The Review of Ayatollah Sanei's Opinion on the Blood
Money of Moslem man and Woman
Mohammad
Ebrahimnezhad
Assistant Professor of Jurispradence and Islamic Law Department, Shahid Madani University.
author
text
article
2016
per
For decades, inequality in paying the male and female diya (or blood money)has been debated and researched not only among the jurisprudents in the field ofjurisprudence, but also outside this field. Except two Sunni scholars(Assam andIbn Olayh), the rest of Ulama are of the opinion that the female diya is half thatof males’. This religious verdict cannot belittle the high and true human valuespertaining to man and woman. The only person who has issued a fatwaregarding the equality of the male and female diya is Ayatollah Saanei.Following his fatwa, lots of debates have been ensued and lots of viewpointshave been suggested. In this article, we shall analyze the above point as ajurisprudential issue in light of the current useful, accepted Jurisprudence. Theviews of Ayatollah Saanei as delineated in his book The Equality of Male andFemale Diya, Muslim or non-Muslim, which is based on his jurisprudentialpoints, will be quoted, analyzed, and criticized. We are of the opinion thatjurisprudential issues and questions must be inferred and dealt with based onspecialized methodology and basic principles of Ijtehad. No Mujtahid abides bymethodology outside this mainstream. If Javaheri jurisprudence is dynamic, it isbecause it was emphasized and ascertained by late Imam Khomeini (PBUH),because it can be adapted to the conditions of and go with the contemporarycivilization, and because it can be interpreted with a knowledge of thespatiotemporal elements of a given period. In this regard, we must confess thatIslamic rules as proposed by Islam, as the last and the most complete religion,can never be limited to a certain time or to specific circumstances only. Ifsomebody thinks in opposition to this line of thought or has a differentviewpoint, they have not only blackmailed the aforementioned dynamism injurisprudence but also have caused it to stop. Therefore, taking the highcompetence and ability of Shia jurisprudence together with the openness of thechannels of jurisprudence for research, in mind, there will be felt no need todisturb the main principles of reasoning, when a deficiency regarding femalediya may occur, at a certain period of time, or, as regards special cases, becausethese lacks and shortages can be compensated for by other means.
Jurisprudence and Islamic Law
University of Tabriz
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https://law.tabrizu.ac.ir/article_5963_d40c47d0ef0cab15b4bceeda7cb2c446.pdf
Multiple Murders and the Necessity of Retaliation over
Blood Money
Akbar
Ahmadpour
Assistant Professor, Faculty of Theology, University of Ferdowsi Mashhad.
author
Sedigeh
Golestanrou
PH. D. Student in Jurisprudance and Criminal law, University of Ayatollah Haeri, Meibod
author
text
article
2016
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The retaliation of spirit is a punishment that has been legislated forprotection of human dignity and protection of his rights against thosewho want to kill him. However, sometimes a person murders two ormore; then is retaliation a sufficient punishment for the murderer? Sincethe victim's family has the retaliation and blood money right, if all ofthem accept the blood money or retaliation, it would be ok. But if theydisagree or one of them kills the murderer, what is the verdict?Imamamie scholars have different ideas about the answer to thisquestion: most of them believe that the murderer should be killed asretaliation and others suggest murderer retaliation for one of the victims;for the other victims the blood money should be paid. Iranian lawmakeraccepted the famous jurist’s idea. This article explores the multiplemurder in jurisprudence and reviews the reasons of pros and cons. Thewriters conclude that the famous reasons and evidence cannot prove thistheory, and the Islamic punishment law needs to be revised.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
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2016
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https://law.tabrizu.ac.ir/article_5964_642ad90b0af97645bfc15d7c5700ebdd.pdf
Reinvestigation into Hypothecation and its Scope from
the Perspective of Islamic Jurisprudence (Fiqh)
Ardovan
Arzhang
Associat Professor, Universtiy of Ayatollah Haeri, Meibod
author
text
article
2016
per
Other than its sense of ownership, domination sometimes refers tohypothecation and priority right. This is applicable to cases where thereis no legal or customary value, or the owner is unknown. The validity oftransactions depends on ownership of objects and specified values. Insome cases, an object is not considered a property or owned by anyone,but the transaction will be valid and the price will be paid. The pricebasically serves the hypothecation, rather than the object left without anyowner or value. In addition, the notion that some objects are value-lessjust because there are no benefits seems quite controversial. Many ofthose objects have, owing to human knowledge and moderntechnologies, can be converted into beneficial materials and even vitalfor everyday life, natural environment and other creatures. In the fiqhliterature, there are no explicit scripture to prove hypothecation in foulobjects. This right, and even the subsequent ownership, can rather beproven based on analytical commentary of how foul objects arepurchased as well as the methodology of scholars and other evidence. Inthe rest of cases concerning hypothecation, however, there are authentic,explicit evidence available. Similar to other items subject to ownershipand value, this right is supported by legal concepts such as validity ofpurchase, inheritance permit and validity of will.
