University of Tehran Religious Researches 2008-8388 9 3 2013 09 23 Analysis Basics Legitimacy of Intellectual Property and Policy Developments of Criminal Privacy Analysis Basics Legitimacy of Intellectual Property and Policy Developments of Criminal Privacy 1 28 36180 10.22059/jorr.2013.36180 FA Mohammad Rasul Ahangaran Hamid Reza Zand Fatemeh Zargarpur Journal Article 2013 10 13 At avoid violating the intellectual property rights of criminal policy aimed at maintaining the original Sarfkry including scientific , literary, artistic , scientific and literary alleged theft of public telecommunications law in 1304 officially started. But more important than protecting the rights , property types and principles of its formation , validity, legitimacy and credibility of the system, i. e., as long as the law and the law cannot be proved , it cannot be argued details and the works associated necessary intellectual property rights jurisprudence is to be examined . therefore continue discussions on legal documents that will prove the legitimacy of this type of property , are discussed . At avoid violating the intellectual property rights of criminal policy aimed at maintaining the original Sarfkry including scientific , literary, artistic , scientific and literary alleged theft of public telecommunications law in 1304 officially started. But more important than protecting the rights , property types and principles of its formation , validity, legitimacy and credibility of the system, i. e., as long as the law and the law cannot be proved , it cannot be argued details and the works associated necessary intellectual property rights jurisprudence is to be examined . therefore continue discussions on legal documents that will prove the legitimacy of this type of property , are discussed .

University of Tehran Religious Researches 2008-8388 9 3 2013 09 23 The Scope of Substantial Defense in Civil Procedural Law The Scope of Substantial Defense in Civil Procedural Law 29 54 36181 10.22059/jorr.2013.36181 FA Mohammad Sardueinasab Mohammad Moludi Javad Eivazi Journal Article 2013 09 24 Plaintiff In civil litigation from the beginning which deals with petition to the end of litigation which the judge sets out a verdict, to reach his wasted or denied right and to stabilize it, should comply with rules of proceeding and state matter of fact and matters of law and prove the claim. Therefor he must propose four issues and prove them to reach the relief sought: 1.Formal rules of procedure 2.Matter of fact 3.Evidence 4.Matter of law. The defendant defends, against the four issues mentioned, to prevent formation of proceeding and rebut the plaintiff’s claim to prevent a conviction on the subject of the claim. Generally response of defendant divides to procedural and substantive defenses . Therefore it’s necessary to analyze the scope of defenses and especially substantive defenses which are this paper’s subject. Considering the issues mentioned, different method and grounds of defense, it could be said that substantive defense which occurs after entering into merit of the litigation, consists of defense against matters of law and fact and evidences. Plaintiff In civil litigation from the beginning which deals with petition to the end of litigation which the judge sets out a verdict, to reach his wasted or denied right and to stabilize it, should comply with rules of proceeding and state matter of fact and matters of law and prove the claim. Therefor he must propose four issues and prove them to reach the relief sought: 1.Formal rules of procedure 2.Matter of fact 3.Evidence 4.Matter of law. The defendant defends, against the four issues mentioned, to prevent formation of proceeding and rebut the plaintiff’s claim to prevent a conviction on the subject of the claim. Generally response of defendant divides to procedural and substantive defenses . Therefore it’s necessary to analyze the scope of defenses and especially substantive defenses which are this paper’s subject. Considering the issues mentioned, different method and grounds of defense, it could be said that substantive defense which occurs after entering into merit of the litigation, consists of defense against matters of law and fact and evidences.

