عبدالجبار زرگوش نسب

One of the distinct characteristics of a joint-stock company is having an independent juridical personality, and the existence of eligibility, right to file a lawsuit, residence, citizenship, and independent rights and obligations are among the effects of this juridical personality, which according to some jurists, the existence of such effects is only for human beings. and they cannot be considered as a credit entity and the assumption of legal personality does not absolve the responsibility of partners and shareholders from the point of view of jurisprudence, but another opinion is that the credit of having an independent legal personality for a joint stock company does not exclude the nature of jurisprudential companies, but some jurists, instead of accepting or rejecting the absolute juridical personality of a joint-stock company, consider it a juridical personality with limited liability. The present article, which uses a descriptive-analytical method, while expressing and criticizing views about the juridical personality of a joint-stock company and its effects from the perspective of the parties' jurisprudence and law, believes that with a detailed analysis of "Dhamma" (responsibility) it is possible to establish the existence of a juridical personality in Islamic jurisprudence proved and accepted that just as pact is a description of human beings, it does not prevent this description to be applied to non-humans (stock company) as well, and accordingly, it considered the works of such a person to be in accordance with jurisprudence standards.

Tazirate Mansoose Shari (the determined punishment in Sharia) is a new concept which has been added to the Iranian new Islamic penal code in Note 2 of Article 115. This kind of Tazirat is exempt from the Statute of Limitations and other leniency foundations. There is no special definition for Tazirate Mansoose in the Act. Therefore, there is some ambiguity in the concept and subject of this kind of punishment. The reason is that there may be difficult to find the difference between the definition of Tazirat Mansoos and the concept of Had (Determined punishment in Sharia in quality and quantity) as outlined in Article 15 of the Islamic penal code, leading to some serious problem in the point of view of Sharia. In this study, we initially criticized the concept of this kind of tazirat and its differences from Hodood, and then examined the application of the Statute of Limitations in this kind of punishment in the point of view of Sharia. The evidence for including the Statute of Limitations for this kind of punishment consist of: denying the Rule of Previous Right, on which the denial of the Statute of Limitations has been established; punishment based on the dissension of the judge; prevention of disorder in the System; and finally, the rule of due and no hurdle, which is based on the existence of secondary dissension in Tazirate Mansoos.

Abortion may be motivated by the concealment of the heinous act of adultery and the preservation of family honor, the necessity of saving the mother's life when the continuation of pregnancy threatens the life of the mother or the fetus, the prevention of the transmission of genetic disorders like hemophilia, the avoidance of the birth of a malformed child, the prevention of the inheritance of genetic traits, and so on. The religious ruling (hukm) on the physician's responsibility can be studied from two perspectives. First, the legal (wad'i) ruling and the physician's responsibility in abortion, which varies based on the physician's knowledge, skills, and competence. Second, the ethical (taklifi) ruling on the physician, which differs based on the motivations for the abortion. In this regard, the ethical ruling and the physician's responsibility or exemption from responsibility are contingent on the legitimacy or illegitimacy of the abortion. According to some jurists, the necessary causes and circumstances justifying the abortion must be conclusively established, and the resulting benefits must outweigh the prohibition. Therefore, understanding the legal and ethical rulings on the physician and the resulting responsibilities in the aforementioned cases is deemed necessary. The present paper, recruiting a descriptive-analytical approach, examines the physician's and medical staff's responsibility regarding abortion in various cases.

The terms “yuḥibbu” (he loves) and “mā ʾuḥibbu” (I do not love), and similar expressions are frequently used in Āyahs and narrations cited by jurisconsults. These terms are related to the voluntary action of a Mukallaf (person responsible for his religious duties), which is the subject of the field of jurisprudence. Therefore, a question is raised of whether their meanings and applications in Qurʾan, Sunnah, and the jurisconsults’ expressions can be derived independent of clues and based on the context and their literal meanings. The present research considers the literal meanings of these terms and systematically analyzes the instances of using their derivatives in Qurʾan and Sunnah. The study also explores and reflects on the writings of Imāmī jurisconsults and provides a descriptive and analytical overview of the functions of these terms. It seems that When the optional action is loved with the Divine sources, it is the reason for the permission and preferring of the action. On the other hand, the lack of divine love (approval) indicates the impermissibility of the action from the Mukallaf (person responsible for his religious duties).

