Check the authenticity of the abandonment of the right to divorce if the marriage
Mohammad
Amin Frad
Associate Professor of Shahid Madani,Azarbayjan
author
Hamid
Farshi
PhD student of law and private law
author
Mostafa
Rahmani Pachi
MA in contemporary jurisprudence and criminal law
author
text
article
2015
per
Iran's Islamic law and civil rights, the right to divorce the man. In today's society, sometimes the wife the right to divorce than couples MyBashd.sval demand abandonment is how and in what circumstances abortion or divorce can do basically is not possible.also known to be corrupt.10 is the civil law.
Jurisprudence the Essentials of the Islamic Law
University of Tehran
2008-8744
48
v.
2
no.
2015
181
200
https://jjfil.ut.ac.ir/article_57164_66b9606c15e10e534d3395d42a73e2e9.pdf
dx.doi.org/10.22059/jjfil.2015.57164
Survival in the Taking of Human of Life and Criminal Justice in Imams' Religious Jurisprudence and Iranian Criminal law
hasan
pournafrani
professor of department low in Isfahan university
author
kamran
mahmoodian esfahani
author and doctoral students of criminal law and criminology
author
text
article
2015
per
Although punishment of taking human life, But sometimes in rare despite the coroner confirmed the death of the offender by medical examiner the signs of life is appearance in loosing party. Question that arises is that there is any possibility to implement this decree? And What about the harm that he suffered against the enforcement of the punishment is? by the following of Article 438 of the Penal Code Act 1392 , Following the famous jurists The mere survival of taking of human in retaliation is unknown. according to mentioned article the possibility of execution by next of kin this is selfie. But if the first of retaliation that is run with any unauthorized, so Stop the punishment the judgment of the retaliation. In this article, additional to critically analyzes the legal basis for taking human life verified in other punishment depriving (excution , cross, stoning to death) and we've that in these punishments , if medical examiner verified death of offender and judicial official announced the correctness death of offender there is not possibility of Execution of sentence,accordingly if damage is not authorized axcution of the original judgment to be entered,
Jurisprudence the Essentials of the Islamic Law
University of Tehran
2008-8744
48
v.
2
no.
2015
201
224
https://jjfil.ut.ac.ir/article_57165_917a5ae782095f6c0f6f6ba036bc065f.pdf
dx.doi.org/10.22059/jjfil.2015.57165
A critical review of Islamic Punishment Code (enacted 1392/2013) in regard to the Rule of Interference of Retaliation
Ahmad
Hajidehabadi
Associate Professor, University of Tehran (adehabadi@ut.ac.ir). This study is sponsored by Research and Technology Deputy of Tehran University
author
text
article
2015
per
Unlike the Islamic Code (approved 1370/1991) in which no suitable attention had been paid to the rule of interference of retaliation, the Islamic Punishment Code (approved 1392/2013) has discussed this rule as well as the rule of interference of blood-moneys in details and in which some innovations may be seen. In spite of increase in the number of articles concerning this rule, some innovations in the Code are not juridicially supported and some defects and conflicts may be found in legislation which require serious revision. For example, according to the new Code, if one intentionally inflicts blows on some limb of another person while he/she does not intend to kill the former and the other person is killed, though this is considered as quasi-intentional homicide, the killer is sentenced to retaliation of limb (for limb) as well as payment of blood-money. Also, if some successive blows kill another person, the Code considers interference of retaliation of limbs and retaliation. When insuccesive blows kill some other person, however, the criminal is sentenced to retaliation for manslaughter and, in addition, he is sentenced to retaliation for committing crime on limbs except for the the slain’s limb harmed before the last crime.
Jurisprudence the Essentials of the Islamic Law
University of Tehran
2008-8744
48
v.
2
no.
2015
225
247
https://jjfil.ut.ac.ir/article_57166_66d78b4df51533f8f39e9b382f065d84.pdf
dx.doi.org/10.22059/jjfil.2015.57166
taxpayer's right in the identify and collect taxes process from shia fighh
mohammad ali
karbasiun
phd student
author
Vali
Rostami
master
author
text
article
2015
per
Abstract: Taxpayers right have to enumerate most important part of taxion law as for power and particular authority tax organization.Today this subject lionze because notation of citizen right in the taxion system of development country and they use variouse methods for it’s nomination and performance in the their taxion law. In this reaserch is tried to survey basics taxpayers rights like:right, anthropologist, islamic taxs, give compelet nothion for taxpayers ; So it studies succinct and only searcehes in the recognition and performance process because widespread taxpayers rights studies and reserches it’s sanction because of utility these right.
Jurisprudence the Essentials of the Islamic Law
University of Tehran
2008-8744
48
v.
2
no.
