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 o...

imamiyyah jurisprudents have given various views on the meaning of justice. generally viewed, their deference can be proposed in three essential fields: 1- those jurisprudents like sheikh ansari and imam kkomeini have known justice as a fully rooted and stable property, malakah; while some like vahid behbahani and the late khoyi have disagreed with them and known their view of many objections; ...

principle of justice and equity is a term, although it is seen in recent jurisprudents' writings, which have not been explained clearly at all. therefore, some of the jurisprudents do not accept this term as a principle; some others accept it as a principle and consider its implementation in case of being a special reason; and other group of jurisprudents accept it as a principle but limit...

the increasing and unlimited cases of burdensome dowries beyond the husband's solvency, leading finally to the enforcement of dowry and divorce, had led some commentators to fix a certain maximum for dowry. the authors, in this article, intend to find a proper theory to resolve this matrimonial problem through reviewing the earlier and later islamic jurisprudents’ opinions. although according t...

the age of maturity is one of the most important issues in the jurisprudence book” hijr”. the shiite and sunnite jurisprudents discussing prohibition of repossessing the properties deals with the maturity conditions. in this part they study maturity age of male and female and neuter. in this article jurisprudentially researching the writer reviews the verses and riwayas and jurisprudents’ opini...

identification and recognition of incomplete embryo is a new matter which has been raised recently. but rapid development of technology and recognition of prenatal disorders made abortion a means to relive and to prevent a child with untreatable and dangerous diseases from having a hard life. but some people are involved in it and it has created many social disorders. although many religious ju...

similarities and differences of interdiction in khamseh religions   fatemeh hosseinpour mogaddami [1] eivazi (ph.d.) [2] abstract interdiction and its application is one of the important subjects from judicial, legal and also social aspects. interdiction means prohibition of financial possessions and the interdictor is the person who is prohibited from possession of his properties. the reasons ...

“preventing an evil takes priority over securing an interest” and preferring the prohibition side is among discussions raised by usuli scholars and has been accepted as particular affirmative proposition; the said priority is known among islamic jurisprudents as “ preventing an evil takes priority over securing a benefit” in whose … is the contrast of evil and benefit. four interpretations of t...

there are different views, about the authenticity of esteshal (masalehe morsalah), among the religious jurisprudences of sunnite and emamieh. each of them has offered arguments possibly in rejecting and proving esteslah, but they took an extreme in their arguments. the present study attempts to prove that esteslah, which had been presented by jurisprudents, in the context of social issues, is d...