The Status of Sex Changing in Law and Islamic Jurisprudence
Fakhroddin
Asghari Aghmashhadi
Associate Professor, Mazandaran University
author
text
article
2011
per
Sex Changing is one of the important subjects which is of great magnificanc in medicine and law. Although, these subjects have been existed in the past but, now because of development of technology and science it improved a lot. There is a question from the view point of law: Is Changing Sex permitted? There are three opinion about this: 1- It is forbidden absolutely. 2- It is permitted absolutely. 3- It is permitted conditionally. This article accepts the latter view.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
2
v.
2
no.
2011
1
17
https://law.tabrizu.ac.ir/article_2067_856df7dc3ea5cc875a80a5d206c98e7a.pdf
Restrictions of Examination of witness in Rules of Procedure and Jurisprudence of International Criminal Courts
Alireza
Taghipour
Assistant Professor, Abu Ali Sina University
author
text
article
2011
per
Following the occurrence of international crimes in the territory of former Yugoslavia and Rwanda, UN security council established international criminal tribunals. In the context of accused rights, regulations of international documents on human rights was predicted in tribunals statute. Thus, it seemed a fair trial was hoped for the accused. but by gradually, making of new regulations in the rules of procedure and interpretations presented by Judges, departure from international documents and interpretations of supervisory organs on human rights including the accused right of examination of witness was created.Statute regulations and rules of procedure of international criminal court have also been so regulated that have caused the possibility of ignorance of the examination of witness.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
2
v.
2
no.
2011
19
43
https://law.tabrizu.ac.ir/article_2068_453b6b1ae8f845cf9ce3c9b51ee8bc0e.pdf
Legal and Jurisprudential Consideration of Legal Relationship of Human to His Body Organs
Fatemeh
Rajaei
Ph. D student
author
Mostafa
Mohaghegh Damad
Professor, Shahid Beheshti University
author
Seyyed Mohammad Sadegh
Mousavi
Associate Professor, Shahid Motahari School
author
text
article
2011
per
There are many problems in Jurisprudence and Law that upon to medical Developments about human and his organs.One of them is value of humans organ; therefore about the status of organs and relationship of human being to his body these sciences have to consider.Given to the arguments that have been made on the bases of Iranian Law and Shiâh jurisprudence it can be followed that man's legal relation to his organs enters into the scope of the ownership of the kind of the essential or innate ownership.The right of essential ownership of them also depends on their transition on the bases of arguments presented. The essential ownership of those set of organs that their transition face with innate or legal obstacle has no legal capable of being owned but yhe essential ownership of those set of organs face with no obstacles has legal and conventional capable of owned.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
2
v.
2
no.
2011
45
62
https://law.tabrizu.ac.ir/article_2069_40299b30317a0f27721e37d364732be2.pdf
عبادالله
رستمی چلکاسری
استادیار دانشگاه گیلان
author
text
article
2011
per
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
2
v.
2
no.
2011
63
78
https://law.tabrizu.ac.ir/article_2070_761a1bbfa01ce9877392964e025cbe5d.pdf
The Position of Loss of Profit in Iranian Legal System
Reza
Sokouti
Associate Professor, University of Tabriz
author
Negar
Shomali
Master's degree in Private Law
author
text
article
2011
per
Complex social life is creator of different legal relations. One of these relations is legal responsibility of a person against another one.Sometimes this responsibility arises because of breach of contractual commitments and sometimes it arises because of the loss that a person has caused.The loss which a person suffers might be either financial or moral. The first one is in two types: loss of property and loss of profits. The last one is so important because although these losses make up the large part of the losses are suffered by someone, there are many discussions about demanding them and on the other hand legislator has treated differently in various periods of time.According to this and because of several issues that might be introduced, we have tried to survey the most important topics in this work.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
2
v.
2
no.
2011
79
98
https://law.tabrizu.ac.ir/article_2071_dd97a31959ddf4395cabb3a3a84ef2ac.pdf
The Effect of Avengers of Blood's Disagreement on the Killer Retaliation
Mohammad Ebrahim
Shams
Assistant Professor, University of Tehran- Pardis Farabi of Qom
author
Hamidreza
Kalantari
Masters degree in Criminal Law and Criminology
author
text
article
2011
per
The Islamic Criminal Law System, despite to the general acceptance of the retaliation principal in the fatal crimes, has emphasized on forgiveness and preferred it to retaliation. Therefore, the importance of studying the factors which result to abolition of retaliation after the final retaliation approval is clear. In this paper, based on the doctrines of great jurists and reasoning’s and Islamic narratives, we have studied the retaliation and its abolition caused by avengers of blood disagreement on the killer retaliation. At the end, because of unclearness of the proposed written laws in this regard, we have offered some recommendations.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
2
v.
2
no.
2011
99
129
https://law.tabrizu.ac.ir/article_2072_97d87716aad6974d63ac2632345b2e85.pdf
The Basis of Mitigation of Damage Principle: A Comparative Study
Ebrahim
Shoarian
Associate Professor, University of Tabriz
author
Yousef
Molaei
دانشجوی دکتری دانشگاه آزاد اسلامی
author
text
article
2011
per
Under mitigation of damage principle, the injured party must act reasonably to reduce damages; the extent of expected care is the act of a reasonable person at the same conditions and circumstances. Breach of such duty does not cause liability, but reduces the amount of recoverable damage. This principle is applicable both in contractual liability and torts.There are various viewpoints about basis of mitigation rule. Authors and courts suggested some opinions in this matter such as, causal link, contributory negligence, foreseeability of damages theory, good faith principle and economic basis.In Islamic law, the rule of Igdam, which is another feature of causal link, is considered as a basis of mitigation of damage principle. This article examines these fundamentals in Iranian and comparative law.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
2
v.
2
no.
2011
131
155
https://law.tabrizu.ac.ir/article_2073_dee69a039555e64e48dbb4e0d0095a55.pdf
The Legal and Fiqhy Analysis of Contract of Sale in Advance of Flat According to Several Types of Sale Contract
Ali
Garibeh
Assistant Professor, Islamic Azad University
author
Naser
Masoudi
Assistant Professor, Islamic Azad University
author
text
article
2011
per
Nowadays, due to the growth of city-dwelling and apartment- dwelling resulted from many factors; selling in advance contracts have become widely common among Iranians and, mass constructors of buildings; big constructional companies; constructors of townships; constructors of commercial, service, residential complexes and even administrative organizations try to collect the needed capital for this profitable and 1ucrative economic activity before they start the construction. Jurists, lawyers, judges and involved authorities are supposed to justify and explain these kinds of contracts according to the current legal and Islamic constitutions (Fiqhy) to provide a proper and exact framework for arriving at a legal conclusion in disputes. This study explored Sale Contract and the reasons of adaptability and inadaptability of the above mentioned contracts to different kinds of sale.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
2
v.
2
no.
2011
157
175
https://law.tabrizu.ac.ir/article_2076_8bd40383f6b33cb6e2d1b3434ef0d64d.pdf