Labor is exchanged in different contracts in Imami jurisprudence. One of these contracts that exchanging labor is possible by it is sale contract. Possible of exchanging labor by sale contract in Imami jurisprudence is problem of this paper.
Purpose of this paper is gathering proofs of permit of exchanging labor in Imami jurisprudence and juridical explaining verdict of exchanging labor by sale contract
The explanation of the contracts that in Imamieh jurisprudence, in the form of which human benefit, that is, work, can be acquired by another, is very important in the economic and legal systems based on the Imams' jurisprudence; one of its most important effects is the determination of the nature and amount of the work of the worker. Domain of this article is researching likely reasons of selling labor and also researching views of Imami jurists about exchanging labor by sale contract.
In the last, after explaining likely reasons of selling labor and analyzing their implications, and gathering and reflection on views of Imami jurists, it was resulted that exchanging labor by sale is not permitted in Imami jurisprudence

War and Jihad have been the most important issues of Islamic society and the field of international law since the beginning. In Imami Jurisprudence as well as international conventions for fighting and guaranteeing the implementation of the laws of war, there are rules that all effects and consequences are limited and confined to Imami Jurisprudence and international laws. Therefore, in a descriptive-analytical way and with a historical look at issues related to war in Imami Jurisprudence and international documents, we are looking for an answer to the question, what rules and regulations did Imami Jurisprudence and international conventions have regarding the guarantee of the implementation of the laws of war? Looking at the philosophy of war and jihad in Imami Jurisprudence and international conventions, we find that both of these groups have proposed laws and regulations to preserve and expand the rights of war. According to the obtained results, there are three important elements in the jurisprudence of Imamia in order to guarantee the implementation of the laws of war, which are: the piety of Muslims, the fear of the hereafter, and the existence of a just Imam. Also, the laws of guarantee of international criminal enforcement and guarantee of international civil enforcement in international law documents have clearly emphasized the guarantee of the implementation of the laws of war.

Novation is one of the important topics of the obligations law, that is in its special and traditional meaning a legal act, and has been adopted from Roman law and it has been used in civil codes of the most countries, among them Iran. With due attention to special role of the Imamiyah jurisprudence rules in codification of the Iran civil code, some questions are propounded in connection to novation in Imamiyah jurisprudence, that pursue the remarkable theoretical vacuums; the vacuums and questions which have not been discussed certainly and in expanded way hitherto. The institution of the novation has not been ordained in Imamiyah jurisprudence, because the Islamic law and Imamiyah jurisprudence advanced legal rules have provided for the need to novation in desirable ways. But a sort of substitution of the obligation subject and a type of the changing of legal relations can be seen in Imamiyah jurisprudence that explanation about their nature and making their segregation and subscription points clear toward novation, not only can demonstrate the school of Imamiyah jurisprudence freedom of want, but also can answer to existent questions in this base

By enacting Civil Liability Act in Iranian law, the situation of non-contractual indebtedness in Civil Act that depends on Islamic Jurisprudence became ambiguous. New act created different questions that the most fundamental one is what relationship exists between Civil Liability Act, Civil Act and Islamic Jurisprudence? Are the topics in Civil Liability Act, the same as rules in Civil Act and Islamic Jurisprudence? Law writers, in order to justify the scope of these rules, declaimed different ideas such as allocation or abrogation subjects of non-contractual indebtedness in Civil Act by Civil Liability Act. In this article we emphasize on natural differences between non-contractual indebtedness and consider the cause of enacting Civil Liability Act and the scope of applying that. It will be determined that the logic of these rules and the scope of applying them and its effects have fundamental differences. This study shows we can build the basics of making tort law in Iranian law, depending on expanding the implication of Discretionary punishment awarded by the judge in private law and also the rule of rational prohibition of loss, on the basis of Shia jurisprudence.

Since discounting is the assignment of the delayed monetary credit before the due date for less than the nominal sum، its legitimacy in Islamic jurisprudence (Imamiye and Aameh) and the governing rules and laws has faced some challenges mainly due to the dispute over setting out the legal nature of discount. Thus، in this paper، by inferring from the aggregate Islamic jurisprudential decisions in Imamiye and Aameh Islamic jurisprudence، the legal nature and legitimacy of discounting of commercial instruments have been examined; different types of questionable agreements have been taken into consideration، in terms of structure، based on the two general categories of single (integrated) and combined (mixed) nature. Therefore، some people have considered discount as a single (or integrated) agreement and some others have perceived it as a combined (or mixed) agreement. It appears that discount has an integrated nature in the form of sales agreement that has been recognized as “sales of debt” in Imammiye jurisprudence; the discount’s legitimacy، in regard to this nature، in Aameh Islamic jurisprudence is «prohibited» while in Imamiye Islamic jurisprudence، it is «allowed».

The presence of an interpreter in judicial proceedings is necessary when the parties to the dispute require it. This importance is reflected in the right to have an interpreter in international documents, domestic laws and Imami jurisprudence. However, merely recognizing this right without considering its guarantees, including an independent criminal guarantee for the interpreter, does not ensure the rights of the litigants and the goal of competent judicial governance. Based on the hypothesis of this article, it seems that Imamiyyah jurisprudence has taken into account all of the above aspects (including the recognition of the right to have an interpreter and the civil and criminal guarantee resulting from incorrect interpretation in order to protect the rights of litigants with disabilities or language alien). This research has been conducted using a descriptive-analytical method and is based on library studies to analyze the right to have an interpreter and guarantee it by examining the proofs of the interpreter 's responsibility and considering the optimal criminal responsibility in Imamiyyah jurisprudence. Considering the silence of Iran's criminal laws, this article, along with the jurisprudential analysis of the interpretation and the explanation of the gaps in criminal responsibility in Imami jurisprudence, suggests the necessity of predicting it in domestic laws.

