mohammad ali raghebi

From the perspective jurisprudence of Islamic religions and the Written Law of Iran, defendant’s oath is decisive for litigation, just like confession and adequate evidence. However, in many cases, after the oath is taken and a final verdict is issued, the opposing side requests a resumption of the trial, alleging that the oath was false. While the Iranian Civil Procedure Law allows for the reopening of final judgments under certain circumstances, this article employs an analytical-descriptive approach, drawing upon authoritative sources from jurisprudence of Islamic religions and Iranian law, to delves into the nature of termination in litigation based on oaths and examines the possibility of reopening a case based on a false oath. The central question of this article is whether, under Iranian Islamic jurisprudence and law, a claim of a false oath can be considered a valid ground for reopening a case (the proceedings). The findings of this research show that Islamic jurists unanimously agree that according to Shari'ah once a verdict is finalized based on the oath of one of the parties, retrial is impermissible and will not be entertained. From a legal standpoint, while some jurists, influenced by Article 595 of the new French Civil Procedure Code, argue that a final verdict can be reopened if the oath is proven false, false oath is not recognized as a legitimate ground for reopening a case. The presented evidence shows that, according to legal principles, resumption of proceedings under in the mentioned circumstances is also rejected.

From the second century of Hijri, some jurists like Shafi'i used the inherent dignity of human beings in the science of jurisprudence. In this era, research has been done in this field. Sometimes, despite the difference in the role of dignity in jurisprudential reasoning, the difference in the method of reasoning was not considered. Criticism and scientific judgment in rejecting and accepting the role of human dignity in the principles of jurisprudence and reasoning process depends on knowing the positions of dignity and using the appropriate method for that position. Therefore, this article aims to explain the fields of dignity in the principles of jurisprudence and the reasoning of rulings and clarify their differences in the method of reasoning. The importance of this research is due to its great connection with the derivation of jurisprudence rulings in new issues and its necessity due to the existence of doubts and positions related to dignity and mixing in different places, which causes incorrect handling of the rulings. This article has been prepared by descriptive analytical study method and by collecting relevant data from jurisprudential sources in library method and using ijtihad method and jurisprudential reasoning based on jurisprudence and principles of jurisprudence. The innovation of this article is the explanation and analysis of the different areas of the role of human dignity in the foundations of jurisprudence and deriving rulings and expressing the differences and the way of dealing with each of them in Islamic jurisprudence.

Two important sources for inferencing Islamic laws are the Qur'an and the Sunnah. The historical sensitivities to preserve and protect the Shia Narrative tradition have led to a large part of the Hadiths to be removed from the circle of reliable Hadiths. Therefore, addressing the Isnad problems of hadiths can be a serious development in this field. The theory of Isnad exchanging is one of these theories that it tries to open the way for trusting important hadiths by correcting some chain of transmitter of hadiths. The meaning of the theory of Isnad exchanging is to replace a part of the Isnad or the entire Isnad of a hadith that is weak due to being Majhul, Ḍaʻīf, Mursal or Munqaṭiʻ the Isnad. In this theory, by intromitting in the chain of transmitter of weak hadith and replacing that reliable part with that part, the Isnad problem of the hadith is solved.

By a descriptive-analytical method, this study presents the effect of the theory of Isnad exchanging in making the Isnads of some hadiths that Sheikh Ṣadūq narrative in Man lā Yaḥḍuruhu al-Faqīh, and Sheikh Ṫūsī in Tahdhīb al-ahkam and Al-Istibsār.

