abdullah kiai

Identifying and enforcing the rulings on family lawsuits is very important in terms of the relationship of many of them to public order and good domestic morality.

This research is a library method.

In identifying and enforcing family judgments, in addition to the conditions set forth in the Civil Code and the Civil Judgments Enforcement Law, elements such as citizenship, the couple's residence, the marital-parental relationship, and the religion of the parties to the lawsuit play an important role. Analyzes indicate that the legislature has left significant ambiguities in this regard by delegating the enforcement of this category of judgments to the general enforcement of civil judgments, as well as the need for the judiciary to explore conflict resolution rules. However, the Family Protection Act of 2011, only for the crime committed by the notary public without the existence of enforceable sentences, has considered only a very small dimension of identification and implementation of these sentences.

In dealing with rulings in family litigation, judges should consider elements such as the nationality of each of the litigants, their marital or parental relationship, in addition to applying a limited control system; This has been challenging in some cases; Therefore, it is necessary to remove the ambiguity of the existing laws and increase the level of awareness of judges on how to deal with such rulings.

The aim of this study was to re-examine the Quranic and jurisprudential evidences of selling self-help as one of the Remedies For Breach Of Contract for the purchase of medical equipment.

This research has been done by library studies and descriptive-analytical method. By referring to Quranic, narrative and scientific texts, the necessary information has been obtained and analyzed.

One of the problems that has arisen in recent years in the field of medical equipment is that for various reasons, including oppressive sanctions, some buyers or sellers of Iranian medical equipment are not able to pay the price or the goods and this factor causes uncertainty. The incidence of material damages and losses to medical equipment activists. The main question of the research is: "What is the ruling on Quranic and jurisprudential arguments regarding the sale of self-help (resale) as one of the Remedies For Breach Of Contract for the purchase of medical equipment?" The findings of the research indicate that the requirements of the holy verse "… فمن اعتدی علیکم فاعتدوا علیه بمثل ما اعتدی علیکم…" (Baqarah: 194) and verses 40 of Surah Shura and verse 126 of Surah An-Nahl and other jurisprudential narrations and rules, including the rule of no Loss principle in Islam and the Retalitation rule, as well as legal provisions in similar matters, not only do not contradict this, but also accept it. However, the principle of agreement must be kept and rights of the other party must be taken into account in this regard, and according to the holy verse "… لا تظلمون ولا تظلمون " (Baqarah: 279), neither party to the deal should be wronged or abused.

Medical equipment contractors can sell the property to another and exercise their rights in order to prevent further damage and uncertainty in the fate of the contract. However, this right and authority should not lead to "oppression", "loss" and "injustice" to the rights of the other party, but from the point of view of the Holy Quran and Islamic traditions, justice and fairness should be observed and the rights of the parties to the transaction should be exercised to the maximum.