The Iranian civil code is a legal and cultural masterpiece which has an important role in Iranian law system. It is the result of the Compatibility between tradition and modernity. It has been based on the rule of the Islamic Jurisprudence or Islamic law which is known as Fiqh , and the modern legal system (French civil code). But these two important resources play different roles in the plan of the Iranian civil code. The structure, chapters and articles of the civil code have been adopted the French civil code , but its contents has been founded on the Islamic Jurisprudence (Islamic law i.e. Fiqh) , as stressed  by the writer of Iranian civil code. The effect of the Islamic Jurisprudence (Islamic law i.e. Fiqh) on the structure of the civil code is to the extent that some legal writer and jurists call it properly, “ Persian Jurisprudence”. This fact is effective in interpreting civil code. Duality of resources and approving hastily result in deficiency in Iranian code civil. This article is aimed to review of the resources and structure of Iranian civil code.

In Islamic jurisprudence, public treasury has various expenditures. Using the descriptive-analytic method, this research studies Imāmī and Shāfi’ī jurisprudences on the question as to upon whom the responsibility for the costs of public interests that cannot be procured in any other way should fall. There are various cases in Imāmī jurisprudence; however, the present research examines five cases: First: alimony for the martyrs’ families; according to both Imāmī and Shāfi’ī jurists, they consensually say that fighters (mujāhidīn) and their families should be given serious attention, especially in terms of economic and livelihood, for jihad and defense of the Islamic world are considered as the fundamental issues and great interests of Muslims. Second: marriage expenses of the needy; Imāmī jurists permit using various sources such as a share of “fī sabīl Allah” (for the sake of God) and public treasury to cover such expenses. Some Shāfi'īs including “Shirbīnī” pays attention to this issue. Third: alimony of the abandoned (laqīt); According to Imāmī jurists, the responsibility for expenses and alimony of an abandoned is to the public treasury. Shāfi'īs believe that if an abandoned possesses property, multaqit (finder of the abandoned) could consume it with the permission of the ruler, otherwise, the public treasury is responsible for paying alimony to the abandoned. Fourth: The cost of the shroud and burial of deceased Muslims who cannot afford it; according to Imāmī jurists, if someone did not undertake it voluntarily as a most recommended deed, the State can conduct his/her burial using the public treasury and a share of “for the sake of God”. Shāfi'īs also pay attention to this issue so that some order to pay the public treasury for it. Fifth: Paying debts of debtors; based on Imāmī jurisprudence, the public treasury and its sources such as almsgiving (zakat) and public property (anfāl) could be used for it, while in Shāfi'ī’s, if the debtor does not have financial ability, he/she is given a deadline until he/she pays his/her debt. Otherwise, his/her debt would be paid from the share of zakat of “wal-ghārimīn” (and the debtors).

Takaful is an instrument similar to and as an alternative of insurance and has been recognized in some Sunni countries such as Malaysia. In such contexts, it is believed that usury (Riba) exists in insurance contract. This article primarily explains all of Takaful models based on Ja’fari and Sunni jurisprudence and then proceeds with evaluating its correctness function in Ja’fari jurisprudence. It is suggested that (1) based on Ja’fari and some cults of Sunni Jurisprudence the two Takaful models (Mudharabah and Waqf) don’t match, but the others are correct; (2) Takaful contract is the combination of two contracts: one of them is among the participants with Tabarru’ intention of contribution to Takaful fund, and the other is between participants and operator, based on the agreed model, in order to empower the Takaful operator to implement insurance process and invest on the activities of Takaful fund in Islamic markets.

Breastfeeding as a special institution in sanctity creating is an exception to the principle of the permissibility of marriage; for this reason, it is necessary to pay attention to its limits and conditions. These conditions are stated both in Imami jurisprudence and Sunni jurisprudence; with the difference that Imamiyyah jurisprudence's approach is strict about sanctity creating caused by breastfeeding and it is necessary to meet the seven conditions precisely. But in Sunni jurisprudence, they believe that sanctity is created more easily, and in some opinions, even the condition of age or the amount of milk is not relevant in creating it. In the logical analysis of the issue of breastfeeding and its conditions, it is necessary to know its place in the discussion hierarchy. Therefore, first of all, in the Establishment of the principle, it should be known whether the sanctity caused by breastfeeding is in favor of the principle or against it. In the current research, the famous saying of the Imamiyyah and the four Sunni sects have been expressed in a descriptive-analytical method, with documentation from the Quran, hadiths, consensus and practical principles. Then, a suitable analysis has been made along with the comparison between the views of Imami jurisprudence and Sunni jurisprudence. Considering that the sanctity caused by breastfeeding is permanent and includes a wide range of people in longitudinal and transverse relationships, and it is contrary to the basic principle of the permissibility of marriage; It seems that the extensive approach in realizing sanctity is against the principle and against the provisions of correct traditions and logical analysis, and it is necessary to meet the necessary conditions carefully.