نشریه مطالعات فقه اسلامی و مبانی حقوق
پیاپی 44 (پاییز و زمستان 1400)

The “parallel salaf contract” is one of the contracts created for the purpose of financing and development in the secondary market.There are also types created for this contract, each of which is evaluated with its own characteristics.The degree of compatibility of this contract with the jurisprudential and legal criteria explained in the“salaf contract” is an issue based on which the present study has been compiled by analytical and descriptive methods.It is worth mentioning that justifications or executive mechanisms have been created for the compatibility of such contracts with jurisprudential and legal criteria However, in this article, in addition to explaining some of the points and objections that exist in this field, some of the answers given in this regard are reviewed. The result of this research indicates that, contrary to some of the ideas expressed in this field, the common type of such a contract does not comply with the valid jurisprudential criteria in the “salaf contract”.

One of the main issues about waqf is the divisions that are made about it and each of them observes a specific direction of waqf and expresses certain rules and effects about different types of waqf. For example, the waqf has been divided into two types of "general waqf" and "special waqf" based on the intention of the endower and determining or not determining the beneficiaries of waqf.However, a new division of the endowment can also be imagined, which is based on the characteristics of the endowment property, in which the possibility or impossibility of simultaneous use of the beneficiaries is the criterion of classification. Accordingly, endowment is divided into two types of "fixed endowment" and "circulating endowment" that this research - as the first research work in this background - examines it in a descriptive-analytical way. The purpose of this study is to introduce and theoretically analyze this type of endowment based on the reasoning views of Imami jurisprudence and its necessity is to identify a new type of endowment that differs from other types of endowment. In the case of a circulating endowment, the endowment property is given to the beneficiaries of waqf in a sequential manner, and they benefit from the endowment in a rotating manner, and each beneficiary, after the use, gives it to the other person. The results of the research indicate the reasons for the legitimacy of the endowment for this new type and the existence of conditions for its validity.

Sharia solution means a solution that, according to general rules the parties of contract are allowed to use it. But, as the parties’ purpose is to abscond from religious sharia and legal prohibitions and restrictions, there is some disagreements about its validity in Fiqh. Some faqis believe on using it. The principle of correctness is also invoked to prove this belief. In contrast, some believe that Sharia solution is invalid. The most significant reason for those who believe in its invalidity, is the obscenity of lawgiver's purpose violation.The purpose of lawgiver in banning usury is oppression or other kinds of corruption in it. By changing the title and at the same time allowing such corruption, the purpose would be violated. Therefore, the purpose is violated which is reprehensible and in fact, the lawgiver is not allowed to commit it. Also in legal system, similar contrasts are visible. The same approach could not be inferred from civil act. However, it seems that the issue should be solved regarding to general principles. In this article, an adopted approach is emphasized on real intention for creating contract. As a result, it should be considered that in spite of applying Sharia solution whether the two contracting parties have a serious intention to deal or not. The negative answer to this question, means nothing but contract's invalidity. In this article, by introducing a case study, apart from the theoretical discussion in this regard, an attempt is made to imagine a judicial procedure approach

Globalization is one of the concepts that has had a profound impact on many political, cultural, social and economic currents in the last decade of the twentieth century. Globalization expresses a kind of worldview and thinking about the world as a macro and interconnected system that can be a conceptual framework for explaining the current realities of the world. Globalization is also a concept related to globalization. Although there are teachings in Islam - such as universal invitation and propaganda and an all-encompassing Islamic caliphate - that indicate its universality, it contradicts the common theory of globalization and globalization. In this research, it will be shown that the theory of globalization is in contradiction with the jurisprudential rule of "denying the mustache". The mustache negation rule, which explicitly considers submission to globalization and globalization as a kind of prelude to mustache and domination. The study of this jurisprudential rule and its contradiction with globalization is the focus of this article in a descriptive-analytical method.

