in some islamic narrations (ahadith) it is prohibited to postpone the performance of had (prescribed punishment). by analyzing the content of these narrations, this article concludes that they are not specifically related to hodoud in its idiomatic sense, i.e. prescribed punishments as opposed to ta’zir(discretionary punishment). indeed all punishments must be certain and performed in a reasona...

in this article a part of the amendment to the iranian civil law, i.e. amendment to article 946, ratified in bahman/february 1378/1999, is analyzed from the legal point of view. this article, according to which a significant change has taken place in the way the wife inherits from her husband and the civil law has distanced from the views of the renowned majority of the shī‘a jurists and has ap...

when in doubt over duty and the absence of reason, it is the time for adhering to practical principle; but, there is disagreement among principalists as to what is the rimary rule in times of doubt. some scholars including nāīnī have accepted intellectual innocence as a primary rule, whereas others - especially shahīd sadr -believe in intellectual precaution. nāīnī refers to the rule ‘the indec...

legal and judicial mitigating factors are one of the effective mechanisms for individualization of punishments and persuading offenders to avoid the continuation of the act of crime. these would also prevent the harmful consequences of crime from proliferating, and it help to discover crime and arrest aiders and abettors. the legislature has in different instances specified such legal exemption...

the legislator has not an explicit view about revision to judgments based on definitive oath. this point has caused disagreement between judges and lawyers. such disagreement may be entitled the losing party to petition in revision court in one case and deprive other losing party from it in similar case. in addition, the lawyers doubt in basis of rule in article 369 of civil procedure code base...