Seyed Abd-al-Rahim Hoseini Ph.D author text article 2012 per The discussion about "the nature of the right" in jurisprudence is one of the fundamental subjects in the deduction which its understanding bases many laws and regulations which are deduced from reasons concerning the rights; and in this case until now, several theories have been presented in terms of the importance of this subject; but the question is that have these efforts led to a perfect and accurate theory and met the expectations of the scholars and experts in the field of the Islamic jurisprudence appropriately or not? This article has criticized the theory of "the fundamental reign" with its different ways and the theory of "the ownership and the worthiness" brought up by some of jurisprudents, and has regarded the theory of "the creditability of the right"  considering the elements influenced on the right and its credit as a common point. University of Tehran 2008-8388 8 v. 1 no. 2012 5 24 https://jorr.ut.ac.ir/article_35081_a5fffe39335383eb14bb6a19079e613e.pdf dx.doi.org/10.22059/jorr.2012.35081 Seyed Ja'far SadeghiFadaki Ph.D author text article 2012 per There is no doubt that a remarkable part of the verses of the Quran appertain to the jurisprudential subjects, in which several laws and regulations in different worshiping, political, economical, and judicial subjects are mentioned in a special form or under the general titles. But the main words in this research is whether the Holy Quran in mentioning the laws and jurisprudetial subjects has used the same general custom language and the current language among the specialists in this technique, or the Holy Quran in this subject has its special language? In order to find the answer of this question, the legal verses of the Quran are studied and analyzed regarding the superficial and verbal traits of these verses, and their non-verbal traits and method of statement; and after reviewing those verses, this conclusion was drawn that the Holy Quran in a part of its expression in each of these two subjects has used the same language which is prevalent among the custom and men of this technique, as to explain the Supreme God both, in electing the special words for the legal laws and also the type of tune and statement of  these commands, and How to plan and express these laws in the Quran,  has used the same general custom language which is prevalent among the men of this technique. But in other several cases in each of these two subjects, it has its own special language which is dramatically different from the general custom language and the language of the specialists in this subject. University of Tehran 2008-8388 8 v. 1 no. 2012 25 54 https://jorr.ut.ac.ir/article_35082_e3ea9e03572cab4567c22e238702ab33.pdf dx.doi.org/10.22059/jorr.2012.35082 Javad Salehi Ph.D author Mansureh Bakaei Jupari عضو هیأت علمی دانشگاه پیام نور کرمان author text article 2012 per Death disease is condition of a person who will die of a disease. Jurisprudents have been disagreed regarding influence of this condition on his certainties. Some of the jurisprudents have regarded certainties as testament, but some of other jurisprudents have not believed in this limitations and considered person's freedom at the time of his/her sickness like his/her freedom at the time of his/her health. However, each of them has expressed reasons for their opinions that we will survey and analyze them in this paper. University of Tehran 2008-8388 8 v. 1 no. 2012 55 69 https://jorr.ut.ac.ir/article_35083_d174f2d82373a13b71fbf961f502c7f0.pdf dx.doi.org/10.22059/jorr.2012.35083 Mohammad Hadi Kaviani Ph.D author text article 2012 per Individual and Social Conflicts are one of the common phenomena in all human societies and their most obvious is seen in their conflict of interests. Individual interests are a series of recognized privileges in internal legal system which is called individual rights and social interests are a series of subjects which form them. In Islamic thought, despite individualism, society is a real existent and when its existence as the most important interest is at a risk, it should be preferred to individual interests. Principle of "No Harm" (La Zarar) is an appropriate criterion for preference social interests to individual interests. According to this principle, no Principle of "No Harm" should be legislated and in the case of legislation, damage should be compensated. Accordingly, when the