Civil Jurisprudence Doctrines

Research Article

The Subject Matter of the Obligation and the Subject Matter of the Contract (Unity or Duality)

Rouhollah Akhoundi; Mostafa Shahbazi

Volume 18, Issue 33 , August 2026, Pages 11-39

https://doi.org/10.30513/cjd.2025.6210.1979

Abstract

The correct definition and description of concepts in legal science play an unparalleled role in the accurate analysis of issues, the swift resolution of related problems, and legal ... Read More The correct definition and description of concepts in legal science play an unparalleled role in the accurate analysis of issues, the swift resolution of related problems, and legal education. One of the significant and disputed issues that has remained unresolved, and constitutes the main question of this article, is whether, despite the conceptual distinction between "obligation" and "contract", their subject matters are also distinct. In other words, which of the four logical relations applies between the subject matter of a contract and that of contractual obligations? There is considerable disagreement among legal scholars on this matter. Some prominent figures maintain the unity, while others advocate the duality of the subject matter of obligation and the subject matter of contract. It appears that neither of these two views can be entirely correct in absolute terms, and each only expresses a part of the reality. In this theoretical and analytical research, we have concluded that not only must a distinction be made between the subject matter of transfer contracts and that of obligational contracts, but also a clear differentiation must be drawn between the infinitive and the passive participle/product meanings of these two terms. In effect, in transfer contracts, the subject matter of the obligation and the subject matter of the contract are identical. However, in obligational contracts, the subject matter of the obligation (in its product sense) differs from the subject matter of the contract. The subject matter of the obligation in obligational contracts is an asset or an act, whereas the subject matter of the contract in these contracts is the legal responsibility and liability of the obligated party. Consequently, it must be stated that the relationship between the subject matter of the obligation and the subject matter of the contract in transfer contracts is equality, while in obligational contracts this relationship is nothing other than distinctness/opposition

Research Article

Feasibility of Creditors' Intervention in the Transactions of a Debtor Claiming Insolvency

Seyyed Mohammad Asadinejad; Sahand Nejadi Ijadkar

Volume 18, Issue 33 , August 2026, Pages 41-70

https://doi.org/10.30513/cjd.2025.6996.2062

Abstract

Transactions conducted by a debtor claiming insolvency (Muʿsir) may lack one of the essential conditions for the validity of contracts, thus rendering them void (Bāṭil) or non-enforceable. ... Read More

Research Article

An Analytical Study on the Transferability of the Property or Its Benefits in Digital Currencies

Setare Ayoubi; Sam Moahammadi; Seyed Hasan Hoseini Moghadam

Volume 18, Issue 33 , August 2026, Pages 71-98

https://doi.org/10.30513/cjd.2025.6532.2014

Abstract

The present study adopts an analytical approach to examine the legal and jurisprudential challenges of digital currencies in the formation of traditional contracts such as sale, lease, ... Read More The present study adopts an analytical approach to examine the legal and jurisprudential challenges of digital currencies in the formation of traditional contracts such as sale, lease, and loan. The focus on these contracts is due to their status as the most important instruments for the transfer of assets within the legal and jurisprudential system. Considering the accepted definitions in civil law and jurisprudential texts, which regard these contracts as transferring the specific asset or its usufruct, the central question is: to what extent are digital currencies, with their non-tangible and digital nature, compatible with this framework? Furthermore, the seizability of digital currencies within the framework of Islamic jurisprudence and Iranian civil law will be examined. In this regard, the present research focuses on the general criteria and existing overarching rules in law and jurisprudence, attempting to adapt digital currencies to these criteria, rather than creating new criteria for their legitimacy or illegitimacy. The research findings indicate that in Islamic jurisprudence, digital currencies, due to possessing monetary value, transferability, and legitimate use, can be the subject of a sale or loan contract. However, leasing these assets faces challenges due to ambiguity in defining their specific and legitimate usufruct. In this context, the principle of permissibility can also be considered when examining the legitimacy of these transactions. Nevertheless, some jurists believe that transactions involving digital currencies are speculative and fraught with risk, and their validity cannot be accepted. In this regard, attention to the fatwa of the Supreme Leader is also necessary. In Iranian civil law, the sale and loan of digital currencies are accepted due to their economic value and transferability, but their lease requires a revision of the classical principles and conditions of lease contracts. On the other hand, the seizure of digital currencies as an executive measure in Iranian civil and criminal law faces legal and technical obstacles due to the unique characteristics of these assets, such as anonymity, decentralization, and dependence on technological platforms. This research emphasizes the necessity of drafting clear and comprehensive regulations for this domain to ensure both their religious and legal legitimacy and the executive efficiency of these regulations. Given the existing challenges, it is proposed that the legislator, considering various jurisprudential viewpoints, especially the fatwa of the Supreme Leader, draft regulations that, while preserving public interests, prevent the misuse of these financial instruments. The research method in this article is descriptive-analytical.