Jurisprudence and Islamic Law
University of Tabriz
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https://law.tabrizu.ac.ir/article_5965_dceea8f055b5abb915302f98082f652a.pdf
Criminalization in Economic Law
Mojtaba
Jafari
Assistant professor, University of Semnan
author
text
article
2016
per
Economic boom as well as removing barriers to progress andsovereignty of each country depends on the protection of the productiveand correct economic activities without which other developments maybe overshadowed by economic weakness and the political and socialstatus of a government may be shaken in today's world. Naturally, one ofthe very important factors in economic development is soliciting fundsof investment traders and investors in order to support the manufacturingand jobs. In fact, the more the amount of investment in the country is, themore the amount of production and employment as well as the industrialand scientific development will be. However, increased investment alsodepends on investors' confidence and unwavering support of themagainst imminent harm of others. Hence, motivation for investment andeconomic activities among businessmen and economic activists insideand outside the country will be increased and the hopes for economicgrowth will improve. Obviously, this requires different policies in allareas including the legal and judicial area. In the legal realm, it must beensured that the investors' rights are preserved against competitors andthose who seek to violate professional rules and all those who enter ineconomic activities have enough confidence that the norm-breakers inthis area will be prosecuted. This can be achieved by criminalization ofsome behaviors in the field of economic activities. This paper has usedan analytical-critical method to study the foundations of criminalizationin the field of economic activities. We have also tried to analyze theprocedure and punishment for perpetrators of economic crimes.
Jurisprudence and Islamic Law
University of Tabriz
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https://law.tabrizu.ac.ir/article_5966_a23176fdc787ff5841eb9f9784a71c36.pdf
Qur'an and Minimum Criminalization
Mahdi
Mehrizi
Faculty Staff, Islamic Azad University, Science and Research Branch, Tehran.
author
Vahab
Daneshpazhooh
Ph.D. In Quran and Hadis Science.
author
text
article
2016
per
Today, the advanced criminal systems have removed from maximumcriminalization and criminal inflation and have turned todecriminalization and depenalization. These systems are mainlyinterested in rehabilitation strategies and safeguarding-preventivemeasures. Since fourteen centuries ago, Qur'an has provided the methodof minimum criminalization and has dealt with criminalization in threeareas of persons, property and security. While the Holy Qur'anenumerates many examples of personal and social wrongs, itcriminalizes only a number of them.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
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12
no.
2016
105
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https://law.tabrizu.ac.ir/article_5967_70d72f75dfbd72aaeada39c922a48902.pdf
Epistemological Evaluation of the Concept of "the Right of
God"in Islamic Jurisprudence
Khadijeh
Moradi
Assistant Professor, Law Department, Faculty of Litrature and Human Sciences, University of
Razi.
author
Yahya
Ranjbar
BA. In Jurisprudence and lslamic law
author
text
article
2016
per
The Right of God is one of the key concepts in Islamic jurisprudenceand it is the direct or indirect foundation of all the rules of Islam. Thisstudy has not only proven this mentioned fact but has also shown that the“Right” in that phrase has different meanings from “The right of human”phrase; one of them is factual and the other one is metaphorical .Thesetwo words are not even literally equivalent; their owners are essentiallyand fundamentally dual; this has changed the nature of their rightsfundamentally. Also this evolution has resulted in grave differences andthese differences have separated these two types of “Rights” from oneother. The separation is such deep that it cannot be ignored and hencethese two words, apart from their distinct instances, cannot be consideredas synonyms; thus there is not any theoretical solution unless weconsider one of them as factual and the other one as metaphorical. In thesecond step the study has argued that if the word “right” collocates withGod (ALLAH), it is a metaphor and if it collocates with “human” (ALNA:S), it is factual. Furthermore, it has been argued that since “right“stems from need, shortness, and weakness, the right must be useful forits owner and its non-compliance must make him suffer and finallydeprivation of any right must be potentially possible; this possibility isthe evidence of the weakness of its owner in protecting his right andbecause of these three reasons, God has not the position of possession ofright, so he has not any right legally. At last, it has been proven thatbecause these two rights have different meanings, origins andinterpretations, they are not synonyms and, therefore, it is impossible togeneralize their rules to each other. These rules and principles cannot beconsidered in Islamic jurisprudence rules as “The rights of God”. It is1. 2. clear that since god does not have any rights and the phrase of “right ofgod” is a metaphor, in spite of correctness or wrongfulness of thisargument, a concept that does not have any external manifestation andcannot be imagined in a mind, determination of its character is illogical.This article deals with negative logic before proving that the right of godis a metaphor.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
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2016
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https://law.tabrizu.ac.ir/article_5968_686406c2cf9af52c9a813c12fed9a994.pdf
Job Probationary Period, Comparative Study in Iran and
France Labor Law
Mohammad
Mazhari
Assistant Professor of Tabriz University
author
Mohammad Reza
Mojtahedi
Professor of University of Tabriz.