Emphasizing the conventional way of Isnad in books of hadith, that is not mentioning a part of the Isnad of hadith and completing the Isnad through listing all access path and chain of transmitter in end of book; and mention the different access path and chain of transmitter that they have had to their books; and and specifying to have all the books of Mashayekh or transmitters of the same class, this study argues that replacing and exchanging the Isnad can make Ḍaʻīf and Mursal Isnad, credible and correct one. Ayatullah Muslim Davari has explained and developed this new method that Ayatullah Khoui mentioned earlier. According to this method, reliable and valid Isnad replace weak and invalid one. The reason for the legality of such a exchanging of a chain of transmitter is the existence of a reliable and valid access path or access paths to all the books and hadiths of one of the reliable traditions that exists before the Majhul or Ḍaʻīf or … transmitter in the chain of hadith. In this study, evidence is provided that the collectors of al-Kutub al-ʾArbaʿah claim to have the reliable and valid access paths for all the books and narrated hadiths, and it is emphasized that in many cases that are explained in detail, since there are other authentic and valid access paths for them, if there was a weak path or chain to hadiths, those hadiths should still be considered authentic and valid. In fact, by accepting what has been said, that is owners of al-Kutub al-ʾArbaʿah have access to well-known al-Uṣūl and books of hadith, many existing chains of transmitter can be corrected using the theory of Isnad exchanging. This approach has been extended to Ayatullah Khoei and Davari; The existence of a common sheikh is considered sufficient to correct the weak access path of one transmitter through the reliable and valid access path of another transmitter; Because if their sheikh is one and the book is also one, and one of the two chain of transmitter and access path is sound, then the other chain of transmitter and access path is undoubtedly sound.

Then, if there were problems in one of the hadiths, such as one of the transmitters was Majhul or Ḍaʻīf, or a part of chain of transmitters was Mursal or Munqaṭiʻ, or such problems that make the hadith invalid, in this case, one can rely on the theory of Isnad exchanging; A theory that gives credibility to the hadith By changing the hadith Isnad and removing the invalid part and replacing it with a correct, reliable and valid one.

Le droit international humanitaire est un ensemble de règles juridique qui interdit les conflits et limite les parties en conflits internationaux, qui, pour des raisons humanitaires, sans légitimer le recours à la force, cherche à réduire les effets des conflits armés. Pour réaliser cette recherche, nous avons utilisé la méthode descriptive analytique dans le but d'étudier la faisabilité de la protection de la famille pendant les conflits armés et d’inférer les lois qui permettent de protéger la famille pendant lesdits conflits. À cette fin, des données de recherche ont été recueillies dans les sources écrites en domaine juridique. Les recherches ont montré que la famille (en tant qu’un tout indépendant) ne fait pas l'objet d'un immense soutien des institutions internationales ni de leurs actions ni dans leurs procédures normatives. Malgré cela, il sied de noter que dans certains instruments juridiques internationaux existants, on peut trouver des exigences peu nombreuses, mais importantes qui assurent la protection de la famille (en tant que telle) pendant les conflits armés ; alors que l'islam a institué la théorie des droits humanitaires de la famille pour assurer la protection de la famille pendant les conflits armés. Les résultats de cette recherche ont montré également que des droits humanitaires liés à la famille peuvent être proposés, dont certains limitent et interdisent les conflits armés, comme le droit à la protection du génome humain. Certains de ces droits ont également un caractère compensatoire, comme l'accès aux cadavres ou le droit à la vérité.

Exchange value is one of the most important issues in economics, which is also considered in jurisprudence under the title of being property by jurists, and in both sciences, various theories about its origin have been presented. The study of common theories of value shows that in these theories, exchange value is looked at with a static view and it is referred to as a point result that is due to causes and factors that are the origin of value at a point in time.In this article, we are trying to prove that the value of exchange is the result of a dynamic, linear and flowing process, which reaches actuality  from potentiality over time through different stages. In this regard, with the introduction of two types of property and exchange value, potential and current, and as a result, the distinction between potential and current property, it is clear that the neglect of the types of value on the one hand and the lack of accurate analysis of the process of value formation on the other hand, have become the source of differences and mistakes in value theories. .