The most significant jurisprudential challenge regarding joint-stock companies lies in identifying their nature and position among Islamic jurisprudential company models, as well as determining whether a joint-stock company is a contractual agreement or merely an organization formed for conducting business with the assets of a group of shareholders. Among jurists and legal experts, there is a lack of consensus on this issue. Even if the theory of joint-stock companies being a contractual agreement is favored, difficulties arise in aligning this company type with jurisprudential company models. Key obstacles to accepting joint-stock companies as contracts include the existence of assets distinct from the shareholders’ personal assets, the independent legal personality of the company, the mandatory regulations governing company management, and shareholders' adherence to majority decisions.According to contemporary jurists, among Islamic contracts and company models, ‘inan partnerships and mudarabah contracts share the closest structural similarities with joint-stock companies. However, the emphasis of commercial law on selecting board members exclusively from among the shareholders presents a significant challenge to aligning joint-stock companies with mudarabah and ‘inan contracts.This descriptive-analytical study concludes that while aligning joint-stock companies with the ‘inan partnership is feasible, considering them as a new and innovative partnership contract, based on the principle of validity and freedom to enter into legitimate contracts, is more justifiable than other approaches.

"Yanbaghī" and "lā-yanbaghī" are among the most frequently used expressions in the narrations that lexically, their root means "demand", "permission", "worthiness", "ability", and "becoming simplified". Its derivatives in the Holy Quran have these meanings too. Using a descriptive-analytical method, this study deals with the expressions' narrative usages, the necessity of conceptology, and the analysis of their meaning. It seems that there is no dispute about the meaning of "Yanbaghī" as the obligational permission.  Still, Imamites' jurists have no agreement on the denotation of " lā-yanbaghī". By examining the lexical sources, studying the narrative uses of the expression, and considering its usages, it becomes clear that it is mostly used in prohibition. By considering this excessive use, the understanding following it, and also some narratives confirming that the lexical root mostly signifies prohibition, it may be possible to insist on its denotation as the abomination. Some lexicologists have assumed for " lā-yanbaghī" a common meaning including lack of ability and lack of easiness. So, they interpret it as a lack of competence and incapability

This research has investigated the inheritance of the dead in an accident and the unknown date of death of each of them in terms of Imami jurisprudence and the legal system of Iran, Egypt and Iraq. The condition of inheritance is the life of the heir, even a moment after the death of the heir, and the rest of the cases, that is, when several people have died at the same time, there will be no inheritance among them. Contrary to the above principle, is the life of the heir, it is after the death of the heir. According to this ruling, persons who have died due to drowning, and the date or precedence of which is not known, are inherited. Considering the importance of the circle of heirs and considering the public rights of the people, the present study has been written by referring to jurisprudential texts and collecting the opinions of Imami jurists, general jurists and jurists with a descriptive-analytical approach and explaining comprehensiveness or lack thereof. The above sentence has been extended to similar cases.

The present research consists of two parts; the first deals with the ordinal judgment and physician liability in committing abortion on the basis of awareness or unawareness, skilled and non-skilled of the physician. The second part is the assigned verdict of the doctor and on the basis of the motive of abortion it has various types. The motive of abortion may be for hiding adultery or keeping the honor of the family, may be for the saving of the mother while pregnancy may threaten the life of the mother, the gene or both, may be to prevent the expansion of blood diseases such as hemophilia, to prevent the birth of an abnormal child, to prevent the transition of the hereditary characteristics and etc. in the other word, the assigned verdict, and liability or acquittal of the physician will be subjected to the legality or illegality of the abortion. Some jurists believe that the reasons and causes of the abortion must be certainly approved and the results have to be certain and policy derived from it has to be superior to the prohibited policy. As today the abortion by doctors happen a lot and the society daily experience it, therefore, recognizing the ordinal and assigned verdict and legal liabilities of the doctors, is essential. The present paper has been done through descriptive- analytical method and scrutinizes the various cases of the doctor and doctor’s team who commit the abortion.