author
Farzad
Jangjooi
Phd Student in Public Law
author
text
article
2016
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Iran and France Labor Laws have predicted a period called probationary period to enable employee and employer to conclude work contract after complete evaluation. Time of this period is 1 month for novice and armature employers and 3 months for professional workers. This is while France labor System has considered this period 2 months for workers, 3 months for foremen and 4 months for supervisors. The common point of Iran and France labor laws of probationary period is that each party can terminate contract during, after and at the end of this period. The only difference is that unlike Iranian labor law, France labor law does not consider pre-informing and premonition as the term of dismissal while and at the end of probationary course. The present investigation studies different aspects of probationary period in Iran and France Labor Law.
Jurisprudence and Islamic Law
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https://law.tabrizu.ac.ir/article_5969_7e563ad771140370be1a152966f52c8b.pdf
Analysis of Parliamentary Questions Process of the Higher
Authorities in the Executive Branch (The Comparative
Study in Iranian Parliament and the UK’s House of
Commons)
Seyyed Hossein
Malakooti Hashtjin
Assistant Professor, Faculty of Law and Social Sciences, university of Tabriz
author
Yousef
Rezaei
LLM in Pubic Law
author
text
article
2016
per
One of the Legislative's informative tools is questioning whichprovides the opportunity for people's representatives to be informed ofthe performance of the executive branch. In the Parliamentary and thesemi-presidential system, representative's questioning from higherauthorities of the executive branch is tangible in comparison to othermonitoring tools. In the UK -as the origin of the parliamentary systemstheHouse of Commons has an important function in questioning theministers and the prime minister. In Iran, the Islamic consultativeassembly has also anticipated the possibility of representative'squestioning ministers and the president in the Constitution and in theparliamentary procedure. The process of questioning and responsivenessof higher authorities and its effects are different in the two legal systems.While representative's questioning and responsiveness of higherauthorities of the executive branch in the UK House of Commons has asignificant effect in terms of quantity, in Iran different legal effects areexpected from questioning in terms of quality: questioning the presidentcould result in referring to the judiciary and questioning the ministersmay ultimately lead to the interpellation plan. Developing a comparativeapproach and an analytical method, this article has paid attention todifferent aspects of representative's questioning the higher authorities ofthe executive branch in Iran's Islamic consultative assembly and theUK's House of Commons. Using the results of comparative studies,some recommendations have been provided for Iranian legal system.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
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https://law.tabrizu.ac.ir/article_5970_96cfcdf7e5e8a115ead65710ad1f2ffa.pdf
A legal-jurisprudential investigation of enforcement of nondivore
condition
Amin
Najafian
Lecturer, Faculty of Shahid Mahallati.
author
Farajollah
Hedayatnia
Assistant Professor of Research Institute Islamic Culture and Thought, Qom
author
text
article
2016
per
According to Quran and tradition, man enjoys the right of divorce.Abusing this right has brought about the divorce to grow in number inIran. To prevent abusing divorce right, it is possible to limit divorce rightthrough stipulating conditions in marriage contract. It is evident that thiscontractual imposition of limitation on divorce right of the man islegitimate. This means that man undertakes not to divorce his wifeexcept that she is disobedient or impotent in sexual relations. This notto-divorce condition is also protected by civil laws includingindemnifying spiritual losses and exercising measures against those whobreach this condition. Among effectual guarantees in civil law nothaving right to divorce is the firmest condition. In other words, whenman undertakes to not to divorce his wife, he is deprived of dissolvingthe marriage according to religious law. In the words of jurisprudents,man, by undertaking this condition under marriage contract, makeshimself deprived of divorce right privilege legitimately. However, thisdoes not mean total deprivation of divorce right which remains in specialconditions.
Jurisprudence and Islamic Law
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https://law.tabrizu.ac.ir/article_5971_1ed5404f2282143fc16248fe10ae8189.pdf