International humanitarian law is a legal protocol that prohibits and limits the parties of international conflicts, which, without the legitimacy of resorting to force, tries to reduce the negative effects of conflicts. The current research is carried out in a descriptive-analytical way, to investigate the feasibility of paying attention to the family during armed conflicts and inferring the rights to support the family during such conflicts. For this purpose, research information was collected from written sources in the field of law. Investigations showed that the family, as an independent whole, is not a subject supported by international assemblies and their normative and procedural measures, but in some existing international documents, one can find small but important requirements in supporting the family during armed conflicts. This is while in Islam the theory of humanitarian rights is proposed with regards to the family. Similarly, the findings showed that humanitarian rights related to the family can be presented and that some of them can be used to limit and prohibit armed conflicts, such as the right to the human genome. Some of these rights also entail a compensatory nature, such as the right to have access to the bodies of the deceased or the right to know the truth.

The allocation right (The right of appropriation) that is in fact the right to take advantage of and manipulate things which are not regarded as someone's property both traditionally and canonically, is mostly related to the objects without financial value; most of discussions on proving allocation right for such objects are related to impure things, defilements, and forbidden matters that on the one hand taking advantage of them is canonically forbidden and on the other hand they may have some halal (legal) advantages; however proving allocation right in other objects without financial value (e.g. broken pitcher, old and scrap objects, etc.) is not difficult and done based on judgment of the wise. The term allocation right is not often found in primary jurisprudential texts, rather its definition and related canonical orders are only found in discussions about “taking advantage of impure things, defilements, and forbidden matters”. Islamic jurisprudents believe in the continuity of “allocation right” with “license for taking advantage”; however, considering “license for taking advantage” and “license for selling” opinions are different regarding their continuity. Shiite jurisprudents do not believe in it, therefore in such cases they consider “gift” as a solution. However, in some Sunni denominations like Hanafite continuity between “license for taking advantage” and “license for selling” is accepted, so they consider selling of defilements and sometimes-impure things acceptable, because of some halal (legal) advantages existed in them. It is appeared that license for taking advantage of impure things, defilements, and forbidden matters must be restricted to situations of necessity and emergency when there is no other solution, so allocation right for them does not proved in situations that are not emergency.

One of the challenges facing the current Islamic societies in the field of economy is the issue of usury in loans. The principle of illegitimacy of usury is a consensus among all Muslims and even it is considered to be one of the necessities of the religion. Invoking the verses and narratives relating to the prohibition of the usury, the most well-known Islamic jurists have regarded usury as absolutely forbidden. They did not elaborate on its types, however, since about a century ago, referring to some evidences, a group of Muslim thinkers have divided usury into two types namely the usury in consumption and usury in production and have declared the usury in consumption as forbidden and the usury in production as permissible. Accordingly, if the usury in loan is for production, trade and the like, is permissible and not forbidden. The findings of the research demonstrate that the reasons for prohibiting usury include both types of the usury in loan and the claim that usury is permissible in the productive usury is invalid.

The purpose of the present research is to study the concept of justice in elections from the view of political jurisprudence. The research method is descriptive-analytic and the results showed that with reference to jurisprudential and legal rules, the perquisite of justice condition for elections relies on two main foundations: A. candidates and volunteers; B. supervisors and executers (assembly of experts for leadership, guardian council, executive and legislative forces). The concept of justice denotes the trusteeship of supervisors and executives to maintain people's votes which conveys their current justice bailment. The application and effectiveness of justice in political jurisprudential rules of elections can prevent and remove challenges and tensions that would occur before or after election. Moreover, by choosing the best elites and experts in different social issues, it would truly effect on economic, legal, political, and other aspects of justice to lead the society toward development and betterment. On the other hand, people's maximum participation in elections would confirm the legitimacy of the Islamic republic government and as a result, bring security and peace for the country.

