فصلنامه پژوهش های فقه و حقوق اسلامی
سال هفدهم شماره 2 (پیاپی 63، بهار 1400)

Unlike the legal system that considers the transfer of debt to be absolutely independent of of influence of cause and even if it proves to be null or void, it has been recognized in accordance with the general rules of Islamic jurisprudence and civil law. Also, it is considered to be one of the pillars of any legal action, and such a transfer is, as a matter of fact, absolutely influenced by the original relationship. In the relationship between the hands entered in negotiable instrument, there is an important deviation, from the general mentioned rule, and that is when the negotiable instrument is circulated after its signature and submission to the first  holder by indorsment, there is not heared the objections of  invalidation or inexistence of original relationship by previous hands. This concept of negotiable instruments  law have been called not Paying Attention to the Objections in Patent Rights. Because of the appearance of a clear conflict with established jurisprudential rules and traditional laws and invalidity as the origin of the right, it is unacceptable for a person bound by jurisprudential principles but in order to consider institutions  in which the lawmaker has appointed persons to be trustworthy to appearance or merely because they have genuine confidence in the emergence of the rightful owner, on the one hand, and the precision of the jurisprudential institutions that make individuals responsible for the caused damages on the other, it obliges them to e indicate that the mentioned principle is jurisprudentially justifiable.

This present paper has been written for the purposes of  knowledge and evaluating the importance of the time`s role in committing a crime according to the legal view point;  its data is collected by documentations method,  and its data analysis is used with descriptive-analytical way. While examining the points of strength and weakness of the existing criminal statutes on the subject matter, it will be tried in  this research to discuss the area of the concept of time requirements, its effect on the validity of penal code, lapse of time, analysis of  relationship between time and criminal liability, the influence of time element on the punishment process and manner of adaptation a punishment to the time requirements, finally considering the relationship of time with some causes of punishment abolition. The results of this study states that the phenomenon of time and its requirements play a part, sometimes as a causative or procuring factor of a crime from a criminological perspective, and  occasionally, its role is as a condition for the realization of the physical element of the crime, mitigating or aggravation of criminal liability and the factors of commutating, modifying, suspending or delaying  the punishment from the criminal perspective.

In the present article, with the focus on the child's inheritance and descriptive-analytical method, we tried to distinguish the approach of two legal systems of Iran. In this regard, three issues are explained in the two legal systems: the causes and barriers of inheritance, share of the child's inheritance and the inheritance status of the particular child. And it is concluded that despite the fact that in both legal systems Sanguinity and marriage are necessary for inheritance and there is a gradient pattern in the division of inheritance, but in British law, on the one hand, the barriers to inheritance are exclusive to the murder of the deceased and, on the other hand, the gradient pattern is adjusted by the rule of priority and if there are children, they do not inherit the deceased parents. Regarding the inheritance status of other child cases, it became clear that in Iranian law, the existence of a legitimate birth is necessary in order to realize the inheritance. While in UK law, by adopting specific acts, in addition to the criterion of kinship, both legitimate and illegitimate and contractual criteria have also been identified.

One of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are still greatly-felt shortcomings in regard to children’s educational rights. For instance, lawmakers have specified no educational rights for fetus before it is actually born as a child, and considering the after-birth period, they have solely sufficed to the application of two legal articles, namely 1178 and 1104 articles, in a vague and brief way. This is as Islam, as a religion, has not only legislated special educational rights for the fetus actually in three phases of before the marriage of parents, before conception, and before the birth of the child, but also has explained several special educational rights for the after-birth period that lawmakers should include in their child protection laws.

