پژوهش نامه فقه اجتماعی
پیاپی 11 (پاییز و زمستان 1396)

In religious texts, prison is not considered as a main punishment, but it is as an exceptional tool that is applied just in necessary conditions. The holy legislator allows the application of prison punishment just in a few cases and never considers this issue as a major tool in punishing the criminals. Despite this fact, the legal system in Iran has predicted prison as a punishment for most of criminals and this causes harsh consequences that are resulted due to the increase in the jail population; therefore, the prison-based damages has forced the legal scientists to find a solution for solving this widespread problem. Whereas the main reason of this problem in prison and unusual growing of this punishment in the judicial system of state is ignoring the opinion of sharia which is resulted from the confusion in two concepts: imprisonment (Habs) and prison (Sijn). In this paper, by surveying juridical literature and references, we want to approve the difference between the concepts imprisonment (Habs) and prison (Sijn) and then, by criticizing the legal system of Iran for taking a distance of these concepts and neglecting the opinion of Islam legal system about the limitation of application of prison, we try to take a step towards reforming and refining the rules and reducing the prison punishment in criminal system of the state.

One of non-usurious banking contracts in Allocation of resources, is the hire-purchase contract replacing conventional methods of making loans in non-usurious banking. This kind of contract with extensive usage will be able to solve a major part of the needs of economic units. On the other hand it could be useful for clients because he pays the rent with more confidence and owning it at the end.
The central question of the research is juridical challenges about nature of hire-purchase contract in non-usurious banking. According to this article, the nature of hire-purchase contract faces different challenges like violation of “the contracts follow the intentions” principle, formalization of contracts, and ambiguity in conditions of hire-purchase contract. In this study, we analyze these items, finally, we will offer suitable juridical solutions

Social sciences as humanistic Knowledge manage and regulate the human social life. The jurisprudence also deals with the study of the requirements and the results of the holy legislator contingents. From this perspective, the jurisprudence can be founding models for managing Muslim community. According to the studies, Insistence on individual Jurisprudence and Lack of reviewing in it, will not work for social management. Maximalist means the maximum citing personal issues, public management and governance issues into religious texts and rules. Reaching to this point of view about Jurisprudence indebting to an expansion occurred in Shia’s Jurisprudential system through a special method which called “Ijtihad”. Maximalist with its three forms had been the mainstream in the history of Shia Jurisprudence. The first form of maximalist accepts religious texts as a main source of knowledge and discovers individual duties and social rules from them. The second stream of Maximalist, focuses into systematic deduce from texts. The third form of maximization, with the advent of the civilization of modernity and the ultimate goal of human development through the rule of humans, is to seek to cope with it through the supervision of social evolution, backed by the theory of the rule of the jurisprudent and the organization of jurisprudence. This theory reached maturity in political and juridical practice of Imam Khomeini.

In the Islamic branches, changing the judgment is one of the issues that religious ‎scholars have been argued in more details in contemporary and foretime. All the ‎Islamic branches have admitted the permission of changing juris consult’s legal ‎decision as a principle and in the point of view of that branches, juris consult can ‎back out from his decision.
Therefore, the main idea of the writer in this article is ‎that which factors are effective in changing decision. We analogy obtain factors form ‎the decision of jurisprudents and try to explain some jurisprudence examples.
In ‎general writer believe that two factors have effected changing decision in Sunni ‎jurisprudent: “1- changing the subject” and “2-receiving new evidences”.
These are ‎affected by some issues such as: 1- changing the age 2- changing the place 3- ‎changing the situation 4- changing the custom 5- changing in people’s ability and ‎facility 6- changing the opinions and point of views 7- changing in social, economic ‎and political circumstances 8- generality for involving the issues

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

The issue regarding the multiplicity and inclusion of the atonement is to be considered among those topics which have deserved less attention in Islamic criminal law. In Islamic criminal law in 1370, the spirit of some law articles says that some atonement were in exceptional cases included. Due to this fact, the knowledge of these exceptional articles was quite hard. Hence, the legislator, knowing this fact, in developing the Islamic criminal law of 1392, tried to extract the rules governing the multiplicity and unity of the atonements from juridical texts and make it law-like.
The chapter concerning the inclusion of or exclusion which has been discussed in part nemesis and atonement of Islamic criminal law of 1392 is rooted in the rule of "inclusion of exclusion of atonements" which has been discussed in detail in princlipal and juridical textbooks. This research embarks on discussing the topic "inclusion and exclusion of atonements" from the abovementioned rule and then tries to find out about the multiplicity and unity of the atonements, mentioning criminal instances, at hand narrations, and when needed mentioning the technical viewpoint of judiciary