meisam khazaee

One of the essential conditions for the validity of contracts in Islamic jurisprudence is the clarity of the considerations involved. Accordingly, conventional methods—such as weighing, counting, and measuring—are employed to determine the consideration and the subject matter. However, it is sometimes observed in practice that estimation is used to ascertain the consideration value of the transaction. Following this customary behavior, certain transactions in legal and fiqhi sources, such as contracts, have emerged where the consideration value is determined by estimation. Due to the inherent risks associated with these contracts, particularly the inaccuracies in estimation, concerns regarding gharar (uncertainty in a precarious contract) arise. This study employs a descriptive-analytical method to thoroughly examine these transactions and some of their instances, assessing their validity or nullity under Islamic law. The findings suggest that, based on the principles of contractual freedom, the presumption of validity, the basis of reason, economic prudence, and the acceptance of a share of economic risk, transactions based on estimation should be considered valid in contexts where quantity value is not a fundamental attribute. However, for the validity of estimated transactions, it is essential that the estimation be clear, mutually agreed upon by the contracting parties, and conducted by knowledgeable individuals. In the absence of these conditions, estimated transactions should be deemed gharar and thus rendered invalid

One of the most important theories of Shiʿa political jurisprudence – which stand in line with each other – is the concept of al-Wilāyat al-Faqih (Guardianship of the Muslim Jurist). According to the theory of ‘Discretionary Sphere of the Law’, an Islamic ruler has the right to independently legislate and determine obligations and prohibitions which, in addition to their legal status, should be obeyed like divine commandments. Therefore, this right is not exclusive to infallible Imams, but also applicable to a fully qualified religious ruler in the absence of an infallible Imam during the Occultation Period. According to the theory of ‘Absolute Guardianship of a Muslim Jurist’, in the absence of an infallible Imam, a just Muslim jurist capable of establishing a government will have governmental authority equal to that of the Prophet and the Imams who successfully established governments. The joining point and the most important aspect of commonality between these two theories is the right to govern and the legitimacy of the Guardianship of the Muslim Jurist in the Occultation Period, with the most significant difference being the extent of their authorities. As far as the ‘Discretionary Sphere of Law’ is concerned, the ruler does not have the right to deviate from religious duties and legal obligations. However, in accordance to the theory of the “Absolute Guardianship of the Muslim Jurist”, the ruler, if deemed necessary, even has the right to temporarily suspend religious duties and violate laws in the interest of the Islamic system; for the Islamic government is regarded to be based on the primary ordinances of Islam.

Obsession as one of the common diseases in society, in many cases, disrupts the family system, especially sexual relations. Considering the necessity of special compliance in the couples’ life, the importance of the marital relationship in the continuation of the marriage and the peace of the couple on the one hand, and the possibility of the influence of each couple’s obsession on the other hand, study the non-compliance order in such circumstances is necessary. With this aim, the present research was written to investigate the scope of the non-compliance order on obsessive couples.

This research examines the non-compliance order on obsessive couples by descriptive analytical method and using library sources.

In psychology, obsession has mild, moderate, severe and obsessive madness stages. When the obsession is in a severe state and obsessive madness, it is out of the patient's will and the behavior is done involuntarily. Based on this, because the obsessive person involuntarily refuses to compliance and "Nashez" and "Nashzeh" are among the titles of intention, it is not possible to impose the non-compliance order. Of course, if the patient refuses the treatment, it is an example of hurting the partner and the non-compliance order applies to him.

A society can take a course of development and perfection when the choice and appointment of its agents is made according to their qualifications and merits. For one of the most important factors in leading societies to happiness is to have competent rulers. In the history of human beings there are nations which have fallen into decline and destruction under incompetent rulers and kings and which have experienced happiness and welfare under competent rulers. One of the huge gaps in the world’s political systems is the lack of attention to the scientific qualification of the people who undertake to rule a nation or administrate governmental organizations. Drawing upon a descriptive-analytic method and on the basis of the principles in the Islamic Law, the present research has sought to explore the condition for the scientific competency and expertise of the administration in Islamic government. Having put forward the scientific capability and expertise as the necessary condition for choosing and appointing the administration of the Islamic government, it also has made a critical analysis of the present condition of the choice and appointment of the agents and administration of the Islamic Republic of Iran. The article comes to its end by pointing out the necessity of making revision of laws and regulations and of formulating comprehensive bylaws to regulate the management of the governmental organizations and institutions of the Islamic Republic of Iran.

