University of TehranReligious Researches2008-838810220140622Religious Jurisprudence Study of the Effect Possibility Clause in Obligation of the Calling People to the Goodness and Preventing People from evil-doing from the viewpoint of Time and Affecting LimitationReligious Jurisprudence Study of the Effect Possibility Clause in Obligation of the Calling People to the Goodness and Preventing People from evil-doing from the viewpoint of Time and Affecting Limitation2192465199910.22059/jorr.2014.51999FAAli AkbarIzadifardSalehMontazeriJournal Article20140428The obligation of the calling people to the goodness and preventing people from the evil is bound to some clauses that one of them is the possibility of the effect. The writers of this article seek to answer this question whether calling people to the goodness and preventing people from the evil shall be obligatory or not, if the orderer to the goodness and preventer from the evil knows that his/her order and prevention is not effective, now or does not influence the addressee who prevents from performing goodness and/or does the evil. <br />The most jurists believe that in such case, the calling people to the goodness and preventing people from the evil shall not be obligatory. But, we criticize the evidences of the jurists and prove the clause of the effect possibility, enjoying the tetra-evidences, from the time viewpoint whether present or future, and also considering the affecting limitation including the addressee and others. In other words, we shall substantiate that the effect possibility clause shall be applicable and universal, regarding the aforesaid both dimensions.The obligation of the calling people to the goodness and preventing people from the evil is bound to some clauses that one of them is the possibility of the effect. The writers of this article seek to answer this question whether calling people to the goodness and preventing people from the evil shall be obligatory or not, if the orderer to the goodness and preventer from the evil knows that his/her order and prevention is not effective, now or does not influence the addressee who prevents from performing goodness and/or does the evil. <br />The most jurists believe that in such case, the calling people to the goodness and preventing people from the evil shall not be obligatory. But, we criticize the evidences of the jurists and prove the clause of the effect possibility, enjoying the tetra-evidences, from the time viewpoint whether present or future, and also considering the affecting limitation including the addressee and others. In other words, we shall substantiate that the effect possibility clause shall be applicable and universal, regarding the aforesaid both dimensions.University of TehranReligious Researches2008-838810220140622"Legitimacy of sex selection through preimplantation genetics diagnosis (PGD)""Legitimacy of sex selection through preimplantation genetics diagnosis (PGD)"2472705200010.22059/jorr.2014.52000FAFatemehPiri AmirhajilooAliTavallaeiMohammad HasanSheikhhaJournal Article20140201Preimplantation genetic diagnosis (PGD) is the combination of prenatal diagnosis (PND) and in vitro fertilization (IVF). In this way, the genetic diagnosis of genetics diseases in human embryos before implantation, give parents the chance to start a pregnancy with a healthy baby without any genetic abnormalities.<br />Gender selection of children is one of the important functions of PGD. The purpose of this process is the prevention of diseases related to sex and gender selection bases on parents’ interest. <br />The aim of this study was to determine the prove of legitimacy of sex selection for these two reasons based on the legal rules such as "hardship", "no harm rule" and originality of Albrayh. So far in our country in relation to sex determination no law is established. However, according to some questions (Istefta) from some scholars, they permit such action if there is no harm to the community and individuals.Preimplantation genetic diagnosis (PGD) is the combination of prenatal diagnosis (PND) and in vitro fertilization (IVF). In this way, the genetic diagnosis of genetics diseases in human embryos before implantation, give parents the chance to start a pregnancy with a healthy baby without any genetic abnormalities.