Research Article

An Analysis of Human Testing and Vaccination in the Jurisprudence of the Two Major Islamic Denominations

Mohammad Bolhasani

Volume 18, Issue 33 , August 2026, Pages 99-125

https://doi.org/10.30513/cjd.2025.5637.1920

Abstract

The spread of contagious diseases poses serious jurisprudential-legal challenges to the health system and the life of human societies. Human testing and the mass administration of emerging ... Read More

Research Article

An Analysis of the Legal Status of Selling Natural Hair

Mohammad Hoseein Taghipour Darzi Naghibi; Vadieh Tahmasbpour; Hossein Khanlari Bahnamiri

Volume 18, Issue 33 , August 2026, Pages 127-166

https://doi.org/10.30513/cjd.2025.6965.2060

Abstract

Although extensive research has been conducted on the transaction of human body parts, no scientific research has been observed regarding the legal status of trading in natural hair. ... Read More

Research Article

Jurisprudential and Legal Explanation of the Possibility of Agreeing on the Retroactive Effect of Contract Termination

Amirbbas Askari

Volume 18, Issue 33 , August 2026, Pages 167-200

https://doi.org/10.30513/cjd.2025.4889.1828

Abstract

Termination of a contract has effect for the future, and the contract remains valid until a cause for its termination occurs. Therefore, upon the exercise of termination, the contract ... Read More

Research Article

Evaluating the Extent of the Owner's Liability for Damages Caused by the Act of a Domestic Cat

Mahdiyeh Ghanizadeh; Abd al-samad Aliabadi

Volume 18, Issue 33 , August 2026, Pages 201-225

https://doi.org/10.30513/cjd.2026.7185.2078

Abstract

Considering the requirements of modern life and the domestic keeping of cats, an issue that necessitates particular examination is the owner's liability for damages caused by the animal. ... Read More Considering the requirements of modern life and the domestic keeping of cats, an issue that necessitates particular examination is the owner's liability for damages caused by the animal. Therefore, the present study, using a descriptive-analytical method and comparing the opinions of Imamiyyah and Sunni jurists, is an attempt to evaluate the extent of the owner's liability for damages caused by the act of a domestic cat. The research findings indicate a jurisprudential disagreement on this issue. Although the majority of jurists hold the opinion of non-liability of the owner for damages caused by the animal's behavior, this view faces serious criticism. Upon close examination of the evidences for the various viewpoints on this matter, what is concluded is the strict liability of the owner for damages arising from the animal's behavior, as the preferred view in this issue. On the other hand, the legislator's approach in this regard is also varied. In the Civil Code, the view of fault-based liability is confirmed, while in the Penal Code, the view of liability conditioned upon the animal's harmful nature is adopted. This situation, in turn, necessitates a revision of the law and the establishment of a uniform procedure on this issue.The findings of the research indicate a jurisprudential disagreement on this issue. Although the majority of jurists hold that the owner is not liable for damages caused by the animal’s behavior, this view faces serious criticism. A thorough analysis of the various arguments suggests that strict liability of the owner for the damages caused by the animal’s behavior is the preferred opinion in this matter.On the other hand, the legislator's approach differs in this regard: the Civil Code adopts a fault-based liability model, while the Penal Code considers liability conditional on the animal’s aggressive nature. This divergence highlights the need for legal reform and harmonization of legal practice concerning this issue.

Research Article

Jurisprudential and Legal Reasons for the Forfeiture of the Guarantor's Right of Recourse Against the Principal Debtor in the Case of a Debt Gift to the Authorized Guarantor, Before Payment of the Debt

