مجله مطالعات فقه و حقوق اسلامی
پیاپی 5 (پاییز و زمستان 1390)

The obligation of seller to pay arsh in case the object of sale is defective، has contractual basis and in cases، it is impossible to revocate the contract due to the impossibility of restitution of object or it’s restitution in the same condition as the time of making the sale contract، buyer may، only، receive arsh as compensation. the right to collect arsh، is a financial independent right that is created، as to making good the buyer’s damages، with the appearance of defect in object and by the side of the right to revocate the contract but it’s permanence or fall، is not necessarily affected by the condition of revocation right

Mesyar is a marriage that recently have been common in some arabic communities and regardless expanse in sunnite communities، about nature and legitimation of that in thire jurisprudents is difference of opinion. the marriage contract is permanently and wife with the full consent ignore her some rights in order to adapt to conditions of marriage. right of alimony، intercourse and housing are rights that woman ignore them. Instead of waiver، woman is quantitative free in her life. man In this marriage can go to his wife without limitation in desired time. Absence of temporary marriage in the system of legal jurisprudence sunnite communities، has led them to marriages such mesyar way to compensate for losses caused by the forbidden to be temporary marriage. jurisprudential pondering mesyar marriage in islamic religious، explaining of agreed conditions، comparison of views and arguments of jurists، eventually invigoration and operation of superior viewpoint are aims of this article.

Ownership similar to any other legal institution requires justification. Theory of Labor is the most important and exalted basis which has been offered for ownership. In the law and philosophy of the west، the theory of Labor، is tied to the name of John Locke، the famous British philosopher; and on the other hand، the most important foundation of Ownership in Islam is the theory of Labor. As we will realize، the main reason of this similarity is that Locke in respect to this theory was inspired by the teachings of Christianity. At first، the theory of Labor shall be examined in the reflection of John Locke، and then we shall examine this theory in Islam. Also، response shall be given to the most important flaws which has been noted to theory of Labor، and finally the reflections of John Locke and Islam shall be compared in this field.

In spite of all hardships and difficulties، child custody is really enjoyable. Therefore، parents will have custody of the children. It is their Legal right and duty. Parents undertake this responsibility together as long as their joint life will continue regardless of priorities. If their Joint life doesn''t continue، child custody is necessarily left to one of them. In order to provide the spiritual and mental needs of children as well as father or mother deprived of child custody an appointment will be made. Sometimes father or mother who has authority over child prevents meeting and sometimes he or she is not ready to separate from child under no circumstance and insists on staying with child. Due to apparent conclusion of regulations of three articles of three different Acts، nature of mentioned refusal has rotated between penal and civil attributes and competent courts have also fallen into suspicion. I، the writer of this article، looking attentively at laws and essentials have come to this conclusion that the nature of act is civil and competent court is family court.

The Survey on the nature of confession plus to having theoretical importance، contain the undeniable practical effects. Various theories have been proposed about the nature of the confession، which can be divided into two general categories: theories which believe that the authenticity of confession in result of discover of fact and theories that don’t consider discover of fact as to the confession. Truth condition as one of the pillars of traditional definition from knowledge، means that provisions of proposition are correspondence with external reality. By analyzing this condition and its comparison with judgments that based on civil confession، can obtained this conclusion that confession، inherently and in nature، observer to the fact and in this sense، is validate. If belief and justification، also are existing in the confession، it will be considered as one of the evidences to prove case، that gives necessary knowledge to judge about case.

Judicial justice is the object in every society. Then electronic proceeding or every concept that help to this issue is important. In the first title i. e. general contains definitions، background and other preliminary concepts. For comprehending the classifying of electronic proceeding we need second part of this paper. Ultimately we assess the advantages and disadvantages.