فصلنامه حقوق اسلامی
سال پنجم شماره 4 (پیاپی 19، زمستان 1387)

Authority of authentic tradition (non-Imami valid tradition) is one of the most important issues in Legal Theory and hadith sciences; for, among Shii hadiths, there are many hadiths which are considered as authentic and their authority (or their being not authoritative) is of great influence in inferring religious judgments. There are many opinions concerning this issue from among of which the following two are more important:"absolute authority" which is in particular during recent centuries ascribed to the opinion dominant among elder ones; and "non-authority" which is ascribed by Shahid Thani again to the opinion dominant among elder ones. Arguments for authority of authentic traditions are, in addition to some traditions, based on states of wise people; and on the other hand, opponents of authority of authentic tradition refer to some verses such as"O ye who believe! If an evil-liver bring you tidings, verify it, lest ye smite some folk in ignorance and afterward repent of what ye did" (49: 6) and " And incline not toward those who do wrong lest the Fire touch you, and ye have no protecting friends against Allah, and afterward ye would not be helped" (11: 113) as well as many hadiths suggesting that the Holy Legislator is not satisfied by "authentic tradition"; and in this way, they have provided replies for arguments posed by proponents (which arebased on traditions or states of wise people). The present article introduces arguments posed by two sides, and chooses the opinion that arguments posed by proponents are preferred; and given opposing traditions, at least, one cannot infer consensus of theLegislator from states of wise people.

Adoption is an agreement according to which a particular relationship is established between stepchild, stepfather, and stepmother. This legal relationship is established through adopting a child by wife or husband or both of them or by a guardian (whether special or general), while there is no biological relation between the stepchild and those who have adopted her/him. Thus, no parentage effects will be followed.This relationship may be established only through an agreement; and its legitimacy will be proved if the following points are proved, and certain obstacles are removed:1- Necessity of adoption; 2- adoption is a legal act; 3- this legal act may be done only through an agreement; 4-for legitimacy of agreements and contracts, since they are among conventional and rational issues and not among innovations of the Legislator, reification or absence of negation is sufficient; 5- arguments against adoption have negated only parentage effects and not all effects of adoption.

Conditions mentioned in the Contract play an important role to define,extend, or limit contractual rights and obligations of two parties; theseconditions are, however, sometimes practically fruitless; and consequently,economic balance is violated in favor of one of them

Selection of Deal is a preliminary contract which paves the way to conclude the main contract in certain period of time between two parties. This contract may play its role in the everyday financial deals in the society; in addition, it is very useful as an efficient financial tool for those working in the field of stock exchange. The para. 11 of the Article 1 of the Islamic Republic of Iran's Law for Commercial Papers has introduced this contract as one of the financial derivative tools which are negotiable among those working in the field of stock exchange.

If resources of penal justice are correctly allotted, the profit of reduction of crimes in future may be attained. But that which solutions should be selected for this purpose so tat the system of cost-profit may be in favor of punishments requires an accurate study of costs of each profitoriented mechanism of punishment including prevention, re-education, and weakening the criminal, and satisfaction of the victim.In the present article, at first, costs of crimes and punishments, apart from ways of criminal prevention, will be studied; and, then, costs of exercising punishments will be analyzed based on the profit-oriented goals of punishment.

There is no doubt that all societies are in need of security for their health and survival. While applying rules of security to the field of information, however, we have to divide it into various sections. In this field we may study different concepts such as internet crimes, privacy, and civil responsibility. Laws concerning security of information are anexample of an interdisciplinary matrix which can be hardly defined. In the present article, authors try to introduce some parts of this multidimensional structure.

This article compares different approaches taken towards the notion of a duty to report the commission of crime in Iran and France.