Mohammad Jaber Ghanbari; Mahdi Kazemi

Volume 18, Issue 33 , August 2026, Pages 227-255

https://doi.org/10.30513/cjd.2025.7204.2083

Abstract

Undoubtedly, as stipulated in Article 719 of the Civil Code, the release (Ibrā') of the guarantor (Ḍāmin) results in the forfeiture of his right of recourse against the principal ... Read More Undoubtedly, as stipulated in Article 719 of the Civil Code, the release (Ibrā') of the guarantor (Ḍāmin) results in the forfeiture of his right of recourse against the principal debtor. However, the ruling for the scenario where the creditor gifts the debt to an authorized guarantor is not provided for in the law. The purpose of this article is to state the jurisprudential and legal reasons for the lack of a right of recourse for the guarantor against the principal debtor before the payment of the debt and after the gift of the debt to the guarantor. The findings of the research, which is based on a descriptive-analytical method, show that according to the narrations (Riwāyāt) in jurisprudence and the famous opinion of the jurists, given the gratuitous/charitable nature of the guarantee contract, the origin of the guarantor's right of recourse against the principal is the damage caused by the guarantor's payment of the debt. Furthermore, before the debt is paid, the occurrence of harm to the guarantor is not certain, and therefore it is not subject to the rule of no-harm (Qā'idat Lā Ḍarar) as the basis for the guarantor's right of recourse. From a legal perspective, the arguments of those in favor of the right of recourse in this specific scenario are flawed. On one hand, the criterion of the ruling in Article 712 cannot be relied upon, because the guarantor's recourse after inheriting the debt was not without consideration, but after a gift of the debt, it is without consideration and without the guarantor incurring any loss. On the other hand, due to the lack of joint and several liability and the extinguishment of the creditor's (principal's) right of recourse against the principal debtor, the subrogation of the guarantor after the gift of the debt would also be meaningless. Therefore, the criterion of the second part of Article 321 on usurpation is also not applicable to this case. Moreover, granting the guarantor a right of recourse in this situation would mean an increase in his assets—a matter that is contrary to the purpose of legislating the contract of guarantee in jurisprudence and civil law. This is because Article 709 stipulates that the condition for recourse is the loss resulting from the payment of the debt.

Research Article

The Pathology of the Intensification of Restrictions on Private Ownership in Iran from a Jurisprudential and Legal Perspective

Shahram Mohammadi; Begard Teimouri; Ebad Rouhi

Volume 18, Issue 33 , August 2026, Pages 257-294

https://doi.org/10.30513/cjd.2025.7173.2077

Abstract

Private ownership, as one of the fundamental rights of individuals, plays a pivotal role within the legal system. In the Islamic Republic of Iran, the continuing trend of intensifying ... Read More

Research Article

A Jurisprudential and Legal Analysis of the Validity of Ambiguous Dowry and Mechanisms for Resolving Its Uncertainty with Emphasis on Judicial Practice

Ahmad Behi; Mohammad Mehryar

Volume 18, Issue 33 , August 2026, Pages 295-330

https://doi.org/10.30513/cjd.2025.7049.2068

Abstract

One of the major challenges in the Iranian legal and jurisprudential system is the issue of ambiguous dowry, particularly in cases where the dowry is stipulated in general or undivided ... Read More

Research Article

Rereading the Concept and Rulings of Customary Guarantee in Imami Jurisprudence and Iranian Law as a Framework for Solving Emerging Issues: A Look at the Opinions of Seyed Yazdi and Professor Ayatollah Mohaghegh Damad

Seyyed Nima Norouzi

Volume 18, Issue 33 , August 2026, Pages 331-366

https://doi.org/10.30513/cjd.2025.7227.2085

Abstract

The contract of guarantee has long been regarded as a fundamental institution in Imami jurisprudence, traditionally defined on the basis of Naql al-Dhimma (transfer of liability). According ... Read More The contract of guarantee has long been regarded as a fundamental institution in Imami jurisprudence, traditionally defined on the basis of Naql al-Dhimma (transfer of liability). According to this view, the debt is moved from the original debtor to the guarantor. While this classical doctrine gained a firm place in juristic tradition, it has lost much of its practical relevance in light of modern social and economic realities. In contemporary contexts—such as bank guarantees, construction contracts, property insurance, and credit arrangements—the traditional model no longer provides an adequate explanation. To address this gap, contemporary scholars have advanced the idea of "customary guarantee" (Damān ‘Urfī). Unlike the classical model, it is not based on transferring debt but on the guarantor's undertaking to indemnify losses or ensure fulfillment of obligations. This type of guarantee operates as a contractual or even unilateral commitment, validated by custom and practical necessity, and thus differs fundamentally from the dhimma-based framework. In this regard, Seyed Muhammad Kazim al-Ṭabatabaʾi al-Yazdi played a pioneering role by recognizing the legitimacy of guarantees beyond strict debt transfer in works such as al-‘Urwa al-Wuthqā and his glosses on al-Makāsib. In modern Iran, Ayatollah Seyed Mustafa Mohaghegh Damad reformulated these insights into legal language within his General Theory of Conditions and Obligations, thereby introducing them into legal doctrine. By examining the historical development of the guarantee contract and analyzing the views of Seyed Yazdi, and by comparing the classical and customary forms of guarantee, this study concludes that redefining guarantee in light of custom and current needs is compatible with Imami jurisprudence. This approach can enhance the dynamism of the jurisprudence of transactions and foster its convergence with contemporary legal systems.