Review :Following the example of the great men of Islam, the founders and activists of the field of unity and rapprochement of Islamic religions, an effort was made to prevent division and hypocrisy among Muslims and for religious coexistence and collective identity in the new world system and the necessity of unity in Islamic society. To be one of the topics discussed and considered in jurisprudence, entitled "Jurisprudential principles of the rules of divisiveness among the Islamic Ummah" and to examine the rules and rules of jurisprudence on this issue; By referring to religious sociology and according to historical evidence, divisions and differences cause the disintegration of societies and nations.In the knowledge of jurisprudence, the important issue of preventing division and leading to the rapprochement and unity of different religions has been considered to the extent that the great jurists have made every effort to ensure that the ruling of sanctity is inferred from the principles of jurisprudence. To create divisions, differences and obligatory rulings for unity and rapprochement between religions, and with this, to take a big step towards creating unity and preventing divisions and dualities, and as a result, have a tremendous impact on the convergence and cohesion of Muslims in Islamic society. . This article is organized by library method, descriptive, theoretical analysis and content matching.Keywords: principles, jurisprudence, rules, divisiveness, Islamic society, unity, approximation.

Legal addresses is one of the important and influential theories proposed and developed by Imam Khomeini. He has expressed this theory about the way religious precepts are legislated and believes that the general addresses of Sharia have been issued in the position of legislating and different states occurred to duty-bounds such as power and knowledge, have not been considered as provisos in them; instead, the precept has been issued as to the general titles considered in the address. This theory has several implications in different chapters of jurisprudence. The present research has been performed with the aim of analytical examination of this theory and its implications in the field of the acts of worship jurisprudence and using the ijtihadi analysis method by referring to library sources. The result of this research is to prove the superiority of this theory over the famous theory of dissolution and to present the different implications of this theory in the field of the acts of worship jurisprudence.

According to jurisprudence and law, the wife can refuse to obey the husband to get marriage portion. This right is so-called the right to retention and the verses, narratives, and rational foundations, like the proximity of the marriage to the commutative contracts, are its legitimacy. Because there is a doubt whether the marriage is commutative or not, the right to retention is limited, and it is acceptable just for the wife having the purpose of creating an executive guarantee for getting the marriage portion. Nowadays, this guarantee becomes a pressure tool against the husband and it is misused by the wife. Based on procedural unity vote 708 that, in spite of husband's hardship, the rule to instalment is not amount to reject wife's right to retention, and based on procedural unity vote 718 that extends the realm of exercise of the right to retention to wife's duties absolutely, husband's conditions become harder; thus, this study aimed to jurisprudentially-legally seek the basis of the right to retention in marriage and the causes of termination, abortion, and its adjustment by a descriptive-documentary method. Therefore, all related written sources were analyzed and it is concluded that if the marriage portion is exchangeable with the obedience, for respecting the husband, the capabilities of the right to retention as a personal right can be used for its abortion or adjustment. Moreover, for preventing the unlimited exercise of the right to retention, the two topics of the realm of exercise of the right to retention and the effect of husband's hardship on wife's right to retention should be taken into consideration. That will be the most important issue in the matter of big marriage portions.

Prohibition of usury is well-established according to Imamiyah jurists and it is considered to be disapproved by reason. Disapproval by reason of usury requires that the rule on the prohibition of usury except for those case excluded by definitive reason be non-specifiable and usury be disapproved and forbidden under any circumstances. In spite of religious prohibition and by rational disapproval and social depravities of usury, some jurists have introduced certain ways for escaping from usury and have ruled for its legitimacy. In this regard, Imam Khomeini is among few jurists who through considering and reviewing the question, have ruled for its prohibition in all cases in which the nature of usury is secured and has neglected all ways and excuses for escaping from usury. By examining the implication of the narrations, he has considered them to be for peremptory usury (and not for real usury). Accordingly, the ways for escaping from usury cannot be applied as a general rule for specifying the prohibition of usury.