A reluctance contract is a contract in which the reluctant person does something reluctantly and with the reluctance's threat without consent. A reluctant person only lacks satisfaction and self-esteem, but has the intention of making a deal. From the point of view of jurists, reluctance occurs in two forms, right and wrongful reluctance. According to the famous jurists of Imamiyyah, Iraqi civil law and Iranian civil law, reluctance makes the transactions voidable, which becomes a valid and invalid contract with the subsequent consent of the reluctant. Sunni jurists believe that reluctance causes the transactions to be void, except Hanafi jurisprudence who consider reluctance to be different in cancellable and non-cancelable contracts. In the jurisprudence and civil law of Iraq and Iran, one of the conditions for the validity of a transaction is to have the option of the contracting parties, which means that they intend to enter into the content of the contract with full satisfaction (Tayib Nafs) and the effect of the contract and transaction (creating an obligation or transferring property) not with reluctance. As a result of reluctance, consent destroys the provisions of the contract. The necessity of the validity of this condition of absolute certainty is from the meaning of the honorable verse: "Only trade is based on agreement" and also the non-ordering of effects on a contract that was concluded out of reluctance is clearly used from the prophetic hadith known as the hadith of Rifa. This research through the method of descriptive and analytical way has investigated the concept of reluctance and reluctance transactions in terms of Iraqi law and Islamic jurisprudence.

The study of terminology forms an important part of the studies of the fundamentals of jurisprudence, the most important of which is the issue of formulation, and branching from that research on usage. In his mind, you can pronounce that term, which has become a reason for the perception of the meaning. The fundamentalists have only been subjected to use and its truth in a brief way, except for the martyr al-Sadr who addressed it with criticism and analysis, reviewing the opinions and aspects that could be presented in this regard. One usage, provided that each of the meanings is intended from the word separately, so the impediment is in the opinion of those who say that it is not permissible and it is related to one remark at the same time, since the search for the theory of use and the use of the word in more than one meaning has not been refined and refined and is still suffering from ambiguity and complexity, for that reason This study discussed the views of fundamentalists and presented their problems, comparing each other with each other.

The negation of "Wing" is an expression that is used in some Shariah addresses to express permission. Although in the majority of jurisprudential studies and investigations, the meaning of this interpretation has been explained by relying on evidence, but the association of this expression with some obligations has led to the idea of assigning it to the statement of obligation. The scope of application of this interpretation in verses and narrations, the method of ijtihad interaction of Imamiyyah jurists with this interpretation, the conceptual analysis of this lexical item and the recognition of its meaning in Sharia speeches are the issues that have been examined and processed in this research. It seems that the expression of Sharia in the forms of negation of "Wing", negation of "problem" and the order of prohibition, with the difference in the scope of application of these interpretations, have similarities to each other, and all of them share the statement of justification and permissibility and the non-use of something beyond that. and it aims to answer the following questions: What does the negation of Jinnah in the Qur'an and Hadith mean? What are its contents and application in religious speeches? And what are the differences with similar interpretations?

A large number of hadiths in Shia narrative texts contain the word "Nafi-e- ba~s". In jurisprudence and principles courses, Imami jurists have provided explanations regarding the meaning of this phrase; But there is no independent research about discovering the semantic truth of this phraze. Identifying the concept of "Nafi"(negation) and the scope of its implications play a significant role in explaining the contents of these narrations and choosing the correct ruling in the inference position. By looking at the literal meaning of "Ba~s", the Qur'anic usage of this word and the statements of Imami jurists about it, it is concluded that the meaning of "negation of B~as" is  the exclusion of Tahrimi  prohibition and punishment  in the area where they are suspected to exist.

Dealing with lawsuits and its stages is the most important and sensetive work of the judiciary, which is finally done by the courts issuing a verdict.From the very beginning of the lawsuit, the judiciary charges a fee for issuing decisions issued by the courts, which is known as "cost of proceedings", and in all procedures and its various stages, special attention is paid to them by placing strong enforcement guarantees.As can be seen from this title, the court needs to receive this fee in order to issue a verdict.In other words, until this fee is paid by the claimant, the case will not enter the trial process. In Islamic law, there has been a difference of opinion about the legitimacy of charging legal fees, and a group considered it absolutely permissible, and some considered it absolutely not permissible, and a group proposed separate rulings with a detailed plan on the issue. In this article, which is organized in a descriptive-analytical way, while carefully examining the evidence of all viewpoints surrounding this issue, by obtaining the SAHIHE Hadith from "Ammar bin Marwan", the illegitimacy of the legal fees based on it was proven.