<br />Gender selection of children is one of the important functions of PGD. The purpose of this process is the prevention of diseases related to sex and gender selection bases on parents’ interest. <br />The aim of this study was to determine the prove of legitimacy of sex selection for these two reasons based on the legal rules such as "hardship", "no harm rule" and originality of Albrayh. So far in our country in relation to sex determination no law is established. However, according to some questions (Istefta) from some scholars, they permit such action if there is no harm to the community and individuals.University of TehranReligious Researches2008-838810220140622Legal jurisprudence Toys socialresponsibilityLegal jurisprudence Toys socialresponsibility2713045200110.22059/jorr.2014.52001FAAsadollahLotfiJournal Article20140227In certain cases the occurrence of an event that has an important role as guarantor shall be due and evenly if multiple devices within the same work, they subscription mode Tsbyb will bring, and the shared Warranty. But if multiple devices throughout the Asrknnd, society gadget arises then known which of toys guarantor and is responsible for the review and comments on this article, there are different views on the strengths and weaknesses of their case has been analyzed.In certain cases the occurrence of an event that has an important role as guarantor shall be due and evenly if multiple devices within the same work, they subscription mode Tsbyb will bring, and the shared Warranty. But if multiple devices throughout the Asrknnd, society gadget arises then known which of toys guarantor and is responsible for the review and comments on this article, there are different views on the strengths and weaknesses of their case has been analyzed.University of TehranReligious Researches2008-838810220140622The ways to take advantage of justice in jurisprudence and IjtihadThe ways to take advantage of justice in jurisprudence and Ijtihad3053225200210.22059/jorr.2014.52002FASaeedZiaeefarJournal Article20140212One of the crucial questions in contemporary times is that : do the justice affected the jurisprudence.? Although Imamiye a long time ago and as the theoretical and basic way emphasized that " God is Just " but the Just of God depended and follow the interests and ills; one of the most important interests and ills is that: Justiceis good andinjusticeisbad; on this occasion,Imamiyehave beenknowntoJustice;butthere waslittle attentionto the roleand impact ofjustce in jurisprudence . <br />Most attention to theimpactofjusticein jurisprudence has been inthe last few decades. And the workjustInsome cases,byjurisprudents, has been done. Inthis paperwe have tried to collectemanywaysby whichthe"justice"can be usedinjurisprudence.It,s moredifficult whenwe have tried toprovideexamplesof jurisprudenceformoreways. The Ways which werespoken Inthisarticle are The effectofof justicein issuanceornon-issuance ofHadith ,Influenceof justice Inrecognition ofthe issuance traditionto express thereligious orderor Valaei order etc. the use of justice in the understanding of generalityandnon- generality of order, the justic's influenceonthe creationorelimination ofbrief in order, the roleof justice inallocation of the order to specifictime or place, the use of justice in understanding of compulsion or non- compulsion, and the use of justice Whenconflict andoccursOne of the crucial questions in contemporary times is that : do the justice affected the jurisprudence.? Although Imamiye a long time ago and as the theoretical and basic way emphasized that " God is Just " but the Just of God depended and follow the interests and ills; one of the most important interests and ills is that: Justiceis good andinjusticeisbad; on this occasion,Imamiyehave beenknowntoJustice;butthere waslittle attentionto the roleand impact ofjustce in jurisprudence . <br />Most attention to theimpactofjusticein jurisprudence has been inthe last few decades. And the workjustInsome cases,byjurisprudents, has been done. Inthis paperwe have tried to collectemanywaysby whichthe"justice"can be usedinjurisprudence.It,s moredifficult whenwe have tried toprovideexamplesof jurisprudenceformoreways. The Ways which werespoken Inthisarticle are The effectofof justicein issuanceornon-issuance ofHadith ,Influenceof justice Inrecognition ofthe issuance traditionto express thereligious orderor Valaei order etc. the use of justice in the understanding of generalityandnon- generality of order, the justic's influenceonthe creationorelimination ofbrief in order, the roleof justice inallocation of the order to specifictime or place, the use of justice in understanding of compulsion or non- compulsion, and the use of justice Whenconflict andoccursUniversity of TehranReligious Researches2008-838810220140622Juridical crteria for the assessment of dowry according to the up-to-the miniute rateJuridical crteria for the assessment of dowry according to the