نشریه مطالعات تطبیقی فقه و اصول مذاهب
سال یکم شماره 1 (زمستان 1397)

One of the crime that has long existed in human societies is smuggling and it has found a new concept and approach with the advent of political boundaries. Smuggling has not been investigated as a crime in jurisprudential texts. Of course, it can be criminalized by referring to the principles of jurisprudence and its consequences. This principle «کل معصیه لیس فیها حد مقدر، ففیها التعزیز»Every mite has no estimated limit, so it has discretionary punishments) shows that sins and offenses that are not punishable by religious law are discretionary punishments (ta;zir). If the determination of the type of punishment and its effects has been assigned to the ruler under certain conditions, it is called discretionary punishments (ta;zir). In the law;s of the Islamic Republic of Iran smuggling of goods and the currency is known as a crime and has been punished by such sanctions as: whipping, imprisonment, staying away, and payment of money for intended to deal with criminals. This paper uses the description-analysis method to illustrate the relationship between the jurisprudential principle cited above and the crime of smuggling goods and currency.

In recent years, increasing numbers of researchers have been studying the role and functions of religious education and religious orientations in strengthening students' psychological dimensions and have tried to study the relationship between religious orientation and ethical concepts in different layers of society. Therefore, this study aims to investigate the relationship between religious orientation and mental health of high school students. So, as a descriptive-survey study, 248 female and high school students were selected as a sample group using multistage cluster sampling. The data were collected using Allport’s Religious Orientation Scale (ROS), General Health Questionnaire (GHQ). In addition to descriptive statistics, Pearson correlation coefficient and t test were used for data analysis. The results of this study showed that there is a direct relationship between religion or religious beliefs and mental health. The findings have also revealed that the more internal religious orientation will lead to the higher the mental health. This is while the greater the orientation of the individual in the field of religious externality will be resulted in the greater the feeling of fatigue and physical symptoms.

There are a few government in the world which have a united culture. Generally, one culture as an official and dominant culture is supported by the central government and recognized. Such an approach results the discontent of other cultural groups. Different groups who are in such a situation, often claim their rights by human rights literature or minority rights. A number of theorists have proposed an “equal citizen” theory to solve this problem. The other ones also, have provided a solution to claim the rights of cultural groups and minority by presentation the theory of a “different citizenship’’ or “multicultural citizenship’’ and sometimes ‘’tended multicultural’’ in the area of minority rights and citizen rights. Among these theories, the theories of thinkers such as Will Kymlicka and Irish Marion Yang are significant. .Qur’anic verses and Islamic law sources have special rules hereof, and they seem to confirm the approach of a different citizen with equal citizen. This article seeks to challenge the classical theories of citizenship rights on the basis of "equal citizen" and on the basis of the theory of "multicultural citizenship" and "different citizens" of the abovementioned scholars and a number of Qur’anic verses and affected by the aforementioned theory, provides a new framework for claiming minority rights and solving their problems in countries with mosaics of ethnic, national, cultural and different identities. And seeks to provide a model that is consistent with and compatible with multicultural countries to peaceful living with admission of different the other one.

One of the fundamental rights of consumers in relation to vendors of manufactured goods is the right to cancel a transaction or sue for exhibitory action, i.e. claim damages, in case the merchandise is defective. Therefore, in case the actual merchandise to be sold is not seen in a transaction (Kolli Felzammeh),and the supplied merchandise is proved to be defective, the customer is entitled to a replacement. Moreover, if the defective merchandise or service causes a harm to the consumer because of the said defect, the injured party is entitled to ask for compensation. Such a legal action would of course be contingent upon proof of defect. In the Iranian Civil Law, based on Imamie School, the merchandise is assumed to be in a condition of integrity at the time of the agreement. In case of a conflict, this principle requires the customer to be the claimant and the vendor to be the denier. Accordingly, the customer is required to prove that the merchandise was defective at the time of the agreement and that it belonged to the vendor. In line with contemporaneous situations and advanced legal systems, the Iranian Consumer Rights Protection Act (CRPA) of 2009 intends to restrict the Principle of Integrity of Merchandise. In the relationship between suppliers and Consumer; the contract does not presume the integrity of the merchandise. Rather, the statutory presumption is that the merchandise is defective, and it is the vendor who must prove the contrary, and the integrity of the merchandise.