University of Tehran Religious Researches 2008-8388 9 3 2013 09 23 Analysis of Organs Equality Term in Healthy in Organ Nemesis Analysis of Organs Equality Term in Healthy in Organ Nemesis 55 84 36182 10.22059/jorr.2013.36182 FA Ali Mohammadian Elaheh Gholizadeh Mohammad Mohseni Dehkalani Mohammad Reza Elmi Soola Journal Article 2013 08 31 Majority of Imamiye jurists believe that in organs nemesis (or Tarf nemesis) equality of both organs in healthy is necessary. They say that healthy organ vis-àvis unhealthy organ is not retribution. However in the opposite case, they has not committed to this judgment. Scilicet, they say that unhealthy organ vis-à-vis healthy organ is retribution.The legislator in the Islamic penal code (approved 1392) by accepting this theory in part “d” of article 393 has provided: “ In organ nemesis other than the general conditions of nemesis, the following conditions should also be observed: …d) Not to be retribution of healthy organ against the unhealthy organ.” This theory had been discussed in the Islamic penal code (approved 1370) under article 274 by this phrase: “Healthy organ vis-à-vis unhealthy organ is not retribution.” Authors with analysis the majority word and measurement it conclude that documentation provided is not intended and sufficient for proving this claim. We believe that mere equality in name of organs is adequacy and for retribution equality in specifications of organ is not necessary. Although this theory is against the view of majority of Imamiye jurists, but some contemporaries as well as consistent with our theory. Also this view, unlike competing quote, is consistent with generals of nemesis evidences and the basic rules in nemesis chapter demand it. Majority of Imamiye jurists believe that in organs nemesis (or Tarf nemesis) equality of both organs in healthy is necessary. They say that healthy organ vis-àvis unhealthy organ is not retribution. However in the opposite case, they has not committed to this judgment. Scilicet, they say that unhealthy organ vis-à-vis healthy organ is retribution.The legislator in the Islamic penal code (approved 1392) by accepting this theory in part “d” of article 393 has provided: “ In organ nemesis other than the general conditions of nemesis, the following conditions should also be observed: …d) Not to be retribution of healthy organ against the unhealthy organ.” This theory had been discussed in the Islamic penal code (approved 1370) under article 274 by this phrase: “Healthy organ vis-à-vis unhealthy organ is not retribution.” Authors with analysis the majority word and measurement it conclude that documentation provided is not intended and sufficient for proving this claim. We believe that mere equality in name of organs is adequacy and for retribution equality in specifications of organ is not necessary. Although this theory is against the view of majority of Imamiye jurists, but some contemporaries as well as consistent with our theory. Also this view, unlike competing quote, is consistent with generals of nemesis evidences and the basic rules in nemesis chapter demand it.

University of Tehran Religious Researches 2008-8388 9 3 2013 09 23 Legal and Jurisprudence Proving "Necessary to Self-preservation" Principle in Islam Legal and Jurisprudence Proving "Necessary to Self-preservation" Principle in Islam 85 114 36183 10.22059/jorr.2013.36183 FA Abbas Ali Soltani Fatemeh Karachian Sani Journal Article 2013 08 23 In the modern world occur updated issues that it is selecting dying When incurable sickness or intolerance disease that caused by aging .In this study we try to express with proof of legal rules "necessary to self-preservation" that of the religion of Islam respect to human life And that the primary purpose of religion is protection of pure human life as far as disappointing from grace and mercy of God and the selection of death is great sin and deserving punishment is severe. Although in the rule Jurisprudence as a rule not be considered self-preservation but among the many chapters of jurisprudence stress on respect the right to life for human. In the modern world occur updated issues that it is selecting dying When incurable sickness or intolerance disease that caused by aging .In this study we try to express with proof of legal rules "necessary to self-preservation" that of the religion of Islam respect to human life And that the primary purpose of religion is protection of pure human life as far as disappointing from grace and mercy of God and the selection of death is great sin and deserving punishment is severe. Although in the rule Jurisprudence as a rule not be considered self-preservation but among the many chapters of jurisprudence stress on respect the right to life for human.

University of Tehran Religious Researches 2008-8388 9 3 2013 09 23 Contemplative on Rule of the Wrappers (Faraq) and Passing (Tajavoz) Contemplative on Rule of the Wrappers (Faraq) and Passing (Tajavoz) 115 138 36184 10.22059/jorr.2013.36184 FA Mojtaba Elahian Hassan Absavaran Journal Article 2013 08 19 The rule of law is widely used in almost all chapters applicable law so it is appropriate to discuss the key issues to be discussed. Wrappers and violated the provisions of the rule is that if the current legal actions did And then we have a right to do Based on this we've done it the correct Verb If you are part of a verb and its components would be the place to do it than in the past .because this rule only with verifiable accounts of the circuit are discussed as well as around the word In these stories, the main three words "Javz " Mzy "and " Wrappers "There is a review and investigation I found that the first two words are synonymous And the third term effects and results of the first two words have meaning. What these narratives belong in a legal action is expressed in absolute uncertainty that is why it is sometimes true and sometimes skeptical doubts the existence, Thus, the principle of the unity of the evidence and the proof is.This rule is also applicable to most criteria Symptoms of Practical criteria. The rule of law is widely used in almost all chapters applicable law so it is appropriate to discuss the key issues to be discussed. Wrappers and violated the provisions of the rule is that if the current legal actions did And then we have a right to do Based on this we've done it the correct Verb If you are part of a verb and its components would be the place to do it than in the past .because this rule only with verifiable accounts of the circuit are discussed as well as around the word In these stories, the main three words "Javz " Mzy "and " Wrappers "There is a review and investigation I found that the first two words are synonymous And the third term effects and results of the first two words have meaning. What these narratives belong in a legal action is expressed in absolute uncertainty that is why it is sometimes true and sometimes skeptical doubts the existence, Thus, the principle of the unity of the evidence and the proof is.This rule is also applicable to most criteria Symptoms of Practical criteria.

