فصلنامه فقه و تاریخ تمدن
سال پنجم شماره 20 (تابستان 1388)

Judges benfited from absolute immunity for a long time, but in the first half of the twentieth century, thoughts changed in this area and the fact of immunity was criticized and this principle found a relative aspect and through the course of time this change prevailed in different countries.Under the constitution law in Islamic Republic in Iran, in Articles 164, and 171 in Basic law based on version and law texts concerning the immunity and responsibility of judges in other countries an intermediate way has been approached; however, because no specific law avails for this purpose, in the direction of principle 171, and due to the weakness of judicial trend, judge's immunity and their domains in Iran's law is vague and unclear.This paper is interested in highlighting the judge's immunity, using the juris and law sources, and also tries to suggest a true comment on law principle 171, as well as presenting different expediences including observations on the nature of legal and judicial practices.

Some of the theologian subjects have direct effect on jurisprudencial deductions. The comprehensiveness and perfection of Divine laws is one of the theologian subjects affecting the religious texts directly and immediately. Under Free-Will statement, religion is for the felicity of man in this world and in the Hereafter. Based on the religion comprehensiveness and under this insight, the interpretable religious texts are interpreted in this trend.This paper seeks to investigate that Islam has considered both the general and specific principles in this concern, but imposing such laws and rules does not mean that these laws are enough to cover all aspects of life, so it is necessary to impose certain needed laws based on Divine Laws.The paper then goes on to study one of the important results concerning the divine laws perfection and comprehensiveness including religion towards the government and administrative organs. But the acceptance of this statement does not mean to establish all the govermental rules and principles, while the divine law is able to acknowleddge certain intellectual rules and principles and to reject others, and to comment its own viewpoint.

The crossroad, or the main road, of the private and personal rights is the Lawful rights for commitments. So, it is noteworthy to consider the guarantee of the commitments rights. A person who makes a promise according to agreements or contracts is bound to fulfill his obligations lawfully. If this committed individual refuses to fulfill his dedications what the creditor shouls do to achieve his legal rights, or how he should claim his charges, and how he can have the offensive person sued based on lawful agreements.This paper seeks to investigate how the rightful person should have his rights met. The paper goes on to offer one of the methods based on the Islamic Law System to challenge the offender to keep his commitment, that is, he is right by law to have the offensive person sued and even have him imprisoned.This case is the most important reason with the intellectual and scholars to consider the right to imprison true for the creditor.

During the 11th, 17th, and 18th centuries, a large number of ambassadors and representatives on behalf of colonial European countries were dispatched to the world of Islam. After a long time, the Muslim scholors found out these objectives and reacted against them. Generally, these political elements were accompanied by Christian missionaries. These groups began to propogate Christianity among the community while providing a situation for people to accept a colonial system of government.One of the most important activities of these Christian groups was to write books against Islam. So, Muslim scholars began to respond against them.This paper is concerned with the investigation of the missionaries’ activities among Muslim individuals in India and in Iran and the Muslim reactions against these activities. The article proceeds to prove the reactive responses of Muslim scholars to reject the missionaries’ teachings, as the arms for the colonial Governments, are considered as the first Muslim scholars’ reactions against such activities.

The Adherents of the Scripture are the Pre-Islamic followers of the Divine Unity religions and are allowed to benefit from all aspects of life such as the rights of life, economic rights including the rights to buy and sell and to benefit from judicial laws, and so on in such a way that there should be no difference or discrimination between them and other Muslims under certain authentic contracts with the Islamic government. One of the most important discussions and arguments concerning the religious Minorities is their characters’ conditions, which because of its significance, on which both the civic and the constitutional laws have emphasized, four of which are as follows:1) marriage, 2) divorce, 3) will(bequest), 4) Inheritance.This paper intends to prove, based on jurisprudencial rules including the Necessity Rule, and the Confirmation Rule, the personal conditions of the Book followers concerning them are valid and the Islamic Courts are obliged to regard these cases for them.

There is another way, apart from divorce, for the conjugal spouses to separate from each other, which is called the dissolution of marriage tie due to the existence of some serious problem. At the presence of an incurable disease such as AIDS, Cheating, Hardships or Faults, each of the marital partner is allowed to be divorced and to start a separate life.This paper is an attempt to prove that the AIDS disease is one of the imperfections for the inflicted individual that permits the healthy party to be divorced due to this communicable illness. Based on the Unity of Criterion, in addition to specific cases, according to jurisprudencial sources on the conjugal narriage tie dissolution due to the exsitence of imperfections and based on the No-Harm or Loss Rule, the separation of the healthy spouse, whether husband or wife, is reasonable and permissible.

Throughout history, there have been some principles on properties and assets, a part of which includes the quality of transferring these properties while considering the elements and causes of inheritance hinderance transfer under Articles 864,862, and 861.Articles 880 to 885 enumerate the elements and causes of inhibitions of inheritence transfer.In this paper an attempt is made to investigate certain cases that prevent from inheritnce transfer such as murder, disbelief, slavery, and the like, for which there is a general agreement (consensus) against the inheritance transfer among the Imamiyyah scholars as well as with the Sunnit sect. But the birth case from the incest intercourse, and the permanent disappearance are not approved of by all the religious authorities.

The Seljooqids established the first and widest Iranian Empire after Islam and the Strongest power of the eastern territory of the Islam world. During the middle ages, the seljooqid government was successful in political and military fields. After overcoming the Ghaznavis, they even conquered the Abbassides, occupied Baghdad and made it their own territory. By following the Abbassid's governors superficially, they reinforced their authority and political legitimacy. They fought their civil foes, specially the Esmaillids and foreign powerful rivals like Egyptian Fatemids. The crusades occurred during their dynasty. Hence, their governing method, particularly feudal system, led to their weakness, deterioration, and finally their fall. One of the most important issues of the seljooqid dynasty was the depression of development of rational sciences, particularly philosophy, dialectics and intellectuality. The basis of this depression and tendency began in the Ghaznavid era. It has lots of reasons including the political aims of the seljooqids, their religious bias, religious and governmental policies of the Abbassid governors, from Motevakkel and his followers, the opposition of titleholders such as khwaja Nezamolmolk with rational sciences the suppression of Moatazela, the domination of Ashari word, the enhancement of social classification and being superficially religious, the abusing of religion in order to suppress rivals, the suppression of the Shiites, the opposition of the scholars (clergymen), the jurists, the literary men and poets with philosophy and ralional sciences.