Mohammad Rasul Ahangaran Ph.D author Fatemeh Zare' Moayyedi کارشناسی ارشد فقه و حقوق، پردیس فارابی دانشگاه تهران author text article 2012 per "Implicit meaning of condition" – i.e. nullification of legal ruling present in a conditional statement in case of disappearance of condition – is one of the topics discussed in 'Elm-e-Usul-e-Fiqh (Science of principles of jurisprudence). For proving the implicit meaning of the condition, it is necessary that if subject of the ruling disappears, the general ruling present in the conditional statement should be nullified rather than individual ruling. However, nullification of the general ruling in the statements in which the ruling is concluded from structure (of the sentence) confronts a serious problem. Because, according to the famous theory, a ruling concluded from the structure has a minor meaning or in other words is the individual ruling. Therefore, what conditional statement consists of is the individual ruling, whereas proving the implicit meaning relies on disappearance of the general ruling. Majority of scholars of 'Elm-e-Usul-e-Fiqh try to reply to this objection by proving the suspension of the general ruling (on the condition). Due to basic difference, they have presented different arguments that most of them are objectionable and invalid. As mostly the subject of the legal statements is general, therefore the famous theory regarding position of the structures confronts another important objection, i.e. disproportion between a general subject and individual ruling. So if we assume that the subject is general, necessarily the general ruling should apply on it so that it may cover all the occurrences and circumstances of the subject. It is not rational that an individual ruling may apply on a general subject. Therefore, by preserving the famous theory about (lexical) structures, there is no way to avoid the said objection and prove the implicit meaning of the condition. University of Tehran 2008-8388 8 v. 2 no. 2012 5 25 https://jorr.ut.ac.ir/article_35550_2181ce1eabb5102cf7d36da94b800059.pdf dx.doi.org/10.22059/jorr.2012.35550 Fakhr-o-ddin Asghari Aghmashhadi Ph.D author Salah Ahmadnejad دانش آموخته کارشناسی ارشد، رشته حقوق خصوصی، دانشگاه مازندران author text article 2012 per The effect of silence in civil litigation is important in two cases: The silence of litigants (plaintiff and defendant) and silence in evidence of proof of claim. Although the general rule is that silence cannot express the will and, therefore, is not entitled to the legal effects and any responsibility, but the silence of plaintiff and defendant has been deemed refusal and it has legal effect. On the case of evidence of proof of claim (confession, documents, testimony and sworn), silence has no effect in the case of testimony absolutely, but in the other evidence, it is effective in certain cases. University of Tehran 2008-8388 8 v. 2 no. 2012 27 57 https://jorr.ut.ac.ir/article_35551_2bb78740e3d538919423ddffc48f1226.pdf dx.doi.org/10.22059/jorr.2012.35551 Mojtaba Elahian Ph.D author Maryam Khademi دانشجوی دکتری و پژوهشگر پژوهشکده دانشگاه ادیان و مذاهب قم author text article 2012 per Human and his needs is constantly changing; As well, social phenomena are constantly changing. On this basis, the question is that how is it possible those phenomena, that are changing constantly, be compatible with stable legal laws that their lawfulness and lawlessness is firm until the Resurrection? A part of this problem will be solved by a part of fixed principles and holistic rules of jurisprudence (Shariah). As well, a part of this problem is solved by secondary titles ('anawin thanawiyah). Therefore, the role and importance of secondary titles is not less than primary titles in inference of legal laws and if Holy Legislator did not ordained secondary laws, the Islamic jurisprudence (Fiqh) became incomplete and a lot of actions of obliged humans would remain without ruling. Secondary laws and titles are used throughout Jurisprudence and can be seen in various chapters of Jurisprudence, from chapter of "cleanliness" to chapter of "limits and atonements". This article is seeking out to obtain the status of secondary laws and titles in jurisprudence and to show their relationship to primary laws and titles and to prove efficiency and dynamism of Islamic jurisprudence. University of Tehran 2008-8388 8 v. 2 no. 2012 59 95 https://jorr.ut.ac.ir/article_35555_6da9979e67498889f59ffdd736aec045.pdf dx.doi.org/10.22059/jorr.2012.35555 Bent al-Hoda Shafi' کارشناس ارشد فقه و حقوق اسلامی، پردیس فارابی دانشگاه تهران author Ali tavallaei Ph.D author Samaneh Shariatmadar کارشناس ارشد فقه و حقوق اسلامی، دانشگاه یزد author text article 2012 per Power of attorney is a voidable contract, and article 678 of civil law involves: Power of attorney is being terminated, because of client's dethrone or lawyer's resignation. According to jurisprudential texts, the lawyer is trustee and will not be responsible unless in case of abuse or wastage. The important question is that: whether lawyer can resign without considering client's status and in this situation isn’t he responsible for