University of Tehran Religious Researches 2008-8388 9 3 2013 09 23 A Critical Analysis of Sunnites Argument over Non-necessity of Khums(one fifth) A Critical Analysis of Sunnites Argument over Non-necessity of Khums(one fifth) 139 156 36185 10.22059/jorr.2013.36185 FA Mahdi Farmanian Mohammad Moinifar Journal Article 2013 06 23 One of the practices, particularly important in Shi'ism is to pay khums.Some Sunnites believe there is merely one verse in Quran concerning khums; thus it isnot so important. This single verse includes the spoils of war, not business profit and trade as Shiites believe in it. But Shiites criticize Sunnites argument as follows: 1- firstly, there is more than one Quranic verse regarding it, secondly among the verses on the leading ritual of Hadj, we do rely on a single verse to prove it; Henceforth, Can't we apply this rule to Khums? 3- The Sunnites themselves refer to some narrations on paying Khums. The consensus of Muslims to pay khums is one of the reasons given by Shiites in response to Sunnites, especially Wahhabism. This research on one hand suggests the arguments raised by Shiites and on the other surveys the arguments of Sunnites. The result of this research firmly asserts the weakness of Sunnites arguments and the strength of Shiites' arguments as a religious duty. One of the practices, particularly important in Shi'ism is to pay khums.Some Sunnites believe there is merely one verse in Quran concerning khums; thus it isnot so important. This single verse includes the spoils of war, not business profit and trade as Shiites believe in it. But Shiites criticize Sunnites argument as follows: 1- firstly, there is more than one Quranic verse regarding it, secondly among the verses on the leading ritual of Hadj, we do rely on a single verse to prove it; Henceforth, Can't we apply this rule to Khums? 3- The Sunnites themselves refer to some narrations on paying Khums. The consensus of Muslims to pay khums is one of the reasons given by Shiites in response to Sunnites, especially Wahhabism. This research on one hand suggests the arguments raised by Shiites and on the other surveys the arguments of Sunnites. The result of this research firmly asserts the weakness of Sunnites arguments and the strength of Shiites' arguments as a religious duty.

University of Tehran Religious Researches 2008-8388 9 3 2013 09 23 The Analysis of The Individuals, Epithets and Effective Criterions in Mahrolmesl The Analysis of The Individuals, Epithets and Effective Criterions in Mahrolmesl 157 186 36186 10.22059/jorr.2013.36186 FA Hussein Abuey Fatemeh Rokh Ali Tavallaei Journal Article 2013 07 16 Delineating of mahrolmesl that is stated as "mahr nisaaha" in narratives, is one of the assessed and exquisite affairs that many evidences cause its difference and value diversity in seemingly similar instances. In juridical texts on the basis of narratives, some localities have been assigned for paying mahrolmesl. Although custom and thrift of man, are determinant but in this arena, they find a vital role and always are considered under other titles and epithets. The Persia civil code in provision 1091 using heavy, similar, repetitive and sometimes imprecise phrases, expresses the method of delineating mahrolmesl. This article by exquisite survey in juridical texts and utilizing narratives, provides the possibility of effective criterion analysis in delineating of mahrolmesl. The general criterion is this: whatever from epithets, criteria and individuals that impresses on increasing and decreasing of mahrolmesl, should be considered. To avoid from this generalization, this article introduces epithets and the legal and the custom concepts of them, with a detailed and amplified method. As the result, this research suggests the modification of provision 1091, for the discipline of mahrolmesl evaluating. Delineating of mahrolmesl that is stated as "mahr nisaaha" in narratives, is one of the assessed and exquisite affairs that many evidences cause its difference and value diversity in seemingly similar instances. In juridical texts on the basis of narratives, some localities have been assigned for paying mahrolmesl. Although custom and thrift of man, are determinant but in this arena, they find a vital role and always are considered under other titles and epithets. The Persia civil code in provision 1091 using heavy, similar, repetitive and sometimes imprecise phrases, expresses the method of delineating mahrolmesl. This article by exquisite survey in juridical texts and utilizing narratives, provides the possibility of effective criterion analysis in delineating of mahrolmesl. The general criterion is this: whatever from epithets, criteria and individuals that impresses on increasing and decreasing of mahrolmesl, should be considered. To avoid from this generalization, this article introduces epithets and the legal and the custom concepts of them, with a detailed and amplified method. As the result, this research suggests the modification of provision 1091, for the discipline of mahrolmesl evaluating.