نشریه مبانی فقهی حقوق اسلامی
سال سیزدهم شماره 2 (پیاپی 26، پاییز و زمستان 1399)

How are the social aspects of a school depicted at a historical juncture, and what role can jurists play in these aspects? In order to reach the answer to this question, in the model of juridical school of Hillah, with a descriptive-analytical approach, it examines historical reports and jurisprudential and principled propositions. This essay first depicts the social phenomena that stood in front of the jurists of the Hillah school; Phenomena such as the Mongol War, popular uprisings against the Mongols, saviorism, tribalism, the multiplicity of religions and sects, the political and economic geographical location of Hillah, and the background of the social status of the Hillah jurists. Then he observes the scientific and practical works and activities of the jurists of Hillah in the social aspects with regard to this space. The result of this observation is the inference of the four aspects of "spirituality", "education", "reasoning rationalism" and "social interaction" and their types and varieties. In the final analysis, it is stated that the jurists, according to the principles of Sharia and doctrinal principles, succeeded in reforming and social guidance in a way that was more principled and broader than many rival governmental and social achievements. This success brought with it another double and reciprocal success, and that is the dynamism and development of the branches of jurisprudence, the principles of jurisprudence and the theological(kalam) foundations of Shia jurisprudence.

The main purpose of this dissertation is to Analyze of judicial divorce foundation to check the defects. Hence, judicial divorce foundation should be in a way that it is according to legal standards and the protection of women's rights and supports the foundation of the family. Finally, it was concluded that the 'asr va haraj (hardship and harm) mentioned in verses of Holy Quran and narrations cannot be a general rule, but the rejection of haraj or harm was more justification for the judgments. Also, its application in the family ground leads to an increase divorce in society, which is inconsistent with both religious standards and social policy. Therefore, according to necessity of supporting the wife, the necessity of accordance with religious standards, And also support in the principle of family solidarity, the husband's requirement for enact duties and the rule of "the governor is legal guardian for refuse" are more appropriate.

The need for today's society and the need for consumers to be informed of the basic commodity information have led the lawyers to propose a "commitment to provide information in the contract" theory. Based on this theory, the party that is aware of the contract is obligated to provide the uninformed party with information about the subject of the contract. Certainly, part of this information is dedicated to the dangers and disadvantages of the correct and incorrect use of the goods; therefore, silence can give rise to the responsibility of the supplier or the manufacturer of the goods, and the provision of information can be taken away as a liability. This concept is akin to the abundance of altruism, since under this rule, any warning and inerrancy results in the elimination of responsibility. Therefore, the main question of the present research can be summarized as follows: the ways of sharing and differentiating the underlying principle and the obligation to provide information. We arrive at the results that there is a general and absolute relation between the inertia and the obligation to provide information.

According to the viewpoint of the majority of “Imamieh Jurists”, in the presumption of death of legatee before the rejection or acceptance of the will, the right to reject or accept a will is inherited to the legatee’s heirs. Against, the other viewpoint distinguished between the death of legatee after and before the death of testator and they are believed that in the first case, the will is void and in the latter, the right to accept or reject is inherited. Most Sunni jurists have accepted this view. Some jurists say if testator intend the will for only legatee, right of acceptance or rejection of this will don't transfer to his heirs unless the testator intention is to transfer the right of acceptance or rejection. Article 21 of the Egyptian Code of Will accepted the transfer of the right of acceptance or rejection the legatee heirs absolutely, but Iranian law does not have a clear statement in this regard. In this research, after studying the points of view about inheritance of the right of acceptance or rejection of the will and the reasons of proponents and opponents of each views in Islam Jurisprudence, Egypt Law and Iranian Law, The result is that in Iranian Law, the inheritance of the right of acceptance or rejection of the will can be accepted absolutely; unless, the testator intend to will just for legatee, so that, the will is dissolved as a result of legatee’s death.

Waqf can be considered as one of the good traditions of Islamic societies, which of course has existed in other forms in other societies as well, which shows that this good tradition is also rooted in the pure nature of humanity. It has created the illusion that time should be spent only on this property, which has deprived the endowment institution of a large part of the wealth in society, which is the current credit money. Feasibility study of endowment of credit money, which is in fact the money of our time and its license is in Islamic jurisprudence, And the importance of this issue is due to the fact that it is not taken into account in the laws, and for this reason, we have examined the opinions and reasons of the proponents and opponents in this field and it was seen that it is possible to dedicate credit money in jurisprudence.

The futures contract is the contract that the customer pays for at the time of the contract but receives the (future) goods at the specified time. One of the important precepts that should be considered in the futures contract is whether the followers need to specify a specific location or not to determine the location for the position. The implication of the argument here is that if location determination is necessary in the event of non-location determination by the successors of the contract, then if the location is not a condition, it will not be valid if the location is not determined and the contract will be valid. Article 375 of the Civil Code, which refers to the issue of place of surrender, generally states: "The place of surrender shall be in the place where the marriage contract is to be held unless the custom and practice are appropriate to the place of surrender or at the same time. A special place for surrender has to be determined. " In jurisprudence about whether there is a specific place in the predetermined contract of marriage between the Shiite and Sunni jurists there are five quotes that this article describes descriptively and by arguing for acceptance or rejection based on jurisprudence and civil law. he does.