Research Article

Conflicting Transactions with a Binding Offer in Imami Jurisprudence and Iranian Law

Javad Niknejad

Volume 18, Issue 33 , August 2026, Pages 367-404

https://doi.org/10.30513/cjd.2026.8181.2186

Abstract

Offers are divided into two categories: simple and binding. In a binding offer, the offeror cannot withdraw from the offer, because said offer, by implication entails the deprivation ... Read More

The Constructive Destruction of a Sold Usurped Property to a Bona Fide Purchaser in the Balance of Jurisprudential Critique (The Criticism of the Proposed Bill of the Amendment of Article 323 of Civil Code)

Volume 15, Issue 28 , December 2023, , Pages 3-26

https://doi.org/10.30513/cjd.2022.3477.1595

Abstract

The usurper in Shīʿite jurisprudence is obliged to return the specified usurped property, except in the case of destruction (both factual and constructive) of the usurped object. ... Read More The usurper in Shīʿite jurisprudence is obliged to return the specified usurped property, except in the case of destruction (both factual and constructive) of the usurped object. Article 323 of Civil Code based on this, considers purchaser of the usurped property as a usurper which the owner can refer to him for the return of the specified object. A proposed bill, however, based on the amendment of the above article has been submitted to the parliament in order to protect the validity of the official document and protect the rights of a bona fide purchaser, according to which the usurped property that has been transferred through drawing up and making an official document and the customer is ignorant of its usurpation is considered as a destructed object and the owner is only entitled to its price, which can only refer to the “usurper purchaser” to receive it. The aforementioned proposed bill is controversial in terms of jurisprudential foundations, which is examined in the present article by a descriptive-analytical method and using original jurisprudential sources, because the criterion for the realization of constructive destruction is the occurrence of an intellectual or religious impediments in the return of the existing object. “Capable of being owned exceeding,” “impossibility,” “bodily injury,” “Destruction of a property with a known owner,” and “Destruction of a usurper’s property especially in the assumption of destruction and demolition of his/her considerable property” are among intellectual or religious impediments to the restitution of a specified object and cause the realization of the title of constructive destruction, but the mere “transferring acts” due to the forcible illegitimate possession of the usurper does not lead to the realization of the religious impediment and consequently, the title of a constructive destruction about a usurped specified object. In addition, in the case of the constructive destruction of a usurped specified object, the customer, whether ignorant or knowledgeable along with the usurper purchaser is the liable and responsible for something identical (fungible) or the price of the usurped property and merely ignorance will not be removed his/her liability.

The Islamic Jurisprudential Feasibility of the Nature of A Contract for Difference (CFD)

Volume 13, Issue 23 , May 2021, , Pages 145-172

https://doi.org/10.30513/cjd.2021.1336

Abstract

The growth and development of societies and growth in human needs with development of communication which has resulted the genesis of a specific form of financial and commercial activities ... Read More

The Term Which is Contrary to the Requirements of the Substance (Nature) of Contract

Volume 15, Issue 27 , June 2023, , Pages 317-336

https://doi.org/10.30513/cjd.2021.1892.1355

Abstract

The compatibility with the requirements of the contract, according to clause 1 of Article 233 of the Civil Code, is one of the special conditions of the correctness (validity) of the ... Read More

The Effect of Repudiation (Termination) of the Contract of Construction Partnering on Futures Trading Contracts from Jurisprudential-Legal Perspective and the Code of Pre-Sale of Condominium

