نشریه مطالعات فقه اسلامی و مبانی حقوق
پیاپی 28 (پاییز و زمستان 1392)

The legislator of Iran, in artcle 1035 of civil law, has talked about the non-obligatory of fulflling promises of marriage. here is a confict between the jurists about the intenton and meaning of legislator. One view says that commitment to marriage is diferent than marriage promise and it could be necessary in some circumstances. However another view sees the promise of marriage as a contract that creates the commitment to marriage and says the legislator is denying the necessity of any commitments. This artcle, while is for necessity of commitment and tries to fnd a resoluton which will be in accordance to Imami’s jurisprudence, discusses the jurisprudental and legal aspects of this mater. The conclusion is that the legal form chosen for marriage commitment has importance in resolving this mater. If the commitment is in a form of peace, conditons along with Commitment, and even in an unknown form, it will become part of the generally accepted commitments and it will be obligatory; whereas one one-way forms and commitment, based on the common view point, will not be obligatory.

What today’s human world is extremely in need of is the interacton and communicaton of religions for reducing the empty gaps between them and sofening the hearts of their followers and unifying their movement towards prosperity. It is so that the Holy Quran tells the Prophet (s.a.w) that: “We did not send you except as a bearer of good news and warner to all mankind” (Surah 34, Sab’a); it is because being universal and being for everyone from any race, place or faith are the unique features of the holy religion of Islam. Insultng the saints of any divine religions by followers of another religion will bring the relatonships of religions to a deadend; whereas respecting and reverencing them will set a good background for tghtening relatons and sympathetc of religions or understanding the path of Truth and it has positve and productve efects. Knowing the rules of the divine religions for insultng saints of others will reduce the amount of confrontng and arguing among diferent religions and it will stop them from doing so.This artcle, by studying the basis and reasons of the Imami jurisprudence, shows that insultng other divine religions’ saints beside Islam is also forbidden and is one of the major sins and the relatons between Muslims and nonMuslims has to be based on respect, kindness, religious tolerance, freedom of thought and speech, understanding audience, understanding the language and the holy scriptures of other religions and peaceful coexistence.

The Usul al-figh is the knowledge for deducting the legal rules based on sources. The Sunnites’ books of Usul are written in two ways: Theologian way and Jurists way. Theologians have set the principles of Usul so that the jurisprudence laws could derivate from it and the Jurists have deducted the principles of Usul from Jurisprudence. Some have chosen the second method and others have mixed the two ethod and came up with a third one. Subsidiarity of ancillaries based on Usul is another specific knowledge along the Usul that Jurists spend time on it. The Shite’s Usul scholars have written their Usul books based on the theologians method.

The Brief Review of the Elzam (requirement) Principle1 Abstract This principle’s scope includes different schools of jurisprudence beside the Islamic and divine beliefs, such as non-divine religions and non-religious people, like the polytheists and the idolaters. Generally speaking it should be said: beside the personal rights and prayers, the Islam talks about social principles and it’s behavior towards other religions has been a decent and fair attitude at any given time and it has ordered adherence and troth among Muslims and non-Muslims and side of accepting the personal and social rights of the non-Muslims, it has been emphasizing on the importance of the rights of their belongings as well since the early ages.

The state terrorism is among the most important tools in the U.S.A’s foreign policy which has been appeared in many different forms after the incident of September 11. Supporting the insurgents Against the legal and democratic government of Aristide at Haiti for an excuse of making democracy till a military support of the militias and terrorism based government of Columbia for an excuse of fighting drugs and countering Communist guerillas known as FARC, and a clear military interference in Iraq and Afghanistan are the most clear examples. Unfortunately the American’s attack on Afghanistan has been labeled as a war against terrorism and elimination of the Taliban and Al-Qaeda and in Iraq as setting democracy and freedom and freeing people from Saddam’s government, or the use of torture and violating human rights at the Abu Gharib prison, whereas in reality it has been resulted in promotion of terrorism.

The Incapables, due to their incapability of handling or managing finances, are supported from different ways. They are not allowed to take position of their property or financial rights and their possession of property is effect less and invalid but managing and handling their properties and supporting their financial needs from their belongings is unavoidable. Therefore we are in need of a system for the two important social needs of the Incapables. Securement of the financial needs and interests of the Incapables requires that some people as their representative become responsible to manage and handle their properties and financial rights. This institution is called “Velayat Dar Mal” (Guardianship in Property) in Islamic jurisprudence and law. This article tries to explain the Islamic system of managing the Incapables properties and its differences among the various religious jurisprudence, based on Islamic jurisprudence texts, legal sources and the law of some Islamic countries.

The affective and useful activities of the Islamic Human Rights Commission, Divan Edalat Edari (Official Justice Court), State General Inspection Organization, the Islamic Consultative Assembly’s article 90 commission, establishment of a national institution (Article 99 of law on citizenship) which its duties are education and promotions of citizenship rights, informing civil rights domestically and internationally, observing civil rights enforcement and investigating complaints, can all be pointed out as the support of civil rights. Legislated freedoms that are according to the teachings of the holy Sharia of Islam are respectable and performing in contrary of it will be criticized and it will be held liable for criminal penalties. The mission of setting a law is to have an educational aspect in factional politics and it causes the society to set values and its tools are very crucial. Once the government approval in the month of Tir 1383, the civil rights and national institution establishment was announced by the government spokesman and all the governmental units got responsible to cooperate with them.