نشریه مصباح الفقاهه
سال یکم شماره 1 (پاییز و زمستان 1398)

There is a different opinion in the jurisprudence of Imamiyeh and Iranian law regarding the unity or duality of Vision option and Option of default description. Civil law has not taken a clear position in this regard, and mentioned these two Options in clause 5 of Article 396 together. It has been assumed that two Options have a single nature.Imam Khomeini, in Tahrir Al-vasilah, used the general title of Vision option for some cases that seems to be examples for Option of default description, but in the Al-Bai he explicitly state that the two options are distinct and separate from each other. In this paper, which is descriptive-analytic, by examining the given reasons, the viewpoint of Imam Khomeini means independency of two options has been strengthened and accepted on the basis of existing foundations.Accordingly, Option of default description exists when the goods are traded by description in the contract, but when the transaction is carried out with the description outside of contract and its collusion or on the former sighting, the Vision option will be available.

The retribution of the soul is predicted as the main punishment for deliberate crime against the physical integrity of individuals in the verses and traditions and consequently in Islamic jurisprudence and the law of punishment. The establishment and execution of the retribution of the soul is bound to exist. There are a total of four conditions in the jurisprudential and legal sources for establishing retribution for premeditated murder: equality in social status (religion and race), religion, gender, and general conditions of duty. Narratives that confirm the verdict of retribution and the payment of surplus blood money in cases of premeditated murder by a man have cited gender, namely male and female victimization, as important conditions for the retribution of the soul. Given that this religious denomination has been disputed today in Western scientific societies, especially among pro-feminist schools, it is important to address it. This article will review and critique the method of library and analytical-descriptive method of jurisprudential views on gender, and its impact on the retribution.

One of the rules governing diet is the rule of diet of members of one (unit) and of two (etna), in which this text is interpreted in terms of couple and individual. This rule has been accepted by all Shiite scholars and Sunni religious scholars, but there is disagreement over its documentation and criteria, including the Imamiyyah documentary, Hisham ibn Salem's public comment and Abdullah ibn Sanan's commentary. But the Sunnis documentary is a sculpture of analogy used by the Prophet (peace be upon him) about the blood of some members; the Sunnis' jurisprudence is not the same as that of the Prophet (pbuh), so that the Hanafis are the cause of the blood. They know the benefit or the privilege of glorification, the Maliki consider the cause to be the only privilege of the benefit, the Shafi'ah the criterion of destroying the totality of creation and illusion, and the pain of crime, and sometimes the criterion of glorification is the privilege of glorification. The Hanbali also see the cause of complete bloodshed in most cases as Profitability and profitability together and Sometimes the benefit or the benefit, this article attempts to study the documentation of the rule in Farrigan , and finally, in view of the Imams and Sunnis. The couple even analyze them