نشریه مطالعات فقه اسلامی و مبانی حقوق
پیاپی 48 (پاییز و زمستان 1402)

Tradition after the Holy Quran, the second boiling spring of rules and knowledge, has experienced many events during its life. The existence of causes such as situation, distortion and taqiyyah, etc. in the occurrence of differences between the news, has made it necessary to critique and study the narrations, which Muslims have paid attention to from the very beginning. A look at the fundamental books of the ulema from the past to the present shows the emptiness of dealing with many effective issues in the way of interacting with the narrations, despite following the generalities of the conflict; Including the "conflict between the weak news document of the well-known practice and the correct news of the document" which is dealt with in this article in a descriptive-analytical method.conditions of authenticity and prioritize it over the weakness of the document practiced by the scholars. Others, taking into account the application of the arguments of the authority of the single news and not daring to oppose the famous, took the path of practical caution and stopping in the position of opinion. From the point of view of a symmetrical system in the validation of narrations, it seems more correct to present a weak hadith of a well-known document on the authentic news of the document in resolving the mentioned conflict.

Occasionally, there is a condition as a sale contract in which, if the buyer has a violation in paying the price, the seller has the right of cancellation of the contract. One could ask what is the substance of this condition and its option and what is the effect of the condition? Are a contract with a transfer nature that the buyer concludes is valid? If the seller rescinds the first contract by virtue of a violation by the buyer, is the restitution of the object of sale in a subsequent contract possible? By analytical-descriptive method and from legal and jurisprudential view, this research tries to come out answers to these questions and scrutinize Supreme Court No.810. This research shows that the description of the above-mentioned condition as the condition of option and option of the unfulfilled condition have fewer objections. Of course, the decision is silent about it. Although there are different legal and jurisprudential views about the effect of condition on subsequent contracts, the subsequent contracts are valid unless otherwise inferred from the reflected intention of the parties of the first contract. According to the decision, the restitution from subsequent assignees is subject to the parties' intention to the first contract.

The issue of fraudulence in the law and its effects, both in domestic law and in private international law, is one of the challenging issues, and due to the silence of the legislator, there are various points of view about it. One of the points of view about the invalidity of the fraudulent act is the result of the lack of the order of the intended effects on it, and to prove his point of view, he has cited the theory of the illegitimate direction, which has been reflected in Articles 217 and 218 of the Civil Code. Investigating these two articles, especially about their jurisprudential base and comparing and matching them with the issue of fraudulence, this article has concluded that, firstly, due to the basic conceptual and factual differences between "illegitimate direction" and "fraudulence against Law", logically, these two articles cannot be cited to discover the decree of fraudulence. Secondly, even if a reference is considered, neither the point of view of nullity of the fraudulent act nor other points of view can be used from these two articles. However, the new point of view of "the suspension of the fraudulent act" is used in these two articles.

The Ghadeer Sermon is the most important document of the authenticity of the Ahl al-Bayt school, in which the Holy Prophet spoke in detail about his succession.His words in the farewell speech and in the midst of the crowd are the most important and complete sermons that he, Ali and the imams after him introduced as their successors.This research was carried out in order to achieve the hypothesis that the rules of political jurisprudence derived from this sermon can be considered as useful and useful principles for the administration of Islamic government.This article collects information with a library method, and the data analysis used in this research is a descriptive-analytical method.The analysis of Ghadeer's sermon from the point of view of jurisprudence and politics is a new look at this sermon that has not been addressed so far, and this type of view can be a starting point for the analysis of other sermons from this point of view. This research shows that the most important jurisprudential-political rules and pillars are included in this sermon, and therefore it can be claimed that this sermon is the most political sermon that the Holy Prophet delivered during his 23 years of mission.Discussions such as the necessity of forming a government, observing the expediency of the righteous in order to preserve the essence of Islam, cooperation, under which the role of the people in the formation of the government and their political participation are discussed; It is among the results of this research.