existence of the society is at a risk, individual interests are should be limited, although in this case assumptions can be supposed that individual potential damages are compensated. But if the existence of the society is not at a risk, it is not permissible to limit individual interests. University of Tehran 2008-8388 8 v. 1 no. 2012 71 103 https://jorr.ut.ac.ir/article_35084_d37c7ab4608203dad1f045535e75510b.pdf dx.doi.org/10.22059/jorr.2012.35084 Seyed Mohammad Musa Motallebi Ph.D author Hasan Jamshidi پژوهشگر جهاد دانشگاهی مشهد author text article 2012 per In order to access how to use of reason of wisdom (Dalile Aghl) in Shiah jurisprudence and its practical application, principal ideas and practices of six Shiah jurisprudents have been surveyed. They are Sheikh Toosi, Ibn Edris Helli, Mohaghegh Helli, Mohaghegh Ardebili, Molla Mohsen Pheiz Kashani, and Sheikh Ansari. This survey has been done by method of analyzing of content of principal and jurisprudential texts, and focus on deductive legal decisions. The results show that they have accepted the use of wisdom for proving the Shariah and the necessity of its obedience, and rational goodness and ugliness (Hosn o Ghobhe Aghli). They believe that all of legal statements (Khetabat Shar'ei) are understood through the reason of wisdom. The certainty of rational command is acceptable before all of the jurisprudents, but there are different opinions in achieving to the certainty; since the sentences of Shariah are based on expedients and inexpedients, and it is difficult to understand by wisdom. The reason of wisdom has been used in specification of generalities and as the principle of "Esteshab". University of Tehran 2008-8388 8 v. 1 no. 2012 105 132 https://jorr.ut.ac.ir/article_35087_17301c90490490b1712d9b1e18772117.pdf dx.doi.org/10.22059/jorr.2012.35087 Habib Allah Taheri Ph.D author Mohammad Hakim دانشجوی کارشناسی ارشد پردیس قم، دانشگاه تهران author text article 2012 per Muhammad ibn Sanan Zaheri (d. 220 AH), a narrator with the numerous narratives and influential in Imamiehjurisprudence and hadith, has been weakened by Rejalion (Narrators of Hadiths) and of course Shiite jurisprudents based on evidences mostly derived from "Rejal of Kashshi". Valid citations of authentic Shiite scholars, like Ayyub ibn Nuh and Fazl ibn Shazan, accusation of overstatement and also disapproval of him by Imam Javad (AS) are some of evidences and documentations which show us the weakness of this narrator. On this paper we have evaluated these propositions on the basis of integral research in narrative collections and paying attention to different evidences, and finally we have concluded that Muhammad ibn Sanan would be one of the trustworthy Imamieh followers and all the reasons presented to weaken him, although they are from valid documents, but in the critical rethinking in the context, they would be altered on implication and there is no precision on blaming detrimental to narrator's reliability. Therefore, the viewpoint of the jurisprudents who confirmed him is approved. University of Tehran 2008-8388 8 v. 1 no. 2012 133 159 https://jorr.ut.ac.ir/article_35089_b79c72d73d5fbcc7e5466c4afa145b7e.pdf dx.doi.org/10.22059/jorr.2012.35089 Asma Halisaei کارشناس ارشد فقه و حقوق پردیس قم، دانشگاه تهران author Seyyed Ahmad Mirhoseini Ph.D author Mojtaba Elahian Ph.D author text article 2012 per Testimony is one of the most important reasons that legislator has accounted for proving the litigation and it is of special importance. Witness is the most important pillar of testimony. Due to great and special influence of testimony to prove or disprove the litigations, it is necessary to qualify the witness. One of the most important qualifications of the witness is his justice. Justice is an internal state that keeps the person away from the various sins. At first the justice of the witness must be qualified through judge's science. If the judge's science was not enough to prove the justice of the witness, two other iust witnesses should prove or reject the justice of the witness. Otherwise, the Estefazeh and Shia' can be used to prove the justice of the witness. If the justice of the witness was proved or rejected by means of one of the above-mentioned ways, the judge can issue the final vote. University of Tehran 2008-8388 8 v. 1 no. 2012 161 183 https://jorr.ut.ac.ir/article_35092_acafda6156971eea1f935f6a75b199ad.pdf dx.doi.org/10.22059/jorr.2012.35092