One of the outstanding elements of the principles of deduction of religious laws is the contingency of Islamic rulings on vice and virtue. Attention to the element of expediency in family law can be examined under various topics including the issue of polygamy. By studying and deliberating over this topic, and as a result of the present study, which was conducted using a descriptive-analytical method with the aim of investigating the role of the element of expediency in the contraction and extension of polygamy rulings, it can be construed that polygamy is not inherent in marriage, and considering the interests of the family, the wife is entitled to protect herself from the husband’s potential promiscuity by receiving assurance or a commitment from him. In contrast, in today's society, due to the rising rate of divorce, the declining rate of marriage among young people for a variety of reasons, the growing number of widows, and the presence of men whose spouses cannot meet their sexual needs due to cold temperament, sexually transmitted diseases, or unwillingness to have children, the expansion of polygamy can be justifiable subject to the observance of rules and regulations and can be considered compatible with the interests of society.

The unit news is considered as one of the suspicions of two directions for proving the proof and the realm of authenticity. Some, referring to the appearance of some quranic verses, consider following the unit news as the case for following the opinions of the quran which is subject to the quranic verses. Well - known rulers have restricted the credit range of the unit news of the issues should be made by binet, in which justice and multiplicity are conditions. One of the most important applications of the unit is the study of public jurisdiction. The main question of this research is whether the general competences of individuals by citation of the most important applications of the unit is the study of public competencies. The main question of this research is whether the general competences of individuals are denied by the unit news? Research in the main sources and also on the basis of field research has been done, from the viewpoint of experts in the process of selection and implementation of qualifications, news of the unit lacks value and validity, but some of them consider the time and position required for the candidate.  According to the conditions and characteristics of the narrator or the sources of research, they consider it as a symmetric and more investigation.

An essential principle that constantly implies a two-way relationship between subject and rule is the proportion principle of the subject and commandment that is obtained as a result of mental concentrations and traditions of understanding. The wise legislator, in the position of expressing rulings in common and understandable language has expressed its instructions in terms of the proportion of the subject and ruling as a proof and validity of the legislator, has created this capacity for jurisprudential rulings to maintain their effectiveness over time. As a method of inference, this principle has also been considered by jurists. Several articles have been written on the proportion principle. The main question is that are there any reasons that have led to the discussion on the proportion of the subject and ruling? What has happened in our religious literature in the context of time that we have been allowed to enter the discussion of the proportion of the subject and ruling? In this paper, the origin of the proportion of jurisprudential subject or ruling is discussed. The openness of this discussion has been presented in our jurisprudential, principled and sometimes legal assemblies to factors such as the passage of time and the semantic evolution of evidence words of rulings, separation in jurisprudence as an example of "it is up to us to state the principles for you and it is up to you to extract the branches, the presence of clues generating evidence rulings, the existence of a free area in evidence of rulings, especially in governmental political rulings and the accuracy and depth of Shiite jurisprudence through inference.

Firstly, the theory of "jurisprudence of social systems" was crystallized by Shahid Sadr in the book Iqtisaduna (Our Economics) and has been reported as a new approach in jurisprudence, in which the Islamic mujtahid, different from the micro and individual view, to jurisprudence and the category of ijtihad, with a systematic and comprehensive view seeks to analyze jurisprudential issues. He or she seeks to infer the "social systems" from religious sources. Therefore, as individual jurisprudence is responsible for expressing individual rules and duties and is responsible to religionize the actions and conduct of individuals in the jurisprudence of the system, while relying on the Rationalists' decision and the mantaghat-al-faragh. As one of the main elements of this approach, the jurisprudence of the system is responsible for infering the rules of governmental and social structures and relations in order to administer the religious and divine management of society. Therefore, the jurisprudence of the system is an approach that creates the government, society and sovereignty, and in the field of jurisprudence and ijtihad, it competes with its rivals."Secular jurisprudence" and "social jurisprudence" are considered as the two main approaches in front of the "jurisprudence of the system" approach. This article, by emphasizing the re-reading of these views and proposing the problems and disadvantages of the approach of the jurisprudence of the system in order to violate them, insists on the conclusion that all the opposite approaches are rejected and do not have the power to resist in front of the claimant approach.