losses occurred, or can we regard his resignation in this situation as abuse and wastage? So that he would be responsible for the client's losses. The answer to this question depends on explaining type of power of attorney, the lawyer's conditions, and the time and situation on that the resignation was happened. Some doings such as not to state the resignation on time to the client, the resignation is premature, the lawyer's guilt and his intention to harm the client, are the cases which determine the lawyer as responsible for the losses. In these cases, we can include the lawyer's action as one of these jurisprudential and juridical basics: 'no harm' rule or 'Abuse of right' theory or 'The loss of a chance' theory. The type of harm that is occurred for the client is important too.   University of Tehran 2008-8388 8 v. 2 no. 2012 97 131 https://jorr.ut.ac.ir/article_35556_0b193c8e6cfac7423eabd6bd3f373df0.pdf dx.doi.org/10.22059/jorr.2012.35556 Mohammad Mohseni Dehkalani Ph.D. author Sa'id Bodaghi کارشناسی ارشد فقه و مبانی حقوق اسلامی دانشگاه مازندران author text article 2012 per Regardless of differences between Shia jurisprudents in branches related to guilt of prostitution, they have unanimously defined prostitution as total between perpetrators of prostitution. In this research, this question has been scrutinized whether the environment in which prostitution and its actus reus representation takes place is merely material and existential world? In other words, the actus reus aspect of this crime does not happen unless in the tangible natural world? And for this crime to be committed, it should only be represented and feasible in its traditional frame in managing prostitution houses and dealing prostitutes? Then prostitution will be along with offences such as murder, drinking alcohol, adultery, sodomy, and lesbianism which cannot be imagined in the virtual world of cyberspace. Or by accepting development of the total senses and phenomenon of "evolution in senses", directorship of pornographic sites, administration of sexual chat rooms in the Internet networks and also virtual bases in order to introduce prostitutes, and etc. can be the total sense and customary relevance between perpetrators of prostitution and finally realization of criminal title of prostitution in today world? This issue is seldom taken into consideration and reviewed by jurisprudents. The author accepted "development in total senses" and "adequacy of customary total" in realization and truth of the title of prostitution. This paper is organized in order to analysis and jurisprudential answer to these questions. University of Tehran 2008-8388 8 v. 2 no. 2012 133 159 https://jorr.ut.ac.ir/article_35557_d802fbaf986719bbd0ab1feb13f949d6.pdf dx.doi.org/10.22059/jorr.2012.35557 Seyyed Ali Asghar Musavi Rokni Ph.D author Ma'sumeh Khalili Afratakhti کارشناس ارشد رشته فقه و مبانی حقوق اسلامی دانشگاه قم author Javad Ebrahimi کارشناس ارشد رشته فقه و مبانی حقوق اسلامی دانشگاه تهران author text article 2012 per Since the properly religious training of children is the main concern of many religious families in modern era, so the importance and necessity of this research is clear. This paper does research on different dimensions of children's prayer and their forcing to prayer by parents and criterions and range of this forcing according to time of validity and parents' authorized and unauthorized actions. In this paper, views were expressed about forcing to religious duties and their legitimacy and illegitimacy; view selected with authentic documents was theory of immature children's legitimacy of prayers that had some effects. In this brief research, Qur'an and sunnah of Prophet (pbuh) and infallible Imams (AS) were as the main sources of research and intellect was used in order to emphasize and understand better this subject. University of Tehran 2008-8388 8 v. 2 no. 2012 161 189 https://jorr.ut.ac.ir/article_35558_2ba77f90dd9019647d0be8b1c8324a3a.pdf dx.doi.org/10.22059/jorr.2012.35558 Seyyed Hossein Nuri Ph.D author text article 2012 per In order to recognize Kor water there are two methods: The first way is recognizing it through its weight and the second one is via its area (volume). As for the first way, there is no disagreement among scholars in the idea that the weight of Kor water should be 1200 ratl, but in the concept that whether it should be Iraqi ratl, which is equal to 130 drachms, or it should be civil ratl, which is equal to 195 drachms, there is difference. Most of scholars have said the intention here is the Iraqi ratl. Sheikh-e-Sadough and his son, Seyed Maritza, have said the civil ratl is intended. However, the right judgment is the one, which believes Iraqi ratl is intended not the civil one. In the area of recognizing Kor water via its area (volume), there are seven viewpoints among scholars, the most famous of which is the one, which says it should be three and half spans in length, width and height, and this is the right one. University of Tehran 2008-8388 8 v. 2 no. 2012 191 215 https://jorr.ut.ac.ir/article_35559_ae9ca723c49f33932a73f8a96967ab61.pdf dx.doi.org/10.22059/jorr.2012.35559