In the Islamic legal system, the wife is entitled to several rights, including the marriage portion, which becomes her property through a permanent marriage. Today, according to the famous saying of the two main Islamic denominations, despite the fact that couples do not have to mention the marriage portion in the contract due to their lack of dependence of contract on mentioning the marriage portion, sometimes, based on misconceptions, they agree on marriage portions that the husband has no power to pay and the couple do not intend to give or receive the amount, but their intention is another amount of marriage portion that they have agreed out of contract. Since this type of mentioning marriage portion has become frequent in society, it is necessary to re-examine its nature and effects. The research shows that the fake marriage portion is void because of the lack of intention. The amount of marriage portion that the husband owes after the annulment of the mentioned amount, varies in different situations and according to the real intention of the couple. The present research has been conducted through descriptive-analytical method and with reference to library sources.

Marriage is the foundation for family and family is the foundation on which society stands. Marriage established by the Holy Shari'a in order to make it permissible as a solution for both men and women to enjoy each other to create a matrimonial relation and the permanence and continuity of married life. One of the laws of Islam, which is enacted to prevent repeated divorces which is been done by men and inflicting harm to women is resolving marriage (Tahlil Nikah). The man has no right to remarry or marry his wife after a triple divorce unless the woman marries another man and divorces from that man after having had intercourse. Being allowed to remarry the first husband is only possible when the woman marries with another man (Mohallil) then divorces him after having sexual intercourse. This kind of marriage named Mohallal marriage. There are several conditions for Mohallal marriage that include the condition of dissolution of the marriage after having intercourse with the resolving man(Mohallil), marriage on the condition of divorce, delegation of divorce, the condition of the wife's attorney in divorce. One of the requirements for the authenticity of the conditions within the marriage contract is that the condition doesn’t contradict the nature of the marriage’s requirements. Civil law not only does not mention the criteria for determining the requirements of a marriage contract, but also doesn’t present any definition of marriage contract. Therefore, in the present study with the method of documentary – library data collection and descriptive-analytical research type, the mentioned matters have been explained and analyzed with an emphasis on the requirements of the nature of marriage.

Accepting the oppressor's rule, in spite of the emphasis of religious texts on its prohibition, has been permitted in some cases and such permissibility is either based on religious texts or in accordance with certain rules admitted by Islamic jurists. In the present paper, through referring to jurisprudential texts, it has been concluded that cases of permitting the oppressor's rule  are wider than the cases mentioned in the texts or which have been considered as instances of the general rules. Accepting the oppressor's rule  with the purpose of enjoining the right and forbidding the wrong, provided that without accepting the authority proposed by the oppressor, complying with these two divine obligations won’t be possible, is one of the most important cases which, although not mentioned in religious texts and not being in accordance with the general rules established in jurisprudential texts, is regarded as a cause of the admissibility of accepting the oppressor's rule and has been admitted by the vast majority of famous Islamic  jurists. The present paper has dealt with the criteria relied upon by Islamic jurists in authorizing the acceptance of the oppressor's rule in the above said case and by criticizing and reviewing it and the arguments of opponents, has achieved another way to solve this problem.

According to "lien" the wife (zawja) can refuse to fulfill her duties toward her husband, so long as she has not received her marriage portion (dower). It is based on verses, traditions, and the similarity of marriage contract and commutative contracts. Nevertheless the legality of "lien" is controversial. Supposing that it is legitimate, the domain of "lien" is important. Most of the jurisconsults believe that the domain of this right is wedlock. So the wife must obey her husband, and exceptionally she is allowed not to obey him in wedlock in order to receive her dower. Unfortunately, 718 procedural unity vote has developed the domain of "lien" which causes wife not to obey her husband at all and deserve alimony at the same time. On the other hand, 708 procedural unity vote says that the installment of the dower does not affect the "lien". The viewpoint of the majority and paying attention to the husband's hardship for delivery of the dower to his wife,  result in the observance of the rights of the married couple and also the right of the husband for continuation of family life.