Privacy and its observance or non-observance in numerous categories of today's society is one of the key concerns of people in society. Regarding the way of life today, people's privacy is violated in many cases in daily life and brings about problems such as deprivation of comfort and disturbance for people. Based on its comprehensiveness, the religion of Islam has rulings in this category. In the current study, to investigate the manner and extent of realization of these rules in Iranian architecture and urban planning, the existing rules are identified and classified, and the way of implementing the practical rules extracted is studied at the local scale and in Khan Yazd neighborhood. The research method is descriptive-analytical, and the method of collecting information is library and field observations. The research results show several examples of privacy in its various dimensions and the context under study, such as the lack of opposite doors, the least number of openings from residential uses to the passage, the retreat of the entrance of houses compared to the alley, alignment of the height of the mosque with the surrounding texture, the retreat of the cells around Khan Square to the main passage, the separation of the riding and pedestrian areas in most parts of the neighborhood, maintaining water privacy by transferring water through aqueducts, lack of congestion in the neighborhood even in markets and bazaars, etc. Also, privacy in all respects is at a desirable level.

The right to freedom of movement is one of the fundamental human rights as defined by modern legal systems, conventions, international documents and domestic law. Visa issuance was studied comparatively. Studies show that the issuance of visas, as one of the documents related to the right to freedom of movement, is an exclusive competence of states in international documents and domestic law, but in regional documents regarding Refugees, legal immigrants, patients, athletes, stateless persons, artists, researchers, is a statutory responsibility in the Iranian legal system regarding the freedom to leave the country. The components of freedom of movement in international documents face many problems and difficulties. The research findings show that there is still no global consensus on the enactment of sound visa regulations by governments. The purpose of this article is to study the important groups affected by this right and the limitations and facilities that governments have in issuing visas with a comprehensive approach.

One example of multiple property liability for single damage is the liability of apartment owners for damage to common areas. In Iranian law, the customary invocation of a harmful act to the perpetrator is the basis of responsibility, and the theory of fault can be helpful in recognizing the custom and unusual behavior of apartment owners in caring for common areas. According to the rule " He who has the sheep is liable for the penalty", the owners, as the beneficiaries of the common parts, are the guarantors of the preservation and maintenance of these parts, According to some jurists, the connection between damage and benefit makes the owners responsible for the damage caused by these parts in the first place.According to Articles 4 and 10 of the Apartment Ownership Law,each owner's share and obligation The cost of common parts is determined by the area of private parts; now the question arises, assuming the damage caused by the common and general parts of the building, who is responsible and what is the distribution of responsibility?Assuming that the damages are not due to non-observance of construction technical principles and the builder pays special attention, each of the common owners is responsible for maintaining and paying the running costs of the building in proportion to their own share of the total dedicated share of the building.It is also jointly and severally liable for damages to other third parties and the rule of joint or several liability will not apply to the owners

The dynamism of Shiite jurisprudence is in the light of the potential capacities of the government and more attention to secondary topics. The use of corporal punishment (stoning, flogging, amputation and execution) as a hadd has been considered contrary to the human rights obligations of the Islamic Republic of Iran and has provoked reactions. The result of this research, which has been written in a descriptive-analytical method, indicates that according to the jurisprudential rule of the sanctity of hatred of religion and global tendencies on non-imposition of corporal punishment, it is possible to limit the mentioned punishments. Although the requirement of the first sentence is the stability and irreversibility of corporal punishment , but according to the interpretive views of human rights institutions and the existing challenges, the issuance of a government sentence based on "sanctity of hatred of religion" is possible and temporary. It is provable and the Islamic ruler has the authority to limit corporal punishment. Iranian courts, at the discretion of the Supreme Leader, can minimize the use of corporal punishment and avoid the international responsibility of the government and protect the interests of the system.