up-to-the miniute rate3233385200310.22059/jorr.2014.52003FAHamidAnsariMojtabaSahragard DehkordiJournal Article20131221assessment of compensation for the reduction in the value of the currency in case of the financial dowry is The issues that were not previously. The creation of credit money and their value redution caused that Compensation for the value of money Be considered as a means to preserve the value of money in financial liabilities arise such as dowry. In this regard, there was an waver to article 1082 in 1376 based on which monetary dowry must be assessd according to the up-to-the miniute retes. Although some jurists do not allow dowry assessment, but in contrast to most of the jurists permitted it, and some are also believed to be a compromise between the parties. The research methodology in this study is the evidence proponents of dowry assessment. This present investigation tries to prove the necessity of observance of fairness as the reasons for the principles of assessment of updated dowry rate and to have a research into the followig issues: topical swerve from usury, convention , the law of condition, the law of responsibility, the law of innocent (not imposing losses on other people) and necessity of justiceassessment of compensation for the reduction in the value of the currency in case of the financial dowry is The issues that were not previously. The creation of credit money and their value redution caused that Compensation for the value of money Be considered as a means to preserve the value of money in financial liabilities arise such as dowry. In this regard, there was an waver to article 1082 in 1376 based on which monetary dowry must be assessd according to the up-to-the miniute retes. Although some jurists do not allow dowry assessment, but in contrast to most of the jurists permitted it, and some are also believed to be a compromise between the parties. The research methodology in this study is the evidence proponents of dowry assessment. This present investigation tries to prove the necessity of observance of fairness as the reasons for the principles of assessment of updated dowry rate and to have a research into the followig issues: topical swerve from usury, convention , the law of condition, the law of responsibility, the law of innocent (not imposing losses on other people) and necessity of justiceUniversity of TehranReligious Researches2008-838810220140622Truth and legitimacy of life insurance from the viewpoints of contemporary Islamic jurists and lawyersTruth and legitimacy of life insurance from the viewpoints of contemporary Islamic jurists and lawyers3393705200410.22059/jorr.2014.52004FASaeedAfshariSeyed Mohammad TaghiGhabooli DorafshanMojtabaElahianJournal Article20140409Nowadays, life and living insurances are most effective and applied evidences in the economic and social realm. Within these typicals of insurances, individuals are able to provide the capitals by economizing on the costs and monthly continuous repayments, b which they can supply the schooling costs of persons, marriage, dowry, housing construction. Although, the legal and jurisprudential faults and doubts within this context cause the insurance not to able to grasp its outstanding and real position in Islamic countries. Therefore, from this regard, contemporary Islamic lawyers and jurists have various views<br />about the truth and legitimacy of insurance in such away, some of them regard them unlawful and like as usury, restitution, compensation, gambling, bailment, confinement transaction, and entrench the property in unlawful. And some others confirm the life insurance license in the form of transaction based on<br />the peace, cooperation, pledge and trust and a typical loan and by<br />referring to the legal reasons and rationality, freedom principle of treaties, and license and legitimacy of all kinds of life insurance based on the jurisprudential foundations of five-fold sects (Imamyeh) Shafei, Hanafi, Hanbali, Maleki and Iranian law as well as delineating the opinions of contemporary Islamic jurists and lawyers ,they are quite taken into account.Nowadays, life and living insurances are most effective and applied evidences in the economic and social realm. Within these typicals of insurances, individuals are able to provide the capitals by economizing on the costs and monthly continuous repayments, b which they can supply the schooling costs of persons, marriage, dowry, housing construction. Although, the legal and jurisprudential faults and doubts within this context cause the insurance not to able to grasp its outstanding and real position in Islamic