نشریه مطالعات فقه اسلامی و مبانی حقوق
پیاپی 32 (پاییز و زمستان 1394)

The Had punishments (fixed Islamic punishments) constitute a major part of the Islamic criminal law. This kind of the punishments which have especial characteristics, like all Islamic rules stem from logical interests and reasons. The true execution of these punishments, regarding the various conditions and aspects, have very valuable results. In the first glance, this kind of the punishments seem constant and unchangeable, but by investigation in the religious texts it becomes clear that this kind of punishments also in a very wise way have a systematic and exact flexibility, so that in several aspects like the case of proof, prosecution, inforcement and in the form of change and mitigation, the possibility of contraction and in some cases expansion is located by the Holy legislator (Allah) himself to conform with the time and location conditions

Honor crimes are amongst the widespread criminal phenomena in traditional communities like Afghanistan. Honor crimes are those that are committed mostly by men against women for protecting female relatives or avenging sexual assault on them. What is included in this writing is the study and explanation of the causes, contexts and types of honor crimes particularly in Afghanistan, the legal and jurisprudential study of which seems necessary regarding the lack of a comprehensive study on this issue in Afghanistan, while the new conditions created in the country in which we observe the sudden and eye-catching presence of women in many fields, has leaded to different types of honor- based aggressions. What are discussed in this paper as the causes of different types of honor crimes, including the crimes against body, crimes against property and crimes against public order are honor zeal, misunderstanding of religion, inappropriate or coercive marriages, dictatorship of the rulers and administrative corruption, lack of law authority and interference of informal resources in judgment.

The condition of corollary is considered as a noticeable subject in the law of contracts and has more complicated discussions among the kinds of conditions. The condition of corollary enables the parties to include in the contract in the form of condition the result of a legal action, including a contract and a unilateral transaction or a special legal action, and by mere laying down the condition without any need to another conclusion, the intended legal action or result can be achieved. If the condition of corollary doesn’t meet the public conditions of validity or the occurrence of the legal action or the law require special conditions and causes to achieve the intended result, the condition of corollary is void and the issue of its consequences is raised. The lawyers see the consequence of nullity of the condition of corollary as creation of the right of revocation for the person for the benefit of whom the condition is laid down, so that in the cases of nullity of the condition of corollary the revocation option can be considered as the principal rule. In addition, whenever nullity of the condition of corollary transmits to the goods or one on of the elements of the contract, it leads to nullity of the contract, and if the person for the benefit of whom the condition is laid down was aware of its nullity or has waived his right to revocation, the nullity of the condition would have no effect on the contract. On the other hand, the parties can substitute in the contract another guarantee such as compensation for the legal consequences of nullity.

The issue of options [in the contracts] has a special significance in Imamiyah jurisprudence and civil law and is recognized as one of the voluntary factors of dissolution of the contracts. “Partnership option” and “partition of the commodity option” are amongst the options dedicated to exchange contracts. Despite the significance of the above mentioned options, the distinction between them is not so considered by the Imamiyah jurists and lawyers and there is not a single approach towards it, so that some consider them separate while some others see partnership option as an example of partition of the commodity option. Some also hold that both these two options are meanings of the “defect option”. The authors in order to stabilize independence of the partnership option deliver an analysis of the article 441 of the Iranian civil code, according to which, whenever the partnership of a third person in the commodity is discovered or that property in some way is inseparably mixed with another, based on the partnership option a right will be created for the person who incur the loss. This research is organized for studying and analysis of the nature of the both options and explanation of their distinction from each other so that hereby the relationship between partnership option and partition of the commodity option be evaluated in the process of critique and research.

The subject matter of this research is the study of the kind of implicational relation between word and meaning and the main question is that whether the implication of meaning by word is inherent and actual or adventitious? To answer this question, the hypothesis about adventitious implicational relation of word with meaning is proved and the contrary theories are rejected in this paper. The research method in this study is descriptive – analytic by conception and statement analysis and with a critical approach. The most important findings this study has achieved are: 1. the critique of the theory of inherent implication of meaning by word; 2. the critique of the definitions of adventitious theory; 3. the critique of pledge theory; 4. the critique of the theory about inherent and adventitious implication; 5. the critique of the intermediate theory between inherent and adventitious implication; 6. The critique of the theory about creation of factual correlation; 7. The critique of the close connection theory; 8. Explanation of the theory about adventitious implicational relation of word with meaning.

One of the main approaches given attention in the “Health improvement of the administrative system and corruption fighting act 1390” is paying attention to prevention of corruption on the basis of culture making and health improvement of the administrative system according to the Islamic sources. Considering the Islamic values in the process of culture making for prevention of corruption can be very helpful and effective. Revival of the personal conscious inspired by the human making Islamic teachings can act such as a dam in front of all offences especially financial and administrative corruption which by performing effective social prevention in this field, in addition to decreasing the costs of crime for the criminal justice system, will create a perfect society and an efficient financial and administrative system. In this paper, the aspects of this issue from perspective of the above mentioned act is studied and some of the Islamic teachings used in this field are explained.