The family, as a fundamental unit in society, has been considered and emphasized by the holy sharia of Islam, and the Iranian legislature has followed this issue. And in order to maintain the sanctity and stability of the family, rules and laws have been legislated and enacted. The Holy Quran, as a source of revelation, has dedicated many verses to the family and its related rules. What is important is to know the principles and characteristics of the Holy Quran legislative system in the field of family; The present study seeks to explain it by descriptive-analytical method and based on Al-Mizan interpretation. According to Allameh Tabatabais statements below the verses related to family rules in the Holy Quran, the legal system of the Quran has three inherent characteristics of "revelation", "totality and permanence" and "obligation". Paying attention to natural requirements, signing the custom of the wise, adhering family laws to ethics, and expressing the interests and corruptions of the rulings are among the prominent features of the Quranic legislative system in the field of family. And their rapid acceptance by society.

Letter of credit is one of the most common and secure methods of payment for goods in international trade, which is done through the seller and buyer's banks. In the process of letter of credit, sometimes, to ensure payment of the goods by the buyer and the bank opening the credit, the beneficiary asks the buyer that another bank, as the confirming bank, approves the letter of credit or the beneficiary requests authentication directly from a bank other than the credit opening bank. In these circumstances, the confirming bank, in return for the commission, undertakes to pay the letter to the beneficiary if the issuing bank refuses or fails to pay the credit. Using a descriptive-analytical method and given the necessity of concluding banking contracts in the form of sharia contracts, this paper studies the nature of the authentication of letter of credit from a jurisprudential and legal point of view, and with the new approach to contract guarantee, this paper has considered it as an example of a guarantee of payment obligation in the banking system.

Hording [in economics] is believed to be a behavioral pattern which occurs especially when people think that a current economic system does not operate efficiently or is in a chaotic state sometimes resulting in social collapse. Taking into account the jurisprudential sources, it seems at first glance that the hoarder is forced by law to sell the stored items and if he does not sell them at fair prices, the religious authority (hakim-e sharÝ ) places a price on them. However, the available jurisprudential sources have rarely dealt with the idea of the punishment of a hoarder. After the Islamic Revolution of Iran won victory and the Islamic government was formed, there was a tendency that under certain conditions, a hoarder should be recognized as “corrupter on earth”, or mufsid fi’l arÃ, to use the term in Islamic jurisprudence. The present research, having relied on the article 286 of the Islamic penal law ratified in 1392 in the Islamic Republic of Iran, seeks to describe and analyse the concept of corruption on earth as applied to one who is a hoarder. The research has come to the conclusion that a hoarder not only is at first faced with the force to sell at the fair price the items he has stored and pay a heavy fine, but he may also be sentenced to capital punishment if he is proved to intend to throw the Muslim community into a state of economical chaos and imbalance.

Spread and diversity of diseases and continuous progress of treatment methods have made it impossible for the medical staff to choose a treatment method with full confidence and to treat the patient definitively, unless they accept the risk of such treatment. Accordingly, the present study seeks to investigate the legitimacy or lack of legitimacy of risk-based measures in treatment based on Jurisprudential sources.

The present descriptive-analytical study describes the terms and principles of research and investgates legitimacy of risk-based measures in treatment and its exceptions based on library resources.

The principle of sanctity of possession in the individuals’ lives, the ruleof sanctity of destroying human’s lives and the narrations of the physician’s responsibility indicate the prohibition of high-risk measures in the field of treatment.Therapy is not legitimate except for ensuring the effectiveness of treatment for the patient; unless because of the necessity, soit is necessary to perform treatment in unsafe and high-risk conditions; provided that the patient is informed

According to Islamic law, swearing to God Almighty, is one of the ways to prove or abstain a claim. One of the issues raised and discussed in relation to the oath of office is the oath of the non-Muslim person, expressed in terms of swearing by non-Muslims, and the way it should be done. The present study investigated the Qur’anic principles and the validity of non-Muslim judicial sworn judgments in Imami and Sunni jurisprudence. In Imami and Sunni jurisprudence, according to the common narration, the oath of office of non-Muslims is absolutely accepted. However, by examining the Qur’anic and narrative arguments, it is necessary to take this issue into account in a more detailed way. Therefore, swearing of Ahl al-Kitab (People of the Book), swearing of Non-Muslims other than Ahl al-Kitab for defending themselves (as the accused), and swearing of Non-Muslims other than Ahl al-Kitab who believe in God (as the claimant) are accepted. However, swearing of Non-Muslims other than Ahl al-Kitab, who do not believe in God, as the claimant must not be accepted. Also, according to the majority of Imami jurisprudents and the consensus of Sunni jurisprudents, the oath of the infidels (Ahl al-Kitab or other than Ahl al-Kitab) must only be taken to Allah the Almighty or His specific names. And finally, most of Imami jurisprudents and majority of Sunni jurisprudents believe that infidels are not obliged to confirm the sacred oath.