2015
249
281
https://jjfil.ut.ac.ir/article_57167_c558660f24495bbe932db316766242be.pdf
dx.doi.org/10.22059/jjfil.2015.57167
The study of Mozare-eh license between more than two person
Reza Ali
Karami
Assistant Professor of Payam Noor University
author
text
article
2015
per
Abstract : The study of Mozare-eh license between more than two person, in this paper we aim to contribute Development of economic activities with presentation of different perspectives based on religious arguments Through definition of Key Concepts, that has been discussed between Agree and disagree viewpoints. with reviewing the evidences ,the permission of participatory Mozare-eh between more than two person in the original contract of Mozare-eh was Strengthened and according to the strength of this word, the license of partnership in Mozare-eh between more than two person has been proven . The way of searching in this paper is descriptive analysis . Key words : mozare-eh , agent, Maalekolarz , moteamelin, development 1 – faculty member of payam noor university
Jurisprudence the Essentials of the Islamic Law
University of Tehran
2008-8744
48
v.
2
no.
2015
283
300
https://jjfil.ut.ac.ir/article_57168_5becff0f4f852ba5de82a4577c3862d5.pdf
dx.doi.org/10.22059/jjfil.2015.57168
Wife's remuneration in Fiqh and Iranian laws, reviewing The Familiy
Protection Law1391
Khadije
Moradi
Assistant Professor of Legal group in faculty of Literature and Humanities at Razi University
author
Ateke
Ghasemzade
PHD Candidate for Jurisprudence and Basics of Law at Mazandaran University
author
text
article
2015
per
Wife's daily is one of the financial rightswhich is recognized in Fiqh and laws of Iran. This is specially mentioned in 3 articles _additional note on article 336 of the civil lawthe article 6 ofamendment to divorce lawFamily Protection Law 1391 article 29 ofhas refered that to the additional note on article 336 of civil lawAccording to this Note, the wife, at any time during the marriage, has right to be paid for the remuneration of affairs which is done obbeyinghusbands commands out of her religious duties.provided that she has donethose affairs without gratuitous intention and the custom determinesremuneration for such of those affairs. Moreover, this note distinguishedthat the command of husband and gratuitous intention should be proved bythe court; according to the high limitations to prove these cercomestances,such of this restrictions could be a serious bound for the wife to achieveher financial right as to remuneration. If the court of justice can notjudge on remuneration, it's time for the paragraph B of the amendment todivorce law which accordingly wife is deserved to be paid for Nehlah
Jurisprudence the Essentials of the Islamic Law
University of Tehran
2008-8744
48
v.
2
no.
2015
301
317
https://jjfil.ut.ac.ir/article_57169_4745b653238cf84b5afe8d8c5ffc4a6e.pdf
dx.doi.org/10.22059/jjfil.2015.57169
Critical Theory Certainty of the contract
Ali
Mazhar Gharamaleki
PhD Faculty member at the University of Tehran
author
Bibi Sedigheh
Makki
PhD student at the University of Ilam
author
text
article
2015
per
This study aims to examine the issue of considering "non-suspension "as a condition for mutual and unilateral contracts. This study has gathered the different narrative and intellectual reasons presented by Jrurists and as the useless divisions have been omitted, the new classifications have been presented and evaluated.Some of the Jurists have presented evidences that "suspension" shall invalidate the contracts. This research has challenged the reasons which consider "non-suspension "as a condition for mutual and unilateral contracts, and proves that many of them are not complete. The most important reason for them is the Consensus , but we have proved that the Consensus also can not be an enough reason for this matter.
Jurisprudence the Essentials of the Islamic Law
University of Tehran
2008-8744
48
v.
2
no.
2015
319
335
https://jjfil.ut.ac.ir/article_57170_ea651cb12dbd40914c6ae2f3a58814b1.pdf
dx.doi.org/10.22059/jjfil.2015.57170
Postponing the Performance of Had (Prescribed Punishment)
Rahim
Nobahar
Faculty of Law, Shahid Beheshti University
author
text
article
2015
per
In some Islamic narrations (ahadith) it is prohibited to postpone the performance of had (prescribed punishment). By analyzing the content of these narrations, this article concludes that they are not specifically related to hodoud in its idiomatic sense, i.e. prescribed punishments as opposed to ta’zir(discretionary punishment). Indeed all punishments must be certain and performed in a reasonable and appropriate time following the conviction, whether they are had or ta’zir. Similarly, the expediencies requiring or necessitating the postponement of punishments must be taken into account as far as certainty of the punishment is observed. These expediencies are not limited to those explicitly mentioned in the narrations. What matters is that the postponement should not be a failure in the performance of punishment or not result in its cancellation. Therefore, there is no significant difference in the quality of the execution of had and ta’zir. The article also sheds a light on the order of execution of the punishments when the offender is convicted of different crimes.
Jurisprudence the Essentials of the Islamic Law
University of Tehran
2008-8744
48
v.
2
no.
2015
337
358
https://jjfil.ut.ac.ir/article_57171_035869e3c04c59bba72377b4f78fbc2c.pdf
dx.doi.org/10.22059/jjfil.2015.57171