In “Shuf‘a”, besides the loss that may be suffered by the partner, the customer is also exposed to damage, therefore, it should be analyzed what rights the customer has in “Shuf‘a” and in which cases his right precedes the partner. The need to examine the mentioned question is doubly important because, in this regard, there are differences of opinion among the jurists of Islamic schools of thought. The necessary information to answer the mentioned question has been collected through the library method and analyzed through the descriptive-analytical method. Among the reviewed items is the way of paying the price; The Imamiyyah do not differentiate between paying the price to the customer immediately or deferred, but Hanafi and some Shafi‘i jurists believe that “Shafi‘” is free to choose between paying the price immediately or deferred, Maliki, Hanbali, and some other Shafi‘i jurists consider “Shafi‘” as subordinate to the buyer. Another example is the dispute regarding the profits earned from the sold item; The Imamiyyah considered the connected earned profits to belong to the “Shafi‘” and the detached earned profits to the customer, but the Sunni jurists considered the increase that does not last to belong to the customer, and they disagree about what lasts. In addition to the above two cases, other cases of customer rights have been examined in the present article from the perspective of jurists of Islamic denominations.

The rule of warning or warning is one of the most important and widely used rules in the field of jurisprudence and law, according to this rule, anyone who warns others before performing any dangerous and deadly operation will be exempted from civil and criminal liability. If the receiver of the warning ignores and causes damage to him, the warning will be exempted from civil and criminal liability. Also, governments, based on their human rights obligations, are responsible for providing health and medical services in the conditions of an infectious disease outbreak, and the provision of these services is not only limited to the citizens of a state, but also the commitment to international cooperation as a complementary mechanism to empower and increase global capacities to deal with With infectious disease, it will exist for all governments. On the other hand, the commitments of the governments in the conditions of the Corona crisis have not been implemented in the desired way and the right to public health has been affected by some nationalistic approaches.

Based on the library method, this article collects opinions related to jurisprudence in the conditions of infectious and epidemic diseases with the jurisprudential category, the legal guarantee due to the violation of the right to health in the face of infectious diseases, with an emphasis on the rule of caution, and with a descriptive and analytical method. He has devoted himself to their criticism.

The findings of the article indicate that the jurisprudence-legal system has the ability and capacity to suspend or appropriately change the normal Shari'a propositions based on the critical conditions and based on the warning rule, and as necessary, the norms and Determine requirements and make them binding. Therefore, the jurisprudence system can be considered efficient in providing order to social crises, and the coexistence and synergy of jurisprudence and law can be strengthened in accordance with emergency conditions in both national and international fields.

This analytical-documentary research tried to investigate the effect of the gender change of a transsexual before marriage on creating the right to terminate and the role of gender-neutrality after marriage in the waiver of the right to terminate marriage. After reviewing the previous studies, no research that examined the subject of this study was found. The results indicated that the gender change before marriage and the other party's ignorance of it at the time of marriage is a way of hiding a defect, so that it creates the right to terminate marriage; because the act of marriage is not usually absolute and it depends on the implied condition of having no defects. So by violating that condition, the other party has the right to terminate marriage. Moreover, the condition of having no defects is important for each couple, and by violating that condition, the other party has the right to terminate marriage. A sexually neutral person loses the right to terminate his/her legal basis by the treatment after marriage and changing to monogamy, and it is not possible to terminate marriage based on previous defects.

One of the important questions related to Shiite jurisprudence is whether this jurisprudence is basically individual or social? In other words, is the purpose of this jurisprudence only to resolve the problems of the Muslim or to study its mission? Are the duties and responsibilities of the individual and society together? The title of social jurisprudence, a comprehensive and appropriate title The needs of modern man are to be able to create a new attitude in jurisprudence, to be the key to locking the individuality of jurisprudence and to answer his intellectual gaps in all social aspects of man. This article intends to explore and find the evidence of social thought in Shiite jurisprudence using a descriptive-analytical method. Give. In this regard, after stating the issue and discussing the shortcomings of individual jurisprudence and the nature of social jurisprudence, the reasons The social nature of Shiite jurisprudence has been studied. Finally, it has been concluded that, although in the context of time, individualistic approach has prevailed over Shiite jurisprudence, but a careful study of religious texts and sources shows that this jurisprudence has a social approach.

Social Justice and the ways for developing it have been ever and are considered by thinkers and experts. Realization of justice in a society by directing Social Takaful (co-operation) is among ideas which has been presented and described in a new format by Martyr Seyyed Muhammad Baqir al-Sadr. Whatever this research aims to answer and analyze by using the analytic- descriptive method and utilizing the library resources including Martyr al-Sadr’s books is the role of Social Takaful in the development of social justice and the decrement of class difference. The findings of research indicate that Martyr al-Sadr- in addition to persuading the people into cooperation in Takaful as a religious task- has obliged the Islamic governor to supply the Takaful resources such as catching quint (Khums) and alms tax (Zakat) and other resources and also controlling the implementation of Social Takaful so that by making a decision in a juridical free area, an acceptable level of livelihood is provided for the needy peoples and in this way, the poverty decreases and the class difference is minimized.