Soft war is considered to be one of the important issues in the Islamic Republic of Iran in the last decade. This research work raises this basic question: “What are the strategies for confronting soft war in an Islamic system based on the authority of a Muslim jurist?” and goes on to put forward the thesis that taking into account various aspects of this particular system, one can show the application of these strategies in the realm of the legitimacy of the system as a doctrinal foundation of the system, in the realm of structure as an executive and organizational mechanism of the political sovereignty, in the realm of leadership as an administrational aspect of the Islamic government and in the sphere of community (ummah) as the social basis of the Islamic state. This research can be said to have developmental application in terms of objectives drawing upon historical-comparative method as far as its methodology is concerned. The findings of the research show that in Islamic society one can speak of three paradigms of ‘prophetic system of guardianship’, ‘Alawi system of guardianship’ and ‘ system of guardianship based on the authority of a qualified Muslim jurist’. The latter is peculiar to the Times of Occultation. Drawing upon a comparative study of the early days of Islam, there are other two deviant paradigms conceived through soft war.

Children’s education whether individually or collectively, plays a great role in the improvement of society as well as individuals. This responsibility is upon the shoulder of a natural guardian or formal executor in case of the demise of the natural guardian. Assuming there would be no kind of guardianship then who would be in charge of the child’s education? According to the evidences the duty is upon the religious authority (Hakim-e-Shar’) whose guardianship is approved by Shariah. Apart from the absoluteness of the relevant proofs and also in order to maintain the administrative authority, other sources also count on consensus and traditions to accentuate the duty of the religious authority over the education of unattended children and orphans.

Revocable divorce is a type of divorce in which the husband can return to the former marriage by rejoining the wife during Iddah.Many studies have already presented the role of revocable divorce as the family amendment. The present study tries to investigate this role as well as to assess the current legislative and judicial policy in Iran. By examining the Quranic evidence, narrations and decrees of the jurists the revocable divorce is one of the wisest devices for the survival of family unit that is considered in Islamic law; provided that the husband rejoins the wife with reconciliation intention. Regarding the possibility of detriment intention of husband to abuse the wife, the husband is allowed to rejoin the wife only twice according to the Islamic Law. Considering the benefit of revocable divorce, Iran’s legislature however, adopts a neutral uncaring viewpoint on subsequent issues, for instance, the ignorance of the right of residing in a shared house after the divorce. In addition, long formal processes of divorce or bad attitude of judges generally ends with the issuance of irrevocable divorce. Regarding the current trend in the courts of Iran this malfunctioned procedure should be amended for the benefit of revocable divorce.

One of the most important steps in discovering new treatment approaches in medicine is testing on volunteers (healthy or sick), animals or plants. The present research aims to investigate medical experiments with qualitative method considering their definite or probable disadvantages and the consent of volunteers from viewpoint of jurisprudence. The findings of the study show that, in accordance with the principle of permission and authorization, conducting medical research experiments to get medical treatment is permissible on the condition of consent of the volunteer, but, if there is scientific or rational probability of harmful occurrence, it is not permitted to do so and in this regard, there is no difference between the experiment on Muslims and non-Muslims. However, if necessary, performing the test is allowed upon completion of the criteria and conditions of necessity.

Based on famous saying of jurisprudents and accordingly Article 1082 of the Civil Code, marriage portion belongs to the wife as soon as marriage contract occurs, but the wife's ownership in half the marriage portion is still precarious and it will be totally established with the realization of some factors. There is not any disputes among jurisprudents in that the marriage portion is established in the wife's ownership with intercourse and innate apostasy of man, but in the case of death of husband and wife, there is controversy over whether the death of couple is among the factors that establishes marriage portion or not? This study investigated the views and evaluated them in an analytic descriptive method and finally, with regard to the correct and authentic narratives, reached to superabundance, word halving marriage portion upon couple's death is preferred to other comments.

In Islamic law, confession is among evidence to prove a claim considered as based on the principle of ‘’ confession by the sane about himself is allowed’’. Even, it can be said confession has a higher demonstrability as compared to other ones in such a way that it is included among the most assured evidence to prove claims. In Islamic criminal jurisprudence, to prove many crimes, the repetition of confession is the necessary condition. However, there are discrepancies regarding the number of demonstrative confession about some crimes such as declaring war on God, apostasy and discretionary punishment. Accordingly, the question arising here is whether in questionable cases, a single confession cans considered based or the repetition of confession matters? The article 172 of Islamic penal code based the single confession whenever no clear wording exists. Through evidence assessment, this study tries to show that in disputed cases, crimes related to the Rights of God are out of the generalities and prediction of confession evidence and the repetition of confession are needed to prove them. But in proving the crimes considered as the Rights of People, the predictions and generalities of confession evidence should be considered and single confession should be enough to prove them because of theRational principles no errors, no reluctantly and no caution, Cases in which lawyer precisely commanded the repetition of confession are excluded.