Volume 15, Issue 28 , December 2023, , Pages 27-52

https://doi.org/10.30513/cjd.2022.3717.1624

Abstract

Construction partnering between the landowner and the builder for the construction of condominium contract is one of the most common and widely used contracts. In the meantime, one ... Read More Construction partnering between the landowner and the builder for the construction of condominium contract is one of the most common and widely used contracts. In the meantime, one of the challenging and controversial issues is the repudiation (termination or cancellation) of construction partnering before the construction of pre-sale condominium and its impact on the pre-buyers of the condominium share. The view that considers the nature of the pre-sale contract in the contract of construction partnering as its common and traditional sense, with the effect of the issue of possessory of the contract of sale (Arabic: بَیْع, Bayʿ) and principles such as the principle of correctness (validity) and the principle of non- authorization of the impact of termination (repudiation) and at the same time, regardless of the nature and concomitants of the contract of construction partnering, believes that the subsequent termination does not affect the previous pre-sales. In contrast, according to the second point of view that considers the pre-sale of the builder’s share as a contractual and continuous covenant in the construction of condominium contract has different and specific elements than the common and term concept of sale (Arabic: بَیْع, Bayʿ) even with the knowing of ownership of all types of contracts of sale and considering the principle of mutual consent (agreement) and the structure of the construction partnering contract and complete dependence of the pre-sale contract on that contract with the termination of the partnering contract before its enforcement had been cancelled the possibility of delivery of the object of sale in the context of partnering contract as the mother and the basis of pre-sale contracts and pre-sale contracts are subjected into forcible automatic cancellation. This article has proved the second theory by explaining and analyzing the nature of the contract of construction partnering and its relationship with pre-sale contracts in the form of maternal-fetal attachment (MFA) and conditional contract and considering the principle of voluntarism (dominion of will or supremacy of will), and considers as a remover of some legal challenges of pre-sale apartment contracts resulting from construction partnering contract in Iran’s judicial precedent.

The Investigation of Liability for Delegating of Excluded Lands Caused by Fault in the National Lands Detection

Volume 15, Issue 27 , June 2023, , Pages 101-136

https://doi.org/10.30513/cjd.2022.2826.1496

Abstract

The country’s lands in a large (major) land division are divided into two parts, national lands and excluded lands, which in the implementation of the law of nationalization, ... Read More The country’s lands in a large (major) land division are divided into two parts, national lands and excluded lands, which in the implementation of the law of nationalization, sometimes the excluded lands are detected as national lands and then delegated (disposed) to third parties for exploitation to create service, industrial and agricultural projects. It is obvious that the detection of national lands like other human activities is a process mixed with human error and in fact, the main question of this research is who is liable for compensating the losses of the executors of the delegated (disposal) projects, which occurs due to errors and mistakes in the nationalization of the excluded lands? Is the government liable with the general description of the state, or are the agents of the state, i.e., the executive agencies, such as the verifying authority or the delegating authority liable, or are the government’s agents, i.e., relevant natural persons in the national lands detection process such as the distinguisher or forester, liable for compensation or not a particular person is not liable? This article first studies the process of verifying national lands and then investigates wrongful delegation, the liability of the relevant authorities to compensate for the damages, and also, studies the liability for the compensation caused by fault in detecting national lands from the perspective of civil law and special legislation. The result of this research, which is written in an analytical-descriptive method, is that basically, the government or government entities, i.e., the verifying authority and the delegating authority for not having personal and administrative fault and that the detection and delegation of national lands are sovereign acts (jobs), are not liable for compensating the losses of the executor of the delegated project and the transfer authority is only obliged to restitute the price or rent, and the government is not liable for compensations such as devaluation of money and investment costs. Finally, some solutions have been proposed to prevent the consequences of the delegation of excluded lands.

Research Article

Feasibility of suspension towards one party of the contract in barter contracts

somayeh zohuri; Mohammad Farzanegan

Articles in Press, Accepted Manuscript, Available Online from 02 February 2025

https://doi.org/10.30513/cjd.2025.6251.1985

Abstract

Even though there is a serious difference of opinion among the jurists regarding the validity of the pending contract, and the famous jurists have assumed it to be invalid, but the ... Read More

Research Article

A Functional Analysis of the Duty of Enjoining Good in Establishing Reciprocal Guardianship: Public Responsibility and Individual Freedom

Reza Mollazadeh; Khatereh Shahinfard; meisam shoaib

Articles in Press, Accepted Manuscript, Available Online from 05 October 2025

https://doi.org/10.30513/cjd.2025.7540.2112

Abstract

Within the Islamic intellectual tradition, the duty of enjoining good and forbidding wrong is founded upon the hermeneutical tension between two principles: public responsibility and ... Read More

Research Article

Validation of Concessionary Sales to Judges

Gholamreza Yazdani; Mohsen Jahangiri; Muhammad Deni Putra

Articles in Press, Accepted Manuscript, Available Online from 16 November 2025

https://doi.org/10.30513/cjd.2025.7577.2115

Abstract

Concessionary sales to judges, as a form of bribery within the judicial system, have long been scrutinized by Shia jurists due to their disruption of judicial justice and classification ... Read More

