نشریه دیدگاه های حقوق قضایی
پیاپی 49-50 (بهار و تابستان 1389)

In a previous article we narrated and criticized a theory that discredited the Prophetic Revelation by the religious experience despite dynamism of fiqh (Islamic Jursprudence). The present article also attempts to answer the question as to whether dynamism of Fiqh is based on updated epistemology. The viewpoint the author has dealt with believes that since Figh epistemology is part of the religious teachings related to other human teachings and these teachings are complementary, so it can evolve simultaneously with them if this epistemology coordinates itself with them. Therefore, Fiqh epistemology should proceed in the cradle of the human teachings, otherwise it would lag behind the convoy of evolution. That is why jurisprudents should further complete and update their human understanding of the universe and nature in order to acquire a more complete and updated understanding of Fiqh ramifications.

AbstractThe early Christian church refused to accept war as moral in any circumstances and until A.D. 170 Christians were forbidden to enlist. This period of extreme pacifism lasted for three centuries after Christ.During the 4th and 5th centuries Roman Society was progressively Christianized following the conversion of the emperor Constantine. The growth in the church made it difficult to maintain pacifism because Christians were no longer a minority in Society. Also, the danger posed by the barbarian invasions made defensive war seem necessary. Augustine led the way in revising Christian attitudes toward war by formulating a series of rules to regulate violence and permit believers to fight for the empire. The Just war concept is elaborated and given authority in the Christian world by Augustine. The crusades were the most obvious example of the merger between violence and holiness which took place in the medieval church. The holy war or crusade in which the moral stakes were considered so high that any action necessary to bring victory was legitimate, particularly if the war was between God's partisans and the infidels. The early Christian church refused to accept war as moral in any circumstances and until A.D. 170 Christians were forbidden to enlist. This period of extreme pacifism lasted for three centuries after Christ.

According to the constitutional law of Islamic Republic of Iran, "family is the constituent unit of the Islamic society; so, the law and plans must facilitate the formation of family, to guard its sacredness and to stabilize family relations, according to Islamic law and ethics" (Principle 10). In the direction of the principles of the constitutional law, one of the characteristics of the society in the vision of 1404, will be that the society has stable family institution. The main policies of the regime planned the road of implementing the principles and realizing the vision. So, this question is in how much is the bill of guarding family, that is submitted to the parliament by the president- July 2007, in the direction planned in the mentioned principle; and can it lead to the stability of the family (mentioned characteristic in the vision)? This paper has shown systematically the characteristics of the family in the constitutional law, the vision, and the main policies; and compared the content of the bill with them. The study has shown that the bill has some destructive procedural errors and incompleteness; and has some substantive conflicts with the criteria of the basic documents. Finally, some procedural and substantive ways and methods are proposed.

The new field of environmental law is bringing modern concepts in the literature of Iranian legal system, which among others, the Polluter Pays Principle can be refered. At first sight, it seems that this principle can be explained in the framework of liability rule, But after illustration of it s foundations and concept, we see that this principle entailes new legal system explainable as complementary element of liability rule. In this article, We have tried to consider pathologically the affirmative or negative relation of Iranian laws with Polluter-Pays Principle.The new field of environmental law is bringing modern concepts in the literature of Iranian legal system, which among others, the Polluter – Pays Principle can be refered. At first sight, it seems that this principle can be explained in the framework of liability rule, But after illustration of it s foundations and concept, we see that this principle entailes new legal system explainable as complementary element of liability rule. In this article, We have tried to consider pathologically the affirmative or negative relation of Iranian laws with Polluter-Pays Principle.

Conventional weapons are among the brutal and violent vehicles that are classified outside the category of mass destruction weapons including biological, chemical and nuclear weaponry. Indeed the definition is not convincible because conventional weaponry has no clear and specified limit. These types of weapons are mainly intended to hurt people with no considerable effect on the military strongholds. The main step toward restriction and prohibition of using conventional weaponry was taken by conclusion of the Convention on Inhumane Weaponry (1980) and its attached protocols. It should be noted that conventional weaponry has always been discussed as one of the major human rights issues.In fact the international community tried through adoption of the convention on conventional weaponry and its attached protocol to control the inhumane weapons that leave destructive and sometimes irreparable effects, in order to maintain a balance between the human considerations and human rights on the one hand and the military considerations and necessities of war on the other.

In Iranian laws there is no rule on this subject. However, in Islamic jurisprudence there are four views concerning swimming instructors’ obligation in relation to effects and means. These views have made judges disagree upon this subject. The researcher has attempted by drawing on mutual intent, the spirit of law, and usage to prove that these obligations are dependant on effects. In Iranian laws there is no rule on this subject. However, in Islamic jurisprudence there are four views concerning swimming instructors’ obligation in relation to effects and means. These views have made judges disagree upon this subject. The researcher has attempted by drawing on mutual intent, the spirit of law, and usage to prove that these obligations are dependant on effects. In Iranian laws there is no rule on this subject. However, in Islamic jurisprudence there are four views concerning swimming instructors’ obligation in relation to effects and means. These views have made judges disagree upon this subject. The researcher has attempted by drawing on mutual intent, the spirit of law, and usage to prove that these obligations are dependant on effects.

Farmletting would be of no avail where it is canceled for any reason. Legal relation between the parties would be subjected under general law of consequent ownership and the law on driving benefit or profit while the parties legal relation would be different depending on contract cancelation happened before or after cultivation. If cancelation of the contract is discovered before cultivation, farm lessor has no right other than return of the land and does not entitle to receive quantum meruit from the farmer or cultivator for no possession has been made which may required payment of quantum meruit. The principal is that of the farmer exculpation. Farmer would also has no right other than the quantum meruit for what resulted in good quality of the land. But where farmletting cancelation is discovered after cultivation ownership of the crop would subject to the seed ownership would belong the seed owner who should pay for the land quantum meruit, operation and other factors, as the case may be. Farmer has the right to order for removal of the crop.. Seed owner can also maintain the crop up to yielding.In this paper the parties rights are defined in farmletting contract with cancelation of the contract and the effects of knowledge and unawareness and parties behavior with cancelation of the contract are studied.