مجله مطالعات فقه و حقوق اسلامی
پیاپی 2 (تابستان 1389)

The husband can inherit his wife’s properties and financial rights، but there are different ideas in the kinds of properties of which a wife can inherit. Some believe that according to the text of Quran، a wife can inherit from the whole properties، while others believe in wife’s deprivation from some properties and the last group believe in distinguishing between the wife who owns a child and the one who does not own child. The wife who owns a child inherits from the whole properties but the one who does not own a child is prohibited from some properties. According to the popular idea of Imamiye jurisprudents the wife inherits from the price of the building and tree، not the commodities themselves which is supported by the Article 946 of civil code. But under the amendment of Art. 946 in 1387 (2009)، the wife will be deprived of the commodity itself، but not from its price. This paper prefers the first opinion over others and says it is necessary to change the civil law in this case.

The penal legal procedure is a certain mechanism to find out the crime with respect to the behavior of the accused and the guilty. This mechanism must ensure the principles which guarantee justice and fairness، and provide the individual rights and freedoms that are the extreme goal of every just fair legal procedure. So in the proper execution of Islamic commands، the necessity of observing the citizenship rights، guarding human greatness and other principles related to rights of the accused necessitates that the accused would have the minimum guaranty in such a way that his/her individual rights and freedoms are not in jeopardy. The goal of this article is to investigate the special rights of accused in Islamic legal procedure، regardless of the natural human rights in the Islamic legal procedure. Therefore it is attempted to extract the principles and guaranties providing the rights of accused from the source of commands deduction and judgments of jurisprudence.

Derivation of Laws from various sources and agitation in legislation and lack of experience on the part of the legislator have caused disorder among legal items in some cases. It has led to ambiguities that made the scope of law institution unclear، so that the efforts of the lawyers to clarify the concepts and scope of the terms have failed. There are three terms in Iranian penal code: Ezen (permission)، consent، and exemption clause whose scope is so vague that indeed physicians resort to and insert both consent and exemption clauses in medical contracts. Therefore recognizing each institution، their effect and distinction seems to be essential.

One of the today’s modern life phenomenons is the construction of trade and residential buildings vertically in complexes and selling them before completion which preliminarily results in making innovative and new contracts known as “Construction Contracts”. Knowledge concerning the quality and quantity of these contracts which are proliferating every day is an unavoidable necessity especially for lawyers. Doubt comes from this fact that presale''s subject matter is neither present nor definite، and so this kind of contract lacks one of its essential elements. On these bases، different theories will be analyzed in the specific definite contracts to justify them، discussed in the following lines. Finally some practical suggestions will be given to solve the related problems.

The principle and primary judgment of intentional murder is retaliation. One of the exceptions of this general principle is the murder of the child by father. This issue has been taken into consideration in religious jurisprudence and Iranian criminal laws. Whether this judgment is peculiar to father and grandfather or involves mother is disputed. The elements which constitute this institution، are the legal material and moral elements in Iranian criminal law. There are two different views regarding the bases of exception of father from retaliation، but the reasoning of the proponents seems to be more logical and acceptable. In shi’as jurisprudence for exception of father from retaliation in murdering the child’ the invoke has been made to evidences: A) book (Quran) B) traditions C) words of Islamic jurists. There are disagreements among the jurists that whether the grandfather or mother joins the exception of father from killing the child. The majority new to the consensus has accepted the joining of grandfather to the exception judgment and regarding the joining of mother to the exception judgment there is a serious disagreement among which the view of proponents of joining seems to be more logical.

Although trafficking in women have a long history، it has changed into an organized activity in recent decades and due to lack of comprehensive and preventive laws in national and international level and executive guarantee for the existing laws، it has turned into a global phenomenon، called the modern slavery. This article clarifies the concept of trafficking and its characteristics. It also investigates whether trafficking in women for prostitution is in accordance with which criminal law in Islamic jurisprudence penal the pimp، human trading، warfare، or corruption on the earth. In the end، the regulations and international documents and current conventions about trafficking in women and our country’s domestic law regarding this issue are dealt with.

This paper attempts to examine multilaterally the possibility of considering intent of the object order subjugation، and whether it is basically possible for religious lawgiver to consider this quality into his reason language and order object? Intent of the order subjugation means that the motive of the obliged is to observe the obligatory rule just for subjugating the divine order and intent of telo is done due to master''s order. Generally opinions of ulama maintains its essential impossibility and know no possible credit for that requirement as lawgiving and/or ordering related to master in contract. Some other maintains impossibility related to obliged subjugation on the behalf of the servant. While one can escape from difficulties resulting Ulama''s maintenance to its essential impossibility or otherwise and proves possibility of intent of order subjugation in object.