Research Article

The scope of the "principle of the necessity of removing ambiguity from the subject of the transaction" in in Jurisprudence and law

Hamed Salehi Aliabadi

Articles in Press, Accepted Manuscript, Available Online from 11 January 2026

https://doi.org/10.30513/cjd.2025.7221.2090

Abstract

One of the undisputed principles in jurisprudence and statutory law regarding the general rules of contracts as well as the specific rules governing specific contracts is the "principle ... Read More

Research Article

Jurisprudential-Legal Analysis of the Inefficiency of the Principle of the Rule of National Law on the Personal Status of Iranians Living Abroad

seyed ali mirlohi

Articles in Press, Accepted Manuscript, Available Online from 11 January 2026

https://doi.org/10.30513/cjd.2025.7248.2087

Abstract

With the increase in Iranians residing abroad, the Iranian legal system faces the fundamental challenge of how to interact with the legal situations and decisions related to the personal ... Read More

Research Article

The examples, criteria, and scope of development on wife from the perspective of Imamieh jurisprudence

Zahra Rasti; Fatemeh Mashayekhi

Articles in Press, Accepted Manuscript, Available Online from 11 January 2026

https://doi.org/10.30513/cjd.2025.7310.2094

Abstract

In the religion of Islam, the family is of special importance as the center of education and the cornerstone of achieving a dynamic society, and therefore, Islam has established rights ... Read More

Research Article

The effect of knowing the intention of illegal use on the validity and invalidity of the transaction: a jurisprudential study

Gholamreza Yazdani

Articles in Press, Accepted Manuscript, Available Online from 12 January 2026

https://doi.org/10.30513/cjd.2025.7412.2103

Abstract

Undoubtedly, in cases where the direction of the transaction is illegitimate and this illegitimate direction is mentioned in the contract, the transaction is void and invalid. However, ... Read More

Research Article

A Jurisprudential Study on the Validity of Selling Decorative Dogs in Imamiyyah (Shi‘a) Fiqh"

mohammadjavad enayati; Alireza Enayati; reza esfandiary

Articles in Press, Accepted Manuscript, Available Online from 12 January 2026

https://doi.org/10.30513/cjd.2025.7578.2116

Abstract

In Ja‘fari jurisprudence, the sale of intrinsically impure objects (‘ayn najis) is generally considered invalid due to the absence of a rationally permissible benefit, with ... Read More

Research Article

Genealogy of a Profound Jurisprudential Dispute; An Analysis of the Argumentative Mechanisms of Imamiyya and Ahl al-Sunnah on the Issue of Mut'ah Emphasizing the Semantics of Verse 24 of Surah An-Nisa'

meisam shoaib; ali mohammadian; Reza Mollazadeh

Articles in Press, Accepted Manuscript, Available Online from 12 January 2026

https://doi.org/10.30513/cjd.2025.7774.2137

Abstract

The present study, noting the existing research gap, comparatively examines the jurisprudential methodologies of Imamiyya and Ahl al-Sunnah regarding the issue of temporary marriage ... Read More

Research Article

Analytical comparison of related contracts and compound contracts in Iranian law

farzad beheshti tavandari; seyyed abooalghasem naghibi

Articles in Press, Accepted Manuscript, Available Online from 20 January 2026

https://doi.org/10.30513/cjd.2026.7239.2088

Abstract

Related contracts are new legal phenomena that entered the world of law in line with the economic needs of individuals, in the laws of countries such as France and in light of the theories ... Read More

Research Article

The Possibility of Enforcing the Obligation of the Contracting Party in Considered Status to Remove the Impediment and Fulfill the Formal and Substantive Conditions of the Contract under Iranian Law and Imamiyeh Jurisprudence

javad niknejad

Articles in Press, Accepted Manuscript, Available Online from 31 January 2026

https://doi.org/10.30513/cjd.2026.6883.2051

Abstract

A considered contract refers to a contract that has been duly formed with all essential requisites, but is hindered by an impediment that prevents its continued execution. Such an impediment ... Read More

Research Article

The Shift from Detailed to Aggregate Knowledge in Combined Contracts within Islamic Jurisprudence

mahmood akbari

Articles in Press, Accepted Manuscript, Available Online from 31 January 2026

https://doi.org/10.30513/cjd.2026.7189.2079

Abstract

1AbstractComposite contracts in Iranian law face a fundamental challenge arising from the tension between the principle of freedom of contract (Article 10 of the Civil Code) and the ... Read More

Research Article

A Jurisprudential and Legal Analysis of the Option of Termination in Smart and Digital Contracts: Challenges and Solutions in Iranian Private Law