Divorce in absentia by court order is one of the ways of separation between the spouses that the ruler of Sharia performs at the request of the wife, in such a way that the wife with the aim of fulfilling her rights and removing bewilderment, by referring to the judge, demands the issuance of the divorce decree. This is a long-standing issue and has always been the subject of discussion among the jurists of the five denominations. Therefore, the main question of the present article is: Is "justice" conditional on the testimony of witnesses to such a divorce? What are the effects and characteristics of such testimony? Obviously, one of the methods of securing the wife's rights in such matters is the action of the ruler of Sharia to bring the wife to her religious and legal rights. Accordingly, the present paper has analyzed the issue using the descriptive-analytical method and relying on authentic religious sources. The conclusion is that the necessity of the condition of "justice" for the male witnesses and its legal effect in the realization of this type of divorce indicates that for proving the justice of an individual, recognizing his justice by good appearance and customary reputation is sufficient and its religious and legal responsibility is upon the discerner. And if the justice is not recognized, the divorce will be void, but the verdict will remain valid.

“Waiver of right” relates only to those public rights that are demandable for enjoying the element of “who has the right” and the legal reasons referred to for “the rule of waiver of right” that are generally expressed with the phrase “remission and forgiveness” are only applied to this waiver. Since the waiver of right relates to inshaiyyat (constructions) it belongs to the “current rights” but not to the future rights (putative or predestined rights), otherwise it is not a true waiver and has no effect in waivering the right. Promise and pledge are permissible only for stopping some acts or legal reasons that are considered to be “Ikhbar” but not “Insha̕ ” and their outmost effects- if lawful- are “the prescriptive obligation” of injaz and ifa̔. Therefore, the rights of guardianship, fostering, divorce, revocation of divorce, possession of the rights or properties belonging to no particular person (mobahat) and like this cannot be waived.

Fiqh is a systematic discipline which is used as a means of deducing canonic rules from religious sources for a social life of a person who is subject to legal obligation (mukallaf ). The idea that the discipline of fiqh is of some effects on the social life of people can be studied under two views based on Islamic jurisprudence and principles of Islamic jurisprudence. The first view is widely accepted by the scholars of the Principles of Jurisprudence and is known among them as the dissolutionist theory of legal addresses of the legislator. According to this theory, the particular or singular as well as the general or universal addresses of the legislator can be dissolved or disintegrated into addresses equal to the number of legally obliged people. It seems that this idea is led to individual jurisprudence in terms of its subject and judgement (ruling). In contrast, Imam Khomeini's theory of legal addresses cannot be dissolved or disintegrated into individual or singular addresses in proportion to the number of people subject to legal obligation, but the addresses have remained as general or universal. However, what can be counted as having the real multiplicity or numerous instances is the object of legal addresses. This theory is of many consequences, including the disappearance of the relation between the servant (Ýabd ) and Master (MawlÁ ) in social matters, serving the interests of the human beings in line with requirements of time and place, the legislator's mawlavi's will in relation to the issues of addresses is directed to the will to lay down laws and not to the will to motivate somebody to act on the laws (baÝth), the idea that deducing "power" in fulfilling an obligation is not a stipulation and that all the parties of indefinite knowledge(Ýilm-e ijmÁli ) of obligation are to be involved in thinking whether an obligation is a categorical imperative or not. The writers of the article hold that the theory of legal addresses provides a capacity in the field of governmental and social fiqh which allows for speaking of obligation and the social obligated people.

The concept of Legal Addresses (khitabÁt-e qÁnÙniyah) is one of Imam Khomeini's scientific innovations in the field of Usul-e Fiqh or principles of Islamic jurisprudence. He has presented this concept as a part of the discussion concerning the methodology of legislation and issuance of legal rulings, maintaining that those instructions or messages which are not directed to a particular person and are general or universal have been issued with the intention of establishing a law not taking into consideration the power and knowledge as qualifiers for different situations of those people who are subject to legal obligation (mukallaf ) In fact, the ordinance is directed to the general titles postulated in the addresses. Since this theory enjoys tremendous importance and has far-reaching implications in legal studies, the article seeks to examine its important effects and implications in the principles of jurisprudence. Drawing upon descriptive-analytic method and referring to library data, this research has been conducted. The result of this study is the clarification of the implications of this theory in a number of important issues and topics of discussions in political jurisprudence such as ‘the necessity of taking measures to form Islamic government even when there is no power or authority to do so’ and ‘the priority of societal approach to security over the individual approach to security’.

