فصلنامه پژوهش های فقه و حقوق اسلامی
سال چهارم شماره 3 (پیاپی 12، تابستان 1387)

According to the undeniable significance of methodology in research procedure and its role in understanding of correct criteria and methods of finding out knowledge from respective sources in every science and regarding to juridical regulations, that hint being systematic of jurisprudence and also according to generality of the subject of juridical regulations that causes special methods to find out juridical regulations; study of methods of finding out these, increases the strength of juridical deduction and pave the way of recovering new juridical regulations. This essay presents the idea of methodology of deduction of juridical regulations and classify and study various verbal methods in individual and complex type, rational and verbal – rational methods. In this ground, methodology of referring to verbal evidences, methodology of referring to nonverbal evidences and methodology of referring to subordinate sources will be studied. From traits of this research, classify original and subordinate methods, sorting methods of referring to original sources, presenting particular methods for referring to subordinate sources, study of rational methods of deduction of juridical regulations in field of axioms and implications of theoretical reason, axioms and implications of practical reason and bringing the indisputable examples with manner of reasoning in every issue, can be mentioned

Religious laws and commands firstly view people normally and naturally.But when executers face difficulty, the first command will be changed and in some cases it will be omitted.Indigence and reluctance are those factors which change or remove the command.These subjects are include in written laws and religious scales for a real person; jurists and lawyer have elaborately discussed about.It seems that when a society having legal entity and obligation, faces indulgency, the duty will be omitted from it as it is omitted from a real person duties or another duty will be determined.Due to development of indulgency for the society, real person rights and duties which are relevant to the society will be changed as well.

The difference between giving testimonies by men and by women is considered by some scholars as a defect in the woman’s value as human. There are minute, delicate points in creation of the man and woman as well as in the worldly and spiritual expediencies of it yet to be discovered; there are also wise points and secrets in the Islamic orders and rules that, without having sufficient, deep knowledge of them, surrealistic judgments about the rights of the man and woman would be much nonscientific and unwise made hurriedly.All our problems are the result of our misunderstanding or ill-treating and our lack of adaptation to the liberating orders of Islam. What is undoubted is that by forming a right understanding and full administration of the Islamic rules and values we will need no other rules than Islamic ones.In addition to proceeding through the cases in which women`s testimony alone or together with analytical discussion on difference of testimony judgments of man and woman. At the end, it acknowledges that testimony is not related to reason and reasonability but what is taken into account in this connection is sense and objects of sense. Thus, inequality of value of a man`s and a woman`s testimony is not considered as a reason for disparity of their perceptions but it is an expedient by the legislator to lessen probability of error and fault in the affairs which are somehow depends on life, dignity and social status of people.

By history martyrdom and scientists confessions, the bookish pagans have lived by Moslems side with peace of mind and human rights and lawful freedom in the Islamic government and have made use of citizenship as who undertakes.In this article, the researcher tries to consider situation of bookish pagan in the Islamic society especially in the Islamic republic of Iran in full of branch of law completely and will obtain the opinion of religious jurisprudence and law too, and will draw the Islamic international personality in connection with bookish pagan and will prove that nothing religion except Islam don’t take care of opponents rights.

The investigation of the written Literature of the Shiite Jurisprudence Clarifies this fact that there were two dominant opinion about the usury from the last time. First, the exceptions of usury for four group in traditions. There are no usury among son and father, wife and husband, slave and master, Moslem and disbeliever.Second, According to the dominant opinion they entered mother as the meaning understood from the word Walid (father) and Rajol (man) by expanding them in traditions. The correctness of the speech of the dominant opinion is depend on the determination formed by unanimity of all the jurisprudents and some traditions.The present essay through library research relying on descriptive way deals with reference to Jurisprudence writing of the followers of the dominant opinion through investigating of their proofs in order to criticize the basic fundamentals of them. In conclusion there was no authentic Agreeing in opinion and due to the weakness of indication and chain of transmission of Hadith (traditions). It is unacceptable.

In this Article the author explains different viewpoints of Islamic and Iran’s lawyers about the above title. He also proves that when the position of proximate cause and remote cause is equal, liability of compensation of damages contributes between them.

Cloning, particularly human coning, is considered one of the most thrilling technologies in the field of genetics. The birth of human being beyond the natural process is about to happen. This phenomenon would undoubtedly influence the life of modern man profoundly. Different reactions have been taken towards human cloning. Presenting various arguments, most of Sunni juris consults and scholars have opposed this phenomenon based on their own legal foundations and to different degrees. They have declared human cloning forbidden on the following grounds:1.Manipulation of creation2.Performance of a satanic task3.Being an injurious affair4.Contrary to the exclusive way of reproduction5.Violating human dignity6.Contrary to universal intents of the divine law – giver including the survival of mankind7.Contrary to the nature of man8.Leading to corruption on the earth, etc.

One of the conditions in executing retaliation that all the great jurists agree on is disproof of fatherhood. Apart from the philosophy of legislation of this decree in Islam, disproof of retaliation of a father who committed a deliberate crime on his own child, only by the virtue of the in fallible traditions is fixed; but with regard to this point that non - execution of father's retaliation is against rule and decree of retaliation and in such instances the method of jurists is only to be satisfied with the same cases in that proving reasons are stipulated and in the traditions on joining grandfather to father which jurists take them into consideration are not expressed explicitly, so in this matter the view of joining grandfather to father which is applied generally by the virtue of traditions is objected.

Jurists believe that adultery is entrance to the pore. There are also different viewpoints in this regard as follows:1- Adultery is entrance to forward of the pore.2- Adultery is entrance to backward of the pore.In contrast, there is a famous theorem which indicates that jurists believe adultery is entrance to forward of the pore.In this article, the author analyses two above mentioned viewpoints and indicates adultery is a legal issue and legislator should determine conditions of adultery nature.

Penal law is one of the important principles for determining competence of different countries. This happens as a result of international treaties and conventions.In this article, the author analyses territory competence, personal competence and unreal competence.At the last part of this article, it is found that crime has international aspect. If some one commit a crime in one country, the court of that country can arrest him or her. This is one part of the international penal rights.