countries. Therefore, from this regard, contemporary Islamic lawyers and jurists have various views<br />about the truth and legitimacy of insurance in such away, some of them regard them unlawful and like as usury, restitution, compensation, gambling, bailment, confinement transaction, and entrench the property in unlawful. And some others confirm the life insurance license in the form of transaction based on<br />the peace, cooperation, pledge and trust and a typical loan and by<br />referring to the legal reasons and rationality, freedom principle of treaties, and license and legitimacy of all kinds of life insurance based on the jurisprudential foundations of five-fold sects (Imamyeh) Shafei, Hanafi, Hanbali, Maleki and Iranian law as well as delineating the opinions of contemporary Islamic jurists and lawyers ,they are quite taken into account.University of TehranReligious Researches2008-838810220140622Liability for Breach of the Contract of Muzara’ahLiability for Breach of the Contract of Muzara’ah3714045200510.22059/jorr.2014.52005FAEsmailNematollahiQom UniversityJournal Article20140106There is disagreement as to the acceptance or rejection of contractual liability in Islamic jurisprudence. Like many other topics, there could not be found a distinct discussion regarding the question at hand in Islamic jurisprudence, and materials must be attracted from here and there.<br />This article deals with a case study of this topic in the contract of muzara’ah (agricultural partnership). Thus, after a survey on the nature of this contract, it goes on studying the breach of contract by cultivator and agent separately. From this study, it could be concluded that, as against the famous view, acceptance of damages for breach of contract is favored by some Imamiah jurists and could be supported.There is disagreement as to the acceptance or rejection of contractual liability in Islamic jurisprudence. Like many other topics, there could not be found a distinct discussion regarding the question at hand in Islamic jurisprudence, and materials must be attracted from here and there.<br />This article deals with a case study of this topic in the contract of muzara’ah (agricultural partnership). Thus, after a survey on the nature of this contract, it goes on studying the breach of contract by cultivator and agent separately. From this study, it could be concluded that, as against the famous view, acceptance of damages for breach of contract is favored by some Imamiah jurists and could be supported.University of TehranReligious Researches2008-838810220140622فلسفه های احکام در خطبه فدکیهفلسفه های احکام در خطبه فدکیه4054325200610.22059/jorr.2014.52006FASeyed EshaghHosseini KoohsariJournal Article20140522خط فدک حضرت زهرا مانند نهج البلاغه امیربیان حضرت علی علیهما السلام در اوج هنر وعظمت واز میراثه ای عظیم الهی برای بشر است یکی از فراز های مهم خطبه فدکیه همان فلسفه احکام است که بابیان رسا در آن مجلس مطرح شده است . موضوعی که بیان آن، در هم چو جوّّ و هم چه مجلسی خود نوعی اعجاز بیانی واوج شخصیت سخنران است که در این مقاله به آن پرداخته شده است، مانند : ایمان برای طهارت از شرک، نماز برای پیراستن از کبر، زکات برای توسعه رزق،روزه برای اخلاص،حج برای تقویت دین،عدالت مایه آرامش قلوب،،امامت مانع ازتفرقه، جهاد عزت اسلام،صبر برای طلب مغفرت،امر به معروف برای مصلحت عامه ،نیکی به والدین برای حفاظت از غضب الهی،صله رحم مایه رشد نسل،قصاص وحفظ دماء،وفاء به نذر برای مغفرت،کیل و وزن وجلوگیری از کم فروشی، قذف و لعنت الهی،رابطه سرقت و عفت نفس ،عدالت در قضا وانس جامعه ،رابطه حرمت شرک و اخلاص الهی و در پایان بخش این فراز خطبه دعوت به تقوی الهی است که تحقیق پیش رو در صدد شرح وتوضیح آن بر آمده است .خط فدک حضرت زهرا مانند نهج البلاغه امیربیان حضرت علی علیهما السلام در اوج هنر وعظمت واز میراثه ای عظیم الهی برای بشر است یکی از فراز های مهم خطبه فدکیه همان فلسفه احکام است که بابیان رسا در آن مجلس مطرح شده است . موضوعی که بیان آن، در هم چو جوّّ و هم چه مجلسی خود نوعی اعجاز بیانی واوج شخصیت سخنران است که در این مقاله به آن پرداخته شده است، مانند : ایمان برای طهارت از شرک، نماز برای پیراستن از کبر، زکات برای توسعه رزق،روزه برای اخلاص،حج برای تقویت دین،عدالت مایه آرامش قلوب،،امامت مانع ازتفرقه، جهاد عزت اسلام،صبر برای طلب مغفرت،امر به معروف برای مصلحت عامه ،نیکی به والدین برای حفاظت از غضب الهی،صله رحم مایه رشد نسل،قصاص وحفظ دماء،وفاء به نذر برای مغفرت،کیل و وزن وجلوگیری از کم فروشی، قذف و لعنت الهی،رابطه سرقت و عفت نفس ،عدالت در قضا وانس جامعه ،رابطه حرمت شرک و اخلاص الهی و در پایان بخش این فراز خطبه دعوت به تقوی الهی است که تحقیق پیش رو در صدد شرح وتوضیح آن بر آمده است .University of TehranReligious Researches2008-838810220140622English AbstractsEnglish Abstracts185262910.22059/jorr.2014.52629FAJournal Article20150127