Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate ...
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The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate from the general civil responsibility has been formed; But in domestic law, in the existing doctrine, a consensus has been formed in the inadequacy of the general rules of responsibility in this area; The consensus that believes in the separation of the nature of personal losses from environmental losses and the necessity of constant compensation for these types of losses, but what is different is the justification basis for this responsibility. In the first presented views, some jurists have introduced risk theory as a justifying factor; But some others have tried either by referring to scattered jurisprudential texts which, in their view, indicate unconditional responsibility in public spheres, or by referring to the jurisprudential rule of respect for property, which is both the rule of loss and non-loss, to provide maximum support for pure liability. Accept from the environment. A group also considered the growing social needs to be sufficient for designing an exceptional system of responsibility in this field, and believed in establishing a system of pure responsibility by the legislator
Criminal Law and Criminology
Asma Seid Yousefi
Abstract
The proposed study was conducted with the aim of a comparative study of separation in the Iranian legal system. Since this research is legal, the research method in this article is descriptive- analytical and the data collection method is library- based documentary. In this study, the question was raised ...
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The proposed study was conducted with the aim of a comparative study of separation in the Iranian legal system. Since this research is legal, the research method in this article is descriptive- analytical and the data collection method is library- based documentary. In this study, the question was raised what is the nature and rules and regulations regarding dismissal in the Iranian legal system. Likewise, some challenges related to one of the most prominent legal issues, namely the dismissal order, have been raised. Ambiguity, conciseness and imperfection of laws and regulations, as well as the lack of judicial procedure in this regard, while addressing the nature of the dismissal sentence, certainty or uncertainty, the quality of its execution and the scope of the sentence and the practical obstacles to it according to the mechanisms set forth in the political law and the political-legal structure of the Islamic Republic have been examined. They move from sensitive positions or geographical locations so that the employee's family order is not endangered in terms of livelihood and economy.
Private Law
Mehrangiz Karimi
Abstract
One of the most significant and vital issues, the discussions of which have always been concerned by the jurists of Islamic religions and consequently, the civil law, is the nature and issues arranged on the relatives’ alimony. Generally speaking, the relatives’ alimony has numerous branches. ...
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One of the most significant and vital issues, the discussions of which have always been concerned by the jurists of Islamic religions and consequently, the civil law, is the nature and issues arranged on the relatives’ alimony. Generally speaking, the relatives’ alimony has numerous branches. Discussing the amount of relatives’ alimony, the benefactors numbers, the number of against benefactors, the almsgiving order, the conditions for almsgiving necessity and other basic issues are among which are addressed from the viewpoint of Islamic jurists and the articles of Iranian civil law. In this research, which has been conducted by descriptive-analytical method, has been achieved by following Iranian law and general jurisprudence and also by using legal texts. Almsgiving means providing normal expenses of the wife and relatives in need. Marriage and wife’s obedience are two conditions for husband to be obligated to almsgiving. He has to pay her expenses. His poverty does not prevent him paying for his wife. Relative kinship between family members has caused parents and children to pay for each other's living expenses. If people are unable to earn enough money due to lack of work or disability, a financially able relative should pay for the livelihood of their poor relatives.
Private Law
Mohamad Mohsen Karami
Abstract
Among the contracts or agreements in civil law, there are some in which an object is placed against the other (i.e. another obligation) and each of them is relied on the other. The significance of these contracts and their common feature, which is the reciprocity of exchanges, has forced the researcher ...
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Among the contracts or agreements in civil law, there are some in which an object is placed against the other (i.e. another obligation) and each of them is relied on the other. The significance of these contracts and their common feature, which is the reciprocity of exchanges, has forced the researcher to investigate this feature and its issues.The contract’s termination due to the insolvency option and also contractual termination based on the option of price delay in the sale contract as a obvious sample of exchange contracts and the obligation of the obligee to fulfill the obligation are also included. Execution of reciprocal obligations provide for execution of guarantees in the contract such as inserting the obligation in the contract or granting the termination right in the case of obligation non-fulfillment by the obligor.Predicting the termination right is useful since in Iranian law, following Imami jurisprudence, violating the contract is not a license to terminate the contract, however a guarantee of the initial implementation of the other party's obligation to fulfill the obligation, but this rule is not mandatory and the parties can the contract stipulates which non-fulfillment of any obligation leads to a termination right for the other party.