The municipality, as a non-governmental public legal entity, in order to perform its legal duties and services to citizens, may cause damages that the rules and rules of civil liability are shared with other natural or legal persons, but what is the subject of this article. Forms a legal and jurisprudential review of damages caused by municipal negligence in urban green space.

This research is theoretical and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

However, in Article 11 of the Civil Liability Law, the gaps and conditions that are specified for the realization of the responsibility of municipal employees and their affiliated institutions and their guarantee limits are due to leaving duties and responsibilities that cause intentional or partial damage to persons. It turns out, however, that the main concern is to determine how and to what extent the municipality's responsibility in urban green spaceEthical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

This research, through the use of a descriptive-analytical method, has analyzed the article 365 of the Islamic Penal Code in the following two theories: a) the popular saying that the new penal code was established based on it and accepted the right of pardon from retribution for the victim. b) The unpopular opinion based on which Article 54 of the former Islamic Penal Code was established and considered the right of pardon to belong to the owners of blood. This article has proved the second promise by referring to Quranic, narrative, rational evidences as well as the theory of “consolation of heart”. The aim of the research is to prove that the unpopular theory, that the right to retribution for the owners of blood does not expire with the consent of the victim before his death, and the owners of blood of the deceased can demand retribution or blood money after the death of the victim. The result of this research is the analysis of Article 365 of the new Penal Code, from a criminological point of view and proving that the right of retribution does not expire with the consent of the victim before his death, and the owners of blood of the deceased can demand retribution or blood money after the death of the victim.

Among the jurisprudential legal issues in the civil domain of the family, which has a special importance and place, are issues related to inheritance. Among the inheritance of husband and wife from each other, there is a special legal and jurisprudential prominence that the extent and manner of inheritance of the wife from the husband has its own challenges. Among the cases in which the wife inherits from her husband in a traditional way and according to the famous opinion of jurists, the wife inherits from the movable property of the husband and the price of the land and trees as stated in Article 861 of the Civil Code. But with the social developments and various studies that existed from the groups, the orientation of the wife's inheritance from the immovable property of the husband has been strengthened and the opinion of the unpopular jurist in this direction has been prominently displayed to the extent that Madin 946 and 947 of the Civil Code in 1387 reformed and the context of inheritance. The wife was provided with all the husband's property (movable and immovable) and it was stated that the wife inherits from the husband's property as a whole, although in the part of the immovable property, from its price, and if the heirs refuse to pay the price, the wife can claim her right from The same property should also be confiscated. This doubles the consolidation and mental security of the family and improves its health status and finally provides mental peace for the couple. In the upcoming research, the jurisprudential review of the aforementioned regulations has been done using the library method and content analysis with library tools and study data, and many ambiguities and questions have been answered in this field.

Women's employment in affairs outside the home and their economic conflicts are among the issues that deserve more attention and care. The purpose of this research is to explain the legitimacy or non-legitimacy of women's employment outside the home, in the discussion of women's employment, according to the suitability of employment with the mental and physical characteristics of working women, and also the benefit of society and family. The present article has analyzed the use of descriptive-analytical method for jurisprudential and legal reasons regarding the permission of forced guardianship in the employment of women outside the home. Among the findings of the research is that women's employment is permissible if it does not conflict with the family interests and the status of the parties. In other words, the legitimacy of women's employment is not absolute, but is bound by certain conditions.

Corruption on earth is one of the crimes and sins that have a specific and specific punishment according to the Shari'a and therefore, it falls within the scope of limits (punishments whose quantity and quality are specified in the Shari'a). Corruption on the ground is one of the constrained crimes and is subject to severe disturbance of public order, insecurity or major damage to the physical integrity of individuals or public and private property, or widespread corruption or prostitution. In Judaism, corruption on earth is also highly condemned. In Judaism, the corruptor on earth is considered a crime and the cases of corruption on earth have been identified. Corruption on earth in the field of finance, drug trafficking, killing innocent people for racial discrimination, etc. It is also condemned from a human rights perspective. As all legal systems require legal action against corruptors on earth. If in any religion this foundation is weakened and the perpetrators of corruption are not dealt with. This kind of corruption is rampant and disrupts the political, social and economic system of any country.