نشریه مطالعات فقه اسلامی و مبانی حقوق
پیاپی 29 (بهار و تابستان 1393)

Artcle 619 of Islamic Punishment Law, approve in 1375, talks about harassing women in Iran while applying it and using it in the Iranian judicial system by women is rare and faces challenges. It is obvious that the high number of this crime within the society shows the defciency and incompetence of it. This artcle is afer an analysis of the informaton parts of this crime from legal aspects and this importance has happened with emphasize on criminology and background factors. Talking about pros and cons of the legal artcle, addressing analysis, crime discovery and the legal precedent are other aspects of this paper.

The aim and subject of this artcle is about deductng the penalty of those who insult the Prophet from Islamic Traditon and Narraton. Narratons of the Prophet (Nabavi) from the works of the Sunnis and the Shias along with narratons from the Ahl al-Bayt (peace be upon them all) in this mater, has been gathered and studied in this artcle. Part of those narratons has sayings or deeds of the Prophet (s.a.w) and the Imams that quote for a death penalty of those who insult the Prophet (s.a.w). Others order on executon of the death penalty and some other ones include the evidence of Sahabahs’ (Companions) actons on executng the death penalty on the insulter of the Prophet (s.a.w). The author has deducted the penalty of the one who insults the Prophet (s.a.w) from all three traditons. More so he has quoted cases of penalty executon on this mater in the era of the Prophet, era of the Imams and era of the Imam’s absence, specifcally those penaltes that were taken to an efect based on the Prophet’s (s.a.w) order or an Imam or it was done at their presence, from the historical books and it has used them to deduct the penalty of insultng the Prophet. At the end it verifes and insists on the penalty of Insultng with a report of Shia and Sunni scholars and Jurists’ views and sayings on the penalty and explaining the consensus quotes and their results.

Seller’s Suggeston of fxing damaged or defected goods and possibility of contract terminaton from buyer is one of the most important topics of major legal systems especially within the internatonal business. This artcle talks about the diferences and similarites between the Internatonal Sale Conventon and Iranian Law so that if Iran decides to join the conventon, it will have accordance with the law and the Sharia. Based on the conventon’s rules the buyer can ask the seller to take actons for fxing the damaged goods. The seller also has the rights of fxing the goods, therefore the buyer cannot terminate the contract, because of violaton of artcle 25 of Conventon and as per artcle 49, unless if the seller does not do anything about fxing the goods. In Iranian law, there is no such a clear rule that would explicitly or implicitly give rights to buyer to ask for fxing the damaged goods from the seller. In the civil law there is a diference between the tme when the goods is personal or general. If the goods is personal, buyer has optons to terminate the contract (artcle 422 of civil law) or receive credits for the damaged goods. And if the goods are general, both seller and buyer have the rights of exchanging them. At the end it could be said that if both partes agree with repair and fxes of the damaged goods, the buyer can ask the seller to fx and repair the goods based on the Principle of Will and due to completon of buying and selling rules.

Guardianship of men in family has been insisted in the Islamic legal system. The guardianship and supervision of man in family, taking responsibilites to care for and look afer wife and children, and assistng and handling their needs in the context of fulflling their interests and creatng happiness for the family, has been put on men’s shoulders, which is based on his natural characteristcs and abilites, from the view point of Islam.The husband does not have the rights to interfere in fnancial afairs of wife and for non-fnancial ones; he can supervise the work and relatons in order to maintain discreton and dignity of the family. Therefore, he does not have the punishment or discipline right with an excuse of wife’s refusal and his ttle. Today, defning instances and limits of husband’s guardianship in practce comes with questons and doubts that in order to understand the limits of his guardianship beter and fx undue prejudice, the most important instances of husband’s guardianship in wife’s non-fnancial afairs has been studied in this artcle so that it will be a step towards reducton of constrains and practcal difcultes of it.