نشریه مبانی فقهی حقوق اسلامی
سال نهم شماره 1 (پیاپی 17، بهار و تابستان 1395)

Nemesis or lack of nemesis of blind is one of controversial issues in Islamic jurisprudence. Some jurisconsults believe that blind against intentional killing, is not and cited reasons for this idea, in this research, we try to offer proper analysis about jurisprudence and right verdict blind by checking documents of these groups of jurisconsults. One of the results of this discussion is this fact that referred reason of adverse is two narrations that have many problems. This includes presence of and lack of obstacle, scoff in narrations document, thematic conflict of two narrations, proving two syntactic readings that leads to different meaning reading. According to authors, also these narrations cannot prove acclaim of these jurisconsults, because these narrations are without acclaim and in spite of presence of generalities and signifiers on killing sanctity and proving nemesis in intentional supposition, jurisconsult doesn’t need to these two narrations. For rights, about this, explicitly these are no assertion. It seems that ruler satisfied with same generalities and absolutes of nemesis in intentional killing and doesn’t know blindness solely as criminal responsibility and justifying crime, and by considering practices appearances, conceives anybody as responsible of his intentional consequences and results.

Futures contracts are one of the types of derivatives provided in Commerce and trade, and especially in the stock market utilize as a means to cover the risks arising from fluctuations of the price. Futures contract has a lot of similarities to sale predecessor and the only way to differentiate it from sale predecessor is in futures contracts price is delayed like sale. In Futures contracts one of the parties is committed to give the asset defined–namely the underlying asset that can be commodity, currency, securities or index futures-in a specific date in future and get the price, and the opposite side is also committed to get the underlying asset with the same characteristics and  pay the price of being recognized. For the obligation of parties to perform obligations undertaken, the clearing house offer parties a margin, which shall be commensurate with the price changes, it will dampen. Distinguishing these contracts with the forward contract, it is the standard of the quality and quantity of goods can be determined. Scholars and scientists study futures as stated contracts in religious jurisprudence like Kali be Kali sale, order to manufacture, Araboun, magistrate contract and so on. So this contract isn’t under any kind of stated contracts and should be independent contracts. Also, some scientists believe these contracts are gambling or ruled that it is lucre and have it considered illegitimate, and in accordance with the development of the intellectual and traditional documentation gambling and lucre aren’t included in futures and illegality of them are not accepted and it is adduced to the verse of Quran stating “God has permitted trade…”, It is included of legal transactions. Futures based on the verseof Quran saying “… fulfill contracts …” is a kind of irrevocable contract and the other traits of them are formal, obligational and substitutable provisions.

Context implication is a kind of implication that is conceived from the context and it is essential to the text but not express in the teller words. There are three kinds of Context implication which are: demonstrative implication, remark implication, suitable implication. There are three views with regard to the essence of this implication that whether it is concept or statement or another kind of implication. Some believe that context implication is a concept. Others named this implication statement and the last group of scholars believe that this is a separate kind of implication.

With establishment speed of computer systems, people in modern society are increasingly dependent on hardware and software systems. And when the demand for computer systems increased, the possibility of crisis and failure of the computer will increase. Thus, the reliability of computer systems has become a key concern for our life. According to The IEEE defines, software reliability is probability of failure-free software operation for a specified period of time in a specified environment. The problem is that currently most accurate method of software has error, and unfortunately still cannot completely prevent all errors. And software maintenance cost and elimination of errors is expensive, and even because of these reasons may be allowed error to remain in the system. This has reduced the reliability of the software. Previous solutions and procedures to enhance software assurance in various elimination forecasting and fault tolerance techniques has problems such as the complexity of formal methods (nominal) single version and version redundancy techniques, testing costs and the reuse of software code changes. The aim of this study is provide a method to increase software reliability and redundancy without the complexity of the software. In this study emphasize on the use of the capabilities inherent in the algorithm to reduce the complexity of software.

Criminalization is a process whereby legislators with regard to the basic norms and values ​​of society and relying on its foundations; prohibit behaviors anddetermines criminal sanctions for them. The Quran also commands norms for managing individual and society, and protect the human value and criminalized behaviors detrimental to the fundamental interests of the masses. Criminalization of the Koran is assessable in support of human values ​​and fundamental interests of society that story ofconsistent with the Rationality and compliance with human rights.

Judicial and economic security appliances are preparations of an efficient legal system. The main principle of legal security arises as it eliminates the stability of the legal system and has a long history. Islamic law as our strong root of law gives many examples of this principle. The main stage in the judicial system is an activity that we call it judgment. Jurisprudence due to important factors such as independence of judges, respect for acquired rights, common understanding of the law, without discrimination performance has a very important role in the realization of judicial security. The realization of economic security when interpretation of the law is not comply with social and economic realities due to the long process of change and reform of law, jurisprudence can provide an interpretation consistent with the realities of that time and meet the purpose of legal rules to achieve “efficiency”, So important role in achieving it. In this paper, legal security and economic concepts and the role of jurisprudence in their realization with comparative study in the  Iranian law and Egyptian law to be examined.

Recently financial instruments designed and produced to oil market. The main objective of designing these instruments is to improve portfolio risk management and also increasing efficiency of capital markets for making more efficient the Stock Exchange Which the financial instruments called Derivatives. It is require to issue different securities with diverse risk and return. Issuing new securities it must be considered that dealing such securities should not be in conflict with Islamic regulations. In this article, content and mechanism of dealing Options, Futures contracts discussed first and answering to some criticisms raised in respect of this kind of transaction being such transactions as Ghrry Sale, being such transactions as a kali be kali (as named in Islamic Law) and being such transactions non-recognition of the sale right the Sale  may  be noted as this article s result.