The translation of the Qur'an into various languages for the understanding of its teachings is firstly allowed and secondly necessary - conditional on observance of the rules of translation. To provide accurate translations, familiarity with theology, jurisprudence, Quranic sciences, Arabic commentary and literature, and a number of other literary and Islamic sciences is necessary. Because there is a close relationship between the translation of the Qur'an and jurisprudential laws, the translator must be careful in choosing the words and finding the vocabulary and combinations of the target language, and paying attention to the conceptual meaning of the words in order to better understand the verses as God's purpose has been reflected. One of the Quranic science is to understand Mojmalat and their reasons. Homonyms are one of the most common reasons of Ejmal. In order to find equivalents for homonyms, the translator has to choose the correct meaning considering the attached evidence, the style and other verses related to the subject of the verse. One of these homonyms is the word "khashiat," which implies two opposing meanings of doubt and certainty. This study, reviewing 53Persian and 10English translations from 80verses of Kahf, regarding the interpretation of the murder of a young boy by the Prophet Khezr, while pointing out the views of the commentators, has shown which of the meanings of Khashiat is correct.

True format and definition for “substance sale contract” is one of the discussions in Islamic jurisprudence. The majority of jurists say: “It is buying a substance cash, by the seller who sold the same thing loan and for a more price.” This definition is more popular between scholars. Hanafie, Malikies, Hanbalies, also consider such a transaction to be void and incorrect, based on prophetic traditions, Estehsaan (preference), and Sadd-uz-zaraye’ (blocking the means). They argue that this contract is a way to Riba (usury). Therefore it must not be allowed. From the other side, Shafe’ies, Zaheries and Shi’its believe that it has no juristic problems. They cite the original permissibility (Asl-ul-Ibaaha) and words received from the jurists and scholars. Ijma’ (consensus), Qiyas (analogy) and some logical evidences are their main sources for this. This article aims to finding out a perfect definition through the views of these two groups and other related rulings in jurisprudential texts. Finally it confirms the second opinion. Couse it have firm and strong reasons and additionally challenge the others well.

Party autonomy principle is an important and crucial principle in contract law and according to this principle the wills of the dealersgoverns all aspects of the contract unless one of these limitations containing ordering rules, public order, and good deed, results in hindrance to the enforcement of the contract. However, since the parties to the contract are not of equal status and there may be contractual inequality, the parties cannot abandoned based on autonomy principleand a strategy should be provided for contractual balance and equality. In some cases, lawmakers have developed some rules and interfered in contract relations to make a balance in the contract, but this case interference of the lawmakers cannot cause equality in the contract and removing imbalance between the parties. Through human rights standardsand its interference in private and contractual relations, imbalance can be brought back to the contract. This paper is aimed at investigating the Interference of human rights standardsin contract law and the way it should be done.

Like other rituals of Islam religion to provide divine present and future interests of the slaves has been imposed. Because this talk is that the sentences imposed Sharia numerous books; clear evidence of compliance provisions is material and corruption. What in between where conflict and differences are wisdom and expediency in the discovery of these criteria and host Mfsdh. hand, all humans can capture a series of contiguous Hdfmnd cunning way of attracting interest and disposal of their disadvantages, he said. According to the study by cunning available in terms of religious and non-religious they had, from the necessities of our age are considered. There are political and solve these problems depends on the existence of a standards and criteria for identifying legal trickery in order to correct the wrong answer. The present research is on legitimate expression of cunning distinction and explanation about Pzhvhanh loot the common gimmick in selling such contracts, Analysis marriage gift to the borrower rather than lender usury, Islamic Fqha’mzahb opinions gathered in these cases.