Sometimes the importance of the crime or the circumstances of the offender is such that the legislator, in addition to enforcing the main and supplementary punishment by enacting regulations, has created other types of punishments with the effect of deprivation of some social rights. This article aims to investigate the challenges of subordinate punishments in Iranian criminal law and its legislative process from the abolition of subordinate punishments to the revival of subordinate punishments, using library documents and resources and has reached the conclusion that descriptive and analytical; Subsequent penalties have numerous legal and administrative challenges, including Irrevocability and conversion of subordinate punishments, permanent deprivation of some social rights, inequality and inflexibility of subordinate punishments, long period of elimination of criminal record, non-removal from judicial record, application of subordinate punishments after termination of life sentences and life imprisonment, no The special authority foresaw the completion of the subordinate punishments, the application of the subordinate punishments according to the subsequent law, the non-application of the subordinate punishments for the absent person and the non-prediction of the plaintiff's pardon after the execution of the sentence.

Today, global development has changed the lifestyle of eating and drinking, and with the increasing expansion of the food industry and related sciences, many issues have been faced by Islamic jurisprudence. Meanwhile, the approach of the food industry to products containing insects and the abundance of these products in Islamic markets, was a problem to make this research necessary to re-read the jurisprudential ruling on the prohibition of insects from the perspective of Islamic jurisprudence, with emphasis on Imami jurisprudence.In previous research, although the subject of eating insects and its benefits have been researched, but most of that research has been done by researchers in experimental sciences and the main field of research in them has been based on food industry, agriculture and economics. Therefore, this research is done for the first time in the form of an article, both in terms of relying on the jurisprudential sources of all Islamic religions and in terms of the implementation of jurisprudence graduates.The research method is descriptive-analytical by referring to the jurisprudential sources of Islamic religions, especially the Imami religion. After examining the reasons mentioned in the sources for eating insects, it was determined: Contrary to the general understanding about the prohibition of eating insects in Islamic jurisprudence, the ruling on eating insects is suspended between the permissibility of all and the prohibition of all, and in Imami jurisprudence, there is no reason accepted by all jurists to be forbidden.

The immature girl's mind has different rules and consequences and can be explored from many angles. Given the importance of the subject and the differences of the jurisprudents over some of its rulings, the necessity of re-examining the proofs of the proofs of Imam Khomeini's works and its consequences is further advanced. This descriptive-analytical study, using documentary and library sources, explores the dimensions of this issue, and seeks to provide a rationale for revising this jurisprudence. In the event of a dispute over the positive arguments of al-'Af zah jurisprudence and proof of the decline of the connection, the religious necessity of copying some of its religious works may also be debated, especially as medical and surgical science has advanced in this age. If Jurisprudence is eliminated by surgery or by other means, will the Jurisprudence on Jurisprudence be abolished? The findings of the study indicate that the evidence cited for eternal dignity and the necessity of alimony, even in the case of intermarriage and marriage with another man, is not based on correctness. Creation of works has been the fault of Afzai. When treated with surgery, the defect disappears, which means eliminating the cause of the effects and, consequently, the effect of everlasting reverence is lost.

The presence of the US forces on Iraqi territory and the friction between them and the Iraqi military forces, and the dissatisfaction of a wide range of Iraqi political parties with their actions and the demand of the people, government, political and religious officials to leave Iraq, have criticized the legitimacy of their presence in Iraq.The present research, while addressing the widespread US intervention in Iraq, it will be examined whether the Baghdad-Washington security agreement and Iraq's request to the United States to fight ISIS could legitimize the presence of US forces in Iraq, or the content of these two documents is not enough for continuing legitimacy of the presence of US military forces in Iraq, and the resolution of the Iraqi parliament about expulsion of foreign forces from Iraq has completely outlawed their presence.Finally, it becomes clear that the security agreement, although temporarily legitimized the presence of US troops, but that legitimate time had limited until 2011. So, under the agreement, the Iraqi government can requests the withdrawal of US troops at any time thereafter.The consent of the Iraqi government has also been subject to the time and circumstances of the fight against ISIS, which has lost its legal effect after 6 years of this consent and the defeat of ISIS. The decision of the Iraqi parliament and the approval of the political parties and the Iraqi government (former and current prime minister) also indicate the illegitimacy of the presence of American forces in Iraq.