Jurisprudential-legal study of illegitimate lineage
Abdullah
Alizadeh
Responsible manager and franchisee
author
text
article
2020
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In jurisprudence and law, there are effects on lineage such as inheritance, alimony, custody, privacy, sanctity of marriage with parents and some relatives, guardianship, etc. In that the legitimate lineage has these effects and that the illegitimate lineage does not follow the inheritance There is no difference, but whether the other works are special works of legitimate lineage or whether these works are works of lineage, whether they are legitimate or illegitimate, is a difference of opinion. This article emphasizes that none of the arguments for non-inheritance between adultery and adultery denies the illegitimate child, and therefore, except in some cases, illegitimate descent has all the effects of legitimate descent. A jurisprudential and legal study has dealt with this issue.
Modern Jurisprudence and Law
Dr.A.Alizadeh
2717-1469
1
v.
1
no.
2020
1
13
https://www.jaml.ir/article_241955_3c5e925f47ad33e0eafd5f2d381ee6af.pdf
The place of the Qur'an in understanding the components of the Islamic way of life
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article
2020
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Undoubtedly, in order to obtain the Islamic way of life, one must refer to its origin, namely the Islamic culture, and it is clear that the main source of Islamic culture is the Book of God and the Holy Quran, but since the lifestyle moves the most superficial layers to the deepest layers. It connects, and on the other hand, the Holy Qur'an, in terms of immortality, is universal in its teachings. Does the Qur'an have a necessary and sufficient condition in this regard, or is the Qur'an the source of some of the characteristics of Islamic life in the modern age?
Some introduce reason, tradition and empirical knowledge as a source similar to the Qur'an, while according to the process of ijtihad - which is a systematic understanding of Islamic teachings in any field - the Qur'an is the main source and the main source in this direction and other sources - the intellect. , Tradition and especially empirical knowledge - are the only tools in the way of extracting the teachings of the Holy Quran from the most superficial layers of life to its deepest layers.
Modern Jurisprudence and Law
Dr.A.Alizadeh
2717-1469
1
v.
1
no.
2020
https://www.jaml.ir/article_241954_370dcbe1bb77c28c439594fbd3c151df.pdf
Criminal liability in defense of others
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article
2020
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Every human being has the right to defend his life, property and honor and those to whom it is obligatory to defend himself in times of danger. This action is called legitimate defense, which in addition to Islamic jurisprudence, is also mentioned in the Islamic Penal Code. Legitimate defense as one of the justifiable factors of crime has been changed in the new Islamic Penal Code (approved in 1392) in comparison with the old Islamic Penal Code. The subject of the present study is "Investigation of criminal responsibility in defense of others (subject of Note 1 of Article 156 of the Penal Code from the perspective of Imami jurisprudence and Iranian criminal law" and according to the above can be said: life and property, honor, reputation and Freedom in the Islamic Penal Code of 1392 is a legitimate defense license, which does not necessarily require actual violation of the above cases, but the extent of the violation is sufficient. Necessity of defense, necessity or non-necessity, escape in legitimate defense, recourse to government forces, proportionality of defense to danger, are among the conditions in Article 156 of the Islamic Penal Code adopted in 1392, which is specified in paragraph A, B, C, T, But what is challenging and the main subject of the present study is the comment of an article 156, which has a series of conditions such as: close relatives of the defender, responsibility of the defense, incapable of defense, requesting help with the principles of defense in jurisprudence in It is a conflict. Because in Islamic jurisprudence, whenever someone is sure that the opposite purpose is intended to harm someone's life or property or property, it is natural that in such a case, defense is necessary and obligatory or at least permissible. Note 1 of the above-mentioned article, which states the conditions for defending another with critical and unnecessary expressions, and also Note 2 of this article, which deals with the discussion of proving the conditions of legitimate defense, has obscured the atmosphere of this legal institution. In general, this article has been compiled with vague and lacking explicit expressions and in most cases, without strong jurisprudential and legal support, and its approval in this way will only confuse the courts and issue contradictory opinions and violate the rights of individuals.
Modern Jurisprudence and Law
Dr.A.Alizadeh
2717-1469
1
v.
1
no.
2020
https://www.jaml.ir/article_241956_503b789ac897285b78dd21d91aea0c25.pdf
Fainting in the transaction from the point of view of jurisprudence
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2020
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One of the forbidden acquisitions is fraud in the transaction; That is, man hides the sexual defect he wants to sell and offers it to the customer as a good product. Or hide the flaw of the money he wants to give to the party and present it in the form of something right. This is one of the examples of haram acquisition. Islam forbids falsification and fraud in the transaction and strictly forbids it. In practical treatises, all scholars have issued fatwas sanctifying this deal. Imam Raheel in Tahrir al-Waseela has considered it forbidden. In any case, there is no doubt in his sanctity. The jurists have also said in their books that fainting means that a person covers the defect of his sex and presents it as a good sex, the examples of which you can find yourself. One of the examples in the narration that was narrated was entering water in milk. Or, for example, if he pours some vegetable oil or melted tail in animal oil and then sells it in the name of animal oil, or puts potatoes in the oil and sells it in the name of oil, or completely repairs the torn carpet and presents it to the customer and its defect. Do not say, or make the defective sex in such a way that the buyer thinks it is flawless, and ... these are also from shackles, falsifications, cheating and haram. Either it repairs the defective fabric in its factory or shop and sells it in the form of a healthy cloth, or in the boxes of oranges, apples and dates, the bad material is put under the good one, which when a person sees their appearance beautiful and good at first sight, But when he examines them, he realizes that they are defective.
Modern Jurisprudence and Law
Dr.A.Alizadeh
2717-1469
1
v.
1
no.
2020
https://www.jaml.ir/article_241957_213a721c39400a347d268bd793529547.pdf