The theory of legal addresses is one of the novel Usuli theories introduced by Imam Khomeini. It sets forth a framework for enactment of Sharia rules, according to which the general addresses on Sharia law are made to create law, although they lack such requirements as power and knowledge. Since the theory has deep impacts on various jurisprudential arguments, this study intends to investigate it from various aspects and scrutinize the secondary principles in transactional jurisprudence in order to rethink the theory’s impacts on transactions. This is to analyze the compatibility or incompatibility of these impacts with the Iranian civil laws and jurist views. The results of this study prove the applicability of this theory in various important issues related to transaction such as ascertainment of option in revocable contracts, validity of rent agreement vis-à-vis adequate excuse and the need to examine ownership of properties with unknown owner.

Especially in this era, to make inferences from the legal injunctions compounded with problems and difficulties raised by certain new issues, a Muslim jurist, faqih, is in need of a set of rules by which he can make inferences and set them as criteria for determining the extent to which his fatwas are true or false. One of these rules is the rule of social justice. Social justice is the most important index for the development of human life and it is considered as an important goal in Islam to establish it in society. In the Qur’anic texts and numerous traditions, justice is introduced as one of the goals of religion and of the divine Prophets. In this article, the writer deals with the concept and nature of social justice as one jurisprudential rule which is needed by the Muslim jurist in making inferences from legal injunctions (judgements). Discussions of the article will revolve around the fact that a Muslim jurist can make use of this rule as a primary judgement for the confirmation or disconfirmation of an injunction. He can also set it as a criterion and a measurement for verifying his inferences, in which case it will be dominant over other proofs. To establish the rule in question, references will be made to the proofs such as the QurÞÁn, tradition, reason and consensus and instances of its application in the deduction of religious laws in two respects (the source and origin of the deduction of laws and the criterion for the measurement of inferences (deductions) will be mentioned.

One of the topics that has many results and effects on the science of jurisprudence and usul and also law is "etlaghe maghami". According to the majority of scholars, two definition have been proposed. If in one position "share" addresses the elements and conditions such that some of the components and conditions are stated and some are not, we note that the part that has not been stated, have no role in his purpose. Another definition is initiatives of "mohaqeq naeini": if a constraint such as credit intention in prayer be involved in order of lord, it should be required to explain to responsible person. Because expression may not tie up through word, it should be expressed with another way that is " motammeme jal". So he must give another command. Since this discussion has not been independently investigated, in this paper we have tried to explain the nature and arguments of "etlaghe maghami" and its difference with "etlaghe lafzi" and some of the examples mentioned in jurisprudence, as well as its application in law. This research may clear aspects of this issue and provide areas for further research.

Existence or non-existence of permission in contracts and unilateral obligations and all kinds of legal actions and behaviors; consequently, humans' customary and social relations is one of the most important and vital elements in human life. For instance, regarding the issue of security which has been focused on in different issues, the role and influence of permission has been noticed. The issue of correlation of permission and permissibility with non-security is not a new issue and has been discussed by some contemporary and many ancient jurisprudents. Not only have they supported the correlation of these two rules, but also it is implied that they have regarded such rules correlations as necessary and incontrovertible. However, in the contemporary period, the opposing theory has been more supported as it may seem to be incontrovertible. Having analyzed the drawbacks raised by critics of this rule, it is concluded that given such a correlation is raised generally in cases where permission is necessary, it is not true. But, in cases where there are obligatory permissibility toward the action as primary and it is not subjected to security, and in other hand, no one in this middle has faults or is blameworthy, such a correlation is proved and claimed.