Seyed Mostafa Hashemi; Najmeh Darenjani Shirazi

Articles in Press, Accepted Manuscript, Available Online from 08 March 2026

https://doi.org/10.30513/cjd.2026.7938.2151

Abstract

The expansion of blockchain technology and the growing use of smart contracts have posed novel challenges to contract law. One of the most significant challenges concerns the manner ... Read More

Research Article

An Analytical Study of the Dimensions of Family Justice through Assessing the Degree of Conformity of Judicial Divorce Rulings with Jurisprudential Teachings

Nematollah Firoozi; Mahdi kohansal; shayan Raeis; Amirhossein Abolhasani

Articles in Press, Accepted Manuscript, Available Online from 20 April 2026

https://doi.org/10.30513/cjd.2026.7955.2154

Abstract

A critical dimension in adjudicating family disputes is the accurate understanding of the issue and issuing judgments accordingly. This study aims to answer the question: “To ... Read More

Research Article

Article 1168 of the Iranian Civil Code; Jurisprudential-Legal Analysis with Emphasis on the Balance of Parents' Rights and Duties in Custody

Hojjatollah دهقانی

Articles in Press, Accepted Manuscript, Available Online from 20 April 2026

https://doi.org/10.30513/cjd.2026.7676.2125

Abstract

The jurisprudential-legal study of Article 1168 of the Iranian Civil Code, which considers child custody to be both a “right” and a “duty” of parents, demonstrates ... Read More

Research Article

Analyzing the nature and permissibility of third-party security in civil actions (Comparative study with Imamiyyah jurisprudence)

Mohammad jaber Ghanbari; hasan moatamedi

Articles in Press, Accepted Manuscript, Available Online from 21 April 2026

https://doi.org/10.30513/cjd.2026.8010.2164

Abstract

In many cases of civil proceedings, the legislator has accepted the taking of suitable security from the plaintiff (such as the applicant for a temporary order), the objector (such ... Read More

Research Article

The Scope of Children’s Medical Maintenance in Imami Jurisprudence and Iranian Law, with Emphasis on Cosmetic Surgeries

حمید حمیدیان; vadieh tahmasb pour

Articles in Press, Accepted Manuscript, Available Online from 26 April 2026

https://doi.org/10.30513/cjd.2026.8014.2166

Abstract

Child maintenance in Imami jurisprudence and the Iranian legal system is a protective institution aimed at meeting the child’s essential needs. Although the Civil Code specifies ... Read More

Review Article

A study of the theoretical foundations and legal effects of forced contracts after the disappearance of forced contracts in Imami jurisprudence.

Mohammad Hossein Parsi Mood; Reza sarabi

Articles in Press, Accepted Manuscript, Available Online from 03 May 2026

https://doi.org/10.30513/cjd.2026.7724.2133

Abstract

One of the fundamental pillars of the validity of transactions in Imamiyyah jurisprudence is the existence of free will and full consent of the contracting parties at the time of concluding ... Read More

Research Article

Analysis of the jurisprudential and legal foundations of the civil liability of religious preachers resulting from errors in expressing religious rulings

Seyed Mahdi jokar; Fatemeh alizadeh; najmeh zakikhani

Articles in Press, Accepted Manuscript, Available Online from 04 May 2026

https://doi.org/10.30513/cjd.2026.7599.2117

Abstract

One of the most important matters of propaganda is the correct propagation of religious rulings. However, sometimes this category faces challenges, the most important of which is the ... Read More

Research Article

The foundations of contract suspension based on comparetive aproach of Imam Khomeini and Ayatollah Khoei

milad rohampour; seyede maryam asadinezhad

Articles in Press, Accepted Manuscript, Available Online from 23 May 2026

https://doi.org/10.30513/cjd.2026.7898.2147

Abstract

Some jurists have not considered the conditioned contract valid because it is dependent on a possible external matter and lacks certainty, and have considered it to be a condition for ... Read More

Research Article

Feasibility Study of the Validity of Endowment (Waqf) on Animals through Critiquing the Condition of the Beneficiary's Eligibility for Ownership

Ali Hoseinifar

Articles in Press, Accepted Manuscript, Available Online from 09 June 2026

https://doi.org/10.30513/cjd.2026.2345

Abstract

Waqf has significant capacity to address emerging human needs. A well-known condition for its validity in Imami jurisprudence is the beneficiary's eligibility for ownership, which has ... Read More

Review Article

A Jurisprudential Analysis of the Role of the Principle of Precaution (Asl al-Iḥtiyāṭ) in Accepting or Rejecting Parentage Resulting from Assisted Reproductive Technologies.

