisprudential justification, the voidness of the abnormal feast can be proved? Thought on the basis of the jurisprudence of the Mahrei shows that the abnormal mahriyah is inappropriate and inappropriate for some reason, and some of its foundations are not compatible with the rules of jurisprudence. Therefore, it seems that the holy shrine is not indifferent to the amount of Mahri, and it considers some restrictions. The present study deals with documentary-librarianship methodology and descriptive-analytical approach as an arbitrator.

Today, the issue of gender change is also important in terms of legal and legal medicine. Given the fact that the legislator has not explicitly taken a decision on this issue, this is a leading challenge that can be addressed in the face of these issues. The ability to respond to them has come. Among the issues that can be mentioned in this regard is the issue of responsibility for the payment of Diyat, which in some cases the right of retribution is obligated to pay dividends before retaliation. With this explanation, is it possible for the perpetrators of the right of qisas to have an effect on the criminal and gender mutilation of the crime before and after the crime in rejecting Fadhil Diyah in deliberate crimes as well as those who pay the Diyat in pseudo-intentional crimes and pure error? In accordance with Article 167 of the Constitution, in the case of the silence of the legislator, the judge is obliged to seek a proper ruling from authentic Islamic sources and can not refuse to investigate it on the pretext of silence and legal prosecution. With this explanation, various opinions and arguments in this regard have been made by the jurisprudents that some Absolutely, they consider the act to be unlawful; in contrast, some have also accepted the permission of the practice, which ultimately can provide a unique legal remedy for the adoption of a single action procedure.

One of the most definite rules, which is widely accepted by all the principles and jurisprudents, and even the clique in rejecting divine allegiances, is based on the rule of law, according to this rule, if a person is at his own discretion The urgent need for the prohibited verb or the termination of the verb, this urgency does not lead to the abolition of the Eagle and its religious and criminal responsibility. The most important reason for proving this rule, along with the guidance of the guidance of some verses, is the verdict of reason to the correctness of the coexistence and manifestation of the title of deserving the eagle affected by the original authority. The only disagreement among those who are involved in this rule is its inclusion in the position of the person and the duty of the Eagle, which, based on the evidence of the power in the Eagle's privilege, seems to be the monopoly of the lack of tolerance. In terms of adaptation and legal application, it can be said that its major application is in the Islamic Penal Code.

In public jurisprudence, there is an institution called divorce, which is similar to a divorce lawyer. According to this institution, the couple has the right to divorce fully and completely to the wife, and the wife is separated by one of the words of the delegation and the execution of the slogan of the delegation of their own couple. In fact, in practice, the act is carried out on the request of the wife and for herself. According to the religious scholars of Sunni religions, there is a difference of opinion, but there are disagreements in the details of it, and for the most important of them, verses 28 and 29 of Surah al-Mobarakeh, the parties and the worship of the Prophet's women (pbuh) He is separated from the Prophet (PBUH). In Imamieh jurisprudence, the divorce authority is accepted by a number of jurisprudents, while the famous view is the disjunction of this legal entity. Civil law of Iran, in Article 1119 of the Constitution of the Republic of Iran, conditionally and in Article 1138 of the Constitution, generally accepts the lawfulness of a wife in divorce, and this is, according to the well-known jurisprudents of Imam Ali, authorized to do so. This research by analytical-descriptive method, by studying the library, will try to explain the issues and issues involved.

One of the issues of interest in the noble religion of Islam is the observance and protection of human, animal and plant rights. According to the jurisprudential principle of respect, which is referred to as “respect for property and practice of Islam”, it has been instituted in support of Muslim practice and to prevent the rape of others, and states that acts of a Muslim such as his are respected and respected In fact, the practice of a Muslim is considered equivalent to his property and must be paid in return for the Muslim's practice and others cannot benefit from the service without paying the Muslim's One of the principles of this rule is to obtain a proverb from the Prophet (pbuh), since the Prophet (pbuh) is the guardian of the property of the orphans and is in charge of the care of the orphan, he is respected and therefore can be exonerated. He removes the saying from the orphanage and among the jurisprudents of the Imamiyyah No one denies that the proverb is not permitted. In this descriptive-analytical method, referring to the documents of Imam Khomeini and the well-known jurists in a descriptive-analytical manner, referring to the documentary and library sources, the fact is that Imam Khomeini (RH) absolutely permits. Obtaining the proverb is by the testator, and according to their view there is no difference in obtaining the proverb by the poor and the rich.