Civil Jurisprudence Doctrines

Relation and Connection between Jurisprudence and Law in the Legal System of Iran

Dr. Seyyed Abulghasem Naghibi

Volume 2, Issue 2 , January 2009, Pages 3-20

Abstract

T he science of jurisprudence is a branch of Islamic sciences and law is an important branch of humanities. The position of these two sciences in the legal ... Read More T he science of jurisprudence is a branch of Islamic sciences and law is an important branch of humanities. The position of these two sciences in the legal system of Iran require that the ground of their collaboration in interdisciplinary study is to be presented and the substantial and historical relationship of these two sciences to be studied. In this research the important grounds of relation and connection of these tow sciences mainly nature, subject, problems, aim, foundation, scope, division of the subjects and the method have been discussed generally and briefly and has been emphasized on the methodology of the collaboration of these tow sciences. Jurisprudence based on the theological foundations and grounds guides legal rules to the tradition, moral and religious manners. Law also with regarding to the new subjects and presenting new information from old subjects can provide searching and efficiency of the jurisprudence. Depending on the logic of understanding of the propositions of Quran and tradition and tools and methods that the science of methodology of jurisprudence make available for jurists, jurisprudence can provides the deepest analyses for the rules that dominate on the social and economical relations and has influenced on the law in considering and analyzing the rules that dominate on the social relations with respect to the particular method and the logic and provide a ground for lawyer to use logical and methodological expression. Law also has provided the jurists with its methodological gains in the area of common legislation for changing the religious ideas and propositions to legal ideas and propositions and in the area of formal results of legal procedure in order to obtain a gradual perfection in different areas in a methodological collaboration. It is in this process that the legal system of Iran obtains its own originality and desirable efficiency. Key words: Law, Jurisprudence, Logic of law, Methodology of jurisprudence, Subject, Problems, Aims, Foundations, Relations.

Reverence and Paying Respect to Divine Rites in the Mirror of Islamic Jurisprudence

Dr. Morteza Rahimi

Volume 2, Issue 2 , January 2009, Pages 21-44

Abstract

T he plural word “Shaaer” (rites) is derived from the singular “shaerah” or “shear” and the meaning of sign and mark is hidden in it. This ... Read More

Expediency and Its Position in Islamic Government

Dr. Alireza Saberiyan

Volume 2, Issue 2 , January 2009, Pages 73-106

Abstract

E xpediency has a fundamental role in ordinance of religious orders and religious orders follow the interests and the corruptions in their subjects. The reason in itself is ... Read More

Examining the Hadith of “Al-sultan wliyo man la wliya lah”

Seyyed Jafar Alavi Gonabadi

Volume 2, Issue 2 , January 2009, Pages 107-122

Abstract

T the hadith of “Al-sultan wliyo man la wliya lah” is regarded as a reason in the discussion of the guardianship of Islamic jurisprudence. This ... Read More

Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price

Zinat Jafari Fesharaki

Volume 2, Issue 2 , January 2009, Pages 123-142

Abstract

I n 1376 a Note is added to the article of 1082 of civil law that can be called the plan for the adjustment of marriage portion. Since the legislation is formed ... Read More

Considering the Rule of “Jabb” (Redressing) (Islam redresses what is happened before and repentance compensates what is happened before)

Seyyed Muhammad Anvar Alavi

Volume 2, Issue 2 , January 2009, Pages 143-168

Abstract

W hen God descends a new religion for the people or when some people follow a religion, one of the main problems for these people after their acceptance is ... Read More

Civil Jurisprudence Doctrines

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Volume & Issue: Volume 2, Issue 2, January 2009, Pages 1-180

Relation and Connection between Jurisprudence and Law in the Legal System of Iran

Abstract

Reverence and Paying Respect to Divine Rites in the Mirror of Islamic Jurisprudence

Abstract

Expediency and Its Position in Islamic Government

Abstract

Examining the Hadith of “Al-sultan wliyo man la wliya lah”

Abstract

Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price

Abstract

Considering the Rule of “Jabb” (Redressing) (Islam redresses what is happened before and repentance compensates what is happened before)

Abstract