Zahra Rasti; Negin Jahanfar; Negin Ahmadkhani

Articles in Press, Accepted Manuscript, Available Online from 16 June 2026

https://doi.org/10.30513/cjd.2026.7909.2162

Abstract

Significant advances in assisted reproductive technologies especially the use of donated gametes have created deep and complex challenges in Shi‘i jurisprudential reasoning and ... Read More

Research Article

Determining and Interpreting Intent in the Metaverse: A Comparative Analysis of the Doctrinal Foundations of Imami Jurisprudence and U.S. Law

Mohammad Mahdi Varposhti Borujeni; Morteza Askari; Mahdi Miri

Articles in Press, Accepted Manuscript, Available Online from 20 June 2026

https://doi.org/10.30513/cjd.2026.7968.2158

Abstract

This study adopts an analytical comparative approach to examine the formation and verification of intent in metaverse contracts under the foundations of Imami jurisprudence and United ... Read More

Research Article

Examining the Conditions of the Possibility of the Wife's Reversion for Ransom in the Divorces of Khula and Mubarat

Fatemeh Karimi Kenari; Seyed Hasan Hoseini Moghadam; Mohammad Farzanegan

Articles in Press, Accepted Manuscript, Available Online from 15 July 2026

https://doi.org/10.30513/cjd.2026.8100.2174

Abstract

Reversion is a legal act that has many significance and effects in relation to a dissolved and final marriage. Reversion is essentially a unilateral that occurs with one will and allows ... Read More

Research Article

A Jurisprudential and Legal Feasibility Study of a Brand as Mahr (Dower)

fatemeh alizadeh; Ardavan Arzhang; mamsour habibi pour

Articles in Press, Accepted Manuscript, Available Online from 15 July 2026

https://doi.org/10.30513/cjd.2026.8148.2182

Abstract

This research investigates the jurisprudential-legal feasibility of stipulating a brand as mahr (dowry) in Imami jurisprudence and Iranian law. Given economic developments and the status ... Read More

Research Article

Re-examining the concept of foolishness and its types in jurisprudence

zohre Hajian forushani; mohammad reza hamidi; reza molaei asl

Articles in Press, Accepted Manuscript, Available Online from 15 July 2026

https://doi.org/10.30513/cjd.2026.8178.2188

Abstract

According to the accepted rule of ownership, in principle, a person has control over his property and possessions and can have all kinds of possessions in them; however, the legal and ... Read More

Research Article

A reflection on the necessity of appointing a trustworthy guardian after the death of some executors in testamentary guardianship

sedigheh hatami

Articles in Press, Accepted Manuscript, Available Online from 19 July 2026

https://doi.org/10.30513/cjd.2026.8123.2178

Abstract

Testamentary will is one of the significant legal and jurisprudential institutions whose implementation requires the appointment of an executor or multiple executors. One of the complex ... Read More

Research Article

The Application of the Rule of Dominion in the Guardian Council's Legislative Decisions: A Manifestation of the Transition toward Governmental Jurisprudence

سید ابوالقاسم حسینی زیدی; s r

Articles in Press, Accepted Manuscript, Available Online from 27 July 2026

https://doi.org/10.30513/cjd.2026.7849.2145

Abstract

قاعده سلطنت به عنوان یکی از قواعد مسلم فقهی، علاوه بر حوزه معاملات، در عرصه تقنین و نظارت شرعی نیز از ... Read More

Research Article

Rereading the rational argument in the jurisprudential foundations of takfir

mahdi arefinia

Articles in Press, Accepted Manuscript, Available Online from 27 July 2026

https://doi.org/10.30513/cjd.2026.7606.2119

Abstract

AbstractTakfir, as one of the complex issues of Islamic jurisprudence, has become a tool for division and violence in contemporary times due to the misuse of rational reasons. This ... Read More

Volume 18 (2026)

Volume 17 (2025)

Volume 16 (2024)

Volume 15 (2023)

Volume 14 (2022)

Volume 13 (2021)

Volume 12 (2020)

Volume 11 (2018-2019)

Volume 10 (2017-2018)

Volume 9 (2016-2017)

Volume 8 (2015-2016)

Volume 7 (2014-2015)

Volume 6 (2013-2014)

Volume 5 (2012-2013)

Volume 4 (2011-2012)

Volume 3 (2010-2011)

Volume 2 (2009-2010)

Volume 1 (2008-2009)

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