iqala (cancelling of the contract) is a legal act that is formed by sides' satisfactory contract and makes it breakup. imami, hanbali and shafei jurists revocate the iqala. hanafi jurists account iqala revocation into sides of contract, but a new transaction into outsiders. from the maleki jurists viewpoint, iqala is a new transaction, but civil code accounts the iqala tafasokh (breaking u...

the crises sometimes cause a man(zawj) to become absent so that no news have been received from him. shiite and sunnite religions have two opinions about the situation of the wife(zawjah) of the continuously absent person: patience until his life or death becomes clear, and waiting four months and ten days(ieddeh of death) after waiting for a determined period. shiite jurists, in condition that...

the endowing means withholding of corpus of property and consumering its benefits for good aims. endowing is a legal act but there are differences about its nature. some of islamic jurists believe that it is a unilateral act and others believe that it is a contract. there are also differences about state of ownership of endowed property: some of islamic jurists believe that settler of endowment...

one of the issues disagreed among the islamic jurists is the possibility of the actualization of justice among the people of the scripture. the renowned majority of the jurists believe in the non-actualization of justice among the disbelievers in general. this article, at first, points out the evidences of the renowned majority of the jurists on the non-actualization of justice among the people...

despite the consensus of jurists (fokaha) in safe custody of property (haraz) as one of the punishable conditions when the theft happens, some jurists made an exception in bird case. it means that stealing the bird would not subject to punishment namely cut off the thief's hand, even if the bird was in safe custody.  many of  fokaha, however,  believe that if the bird is in safe custody, t...

despite the consensus of jurists (fokaha) in safe custody of property (haraz) as one of the punishable conditions when the theft happens, some jurists made an exception in bird case. it means that stealing the bird would not subject to punishment namely cut off the thief's hand, even if the bird was in safe custody.  many of  fokaha, however,  believe that if the bird is in safe custody, t...

one of the most important issues in the occultation age that has been discussed by islamic jurists is whether the implementation of hudod punishment is allowed during the occultation age of infallible imam or not. the jurists have different opinions about this issue that we could generally categorize such opinions into three groups. the majority of jurists believe in the permissibility of perfo...

the applicability of executing the qiṣāṣ punishment through donation of organs is a novel topic and at the same time influential in safeguarding the blessings of human health and life. the legitimacy of this procedure requires delving into legal views and opinions. the renowned majority of imāmī jurists believe that the procedure of executing punishment in blood-vengeance has no topicality (rel...