Shofeh in jurisprudence and article 808 means the right of each of the copartner in obtaining the partnership in case of exchange of exchange with his copartner for the payment of the price. Shofeh is current in immovable property that cannot be divided, and there is a difference between jurists in movable and immovable property that cannot be divided. This research has been done in a descriptive-analytical way and seeks to answer questions such as: "What is the jurisprudential basis of the right of Shofeh in cases of movable and immovable property that cannot be divided?" and so on. Regarding the background of the research, it should be said that several research studies include: the conditions for obtaining intercession in the subject law of Iran and Imami jurisprudence from Fakhreddin Asghari, the principles Shofeh on jurisprudence in movable property from the perspective of Islamic religions from Morteza Rahimi, omparative study Shofeh in Sunni jurisprudence And the rights of Iran have been exercised by Sadegh Soltanpour, etc. But the difference between the present study and the mentioned cases in proving the right of shofeh in over transferable property and Non-transferable property Indivisible based on jurisprudential reasons, while that research, looking for proving the lack of right of shofeh in over transferable property and Non-transferable property Indivisible. The result is that obtaining Shofeh in movable and immovable, property that is indivisible in the four reasons of jurisprudence (books, traditions, consensus and reason) is fixed

Warlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psychologically and medically able to bear the punishment, so it remains to be seen whether, given the importance and severity of these two crimes, mental, psychological and medical disabilities can to be considered as just agents of punishment? This fundamental question provides the basis for independent research. Well-known jurists do not consider Muscat as a punishment for some mental illnesses such as insanity. However, the well-known arguments in this regard seem to be insufficient and are in conflict with some other arguments. Despite the innovation, the Islamic Penal Code and the Code of Criminal Procedure also have shortcomings. Therefore, the research hypothesis is that psychological problems, including insanity, which are confirmed by specialized doctors, can be the cause of the fall or conversion of the perpetrators of warlords and corruption on earth. The research method is descriptive-analytical using library resources.

Islamic jurists do not agree on the punishment of fathers and grandfathers for killing their children. In this article, the opinions and views of the jurists of Islamic religions in this field will be examined in a descriptive and analytical manner. In Imami jurisprudence, jurists believe that the father is not retaliated for killing his son. In order not to retaliate against the father, they have relied on narrations, consensus and the reason for being active for the child. According to the narrations, Shafi'i, Hanbali and Hanafi jurists believe that the father has the right of guardianship over the child and the rule is that the father should not retaliate for killing the child. But Maliki's jurists have detailed that the father will be punished if he intends to kill his son. Regarding the punishment of the paternal ancestor, the famous Imami jurists consider the paternal ancestor to be attached to the father and do not consider him deserving of retribution. However, in Sunni jurisprudence, some jurists believe that paternal ancestry is not retaliated against, and others, including Hassan ibn Hayy, believe in retaliation for paternal ancestry. Malikiyah is also detailed in the ruling of the ancestor. Regarding the punishment of the mother, the famous Imami jurists believe in the punishment of retribution, but the Sunni jurists believe that the mother is not punished like the father.

The issue of right is one of the fundamental issues of human social life. Human beings claim different rights to achieve their interests and goals. Rights, some of which are natural and developmental and some of which are credit. Irrespective of developmental rights, most of the rights that human beings have, which are especially discussed in jurisprudence and law, are credit rights. One of the serious issues in the philosophy of law and politics is the study of the origin of credit rights, what is the origin of credit rights and basically what inventory can forge credit rights. The present article seeks to examine the most important views on the origin of credit rights and explain the preferred view in this regard. In this study, four sources, namely God, subject law, contract and custom, have been examined and finally it has been concluded that God is the source of credit rights in jurisprudence, law and politics.

Testifying to a Muslim person for infidelity, including mental and religious infidelity, is one of the controversial topics in the jurisprudence of will. There is a dispute among the Imamiyyah jurists as to whether or not a will is permissible for a Muslim infidel and a disbeliever. Some jurists believe that it is not permissible for a Muslim to testify against an infidel and some believe that it is not permissible for a Muslim to testify against an infidel, each of which has its own proof of the Holy Quran and narrations.However, according to Article 958 of the Civil Code, a will can be considered permissible for an infidel. . There is nothing in the legal texts about the will for the infide In this article, the authors have tried to evaluate the viewpoints of the jurists in a descriptive-analytic way by referring to the library sources in comparison to Imam Khomeini's views on the validity or inaccuracy of the will of the Muslim for the infidel and the infidel. And examine the evidence of each view. The result is that in the matter of will for the infidel and the national apostate, Imam Khomeini believes in the correctness of the will for them, and in the matter of testifying for the infidel, he has chosen the position of silence and made the discussion a reflection.

Article 4 of the constitution emphasizes the teachings of the Islamic Shariah in establishing rules and activities of the state. Since, in the jurisprudential perspective, the issue of crime prevention has been emphasized in various forms without the use of modern-day legal terms, such as the introduction of forbidden, obscenity barriers, and the prohibition of evil, thus citing paragraph 5 of Article One hundred and fifty. And the six constitutions make one of the tasks of the judiciary appropriate to prevent crime. Our studies show that the structure and decisions of the judiciary on crime prevention are shaped by cultural and social prevention, situational prevention, security and law enforcement, judicial prevention, The public prevention, and civil participation. Research findings indicate that despite the success of this device in establishing the organizational structure of crime prevention, there are serious challenges and significant short comings in this field in the social field.