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A Study on the Religious Percept of Removing Goods from the Place of Safe Custody while under Hypnosis ????? ???, ??? ????; ???? ????, ??? ?????; ??????, ????
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.938 KB) | DOI: 10.22067/jfu.v51i1.47052

Abstract

A requirement of Hadd theft on which there is consensus, in addition to the requirement that the stolen goods are kept in a place of safe custody, is that the thief, alone or with another?s participation, removes the goods from the place of safe custody. One of the most important doubtful instances of removing the goods is theft while under hypnosis. The authors, after analyzing the criterion of removing the goods from the place of safe custody, have concluded that, in certain instances, it applies to the hypnotist's act, i.e. where they have the capacity that the act of removing the goods from the place of safe custody is attributed to them and their act is an example of contributory removal. In some other instances, the Hadd of imputation is executed against the hypnotized person i.e. where they have the capacity that the act of removing the good from the place of safe custody is attributed to them. If there is doubt whether removal from the place of safe custody has taken place, although there is dubiety concerning concept and over the least and the most of one thing, given Mohammad Ibn Muslim's  sahiha (authentic) tradition,  the requirements of removing the good from the place of safe custody, as well as the requirement that the goods are kept in a place of safe custody, are included in the concept of theft and accordingly, the theft verse loses its generality and may not be invoked. Therefore, in such case, due to astonishment and wander, by invoking the requirement of Dar rule (no Hadd is executed in case of dubiety), Hadd of imputation is not executed against the thief.
Analysis of the Requirements of the Absoluteness of Contract Regarding the Performance Time from the Perspective of Imamia Jurisprudence, Iranian Law and Egyptian Law ??????, ????; ???? ????, ??????
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.401 KB) | DOI: 10.22067/jfu.v51i1.59088

Abstract

???? ????? ??????? ??????? ?????? ???? ?? ???? ? ?????????? ?? ???? ???? ???? ? ????? ??? ?? ?? ??? «?????? ???????» ??? ????? ??? ???. ?? ???? ??? ??? ? ???? ? ????? ?? ????? ?????? ???? ???? ?? ??? ?? ????? ???? ?? ???? ????? ?????? ???????? ???. ???????? ?? ????? ?? ???????? ???? ????? ?? ?????? ?? ????? ????? ???? ?????? ???? ????? ???????? ?? ????? ?? ??? ???? ???? ?? ???? ???? ???? ????? ??? ??? ? ?? ????? ?? ???? ????? ?? ??? ??????? ????? ? ????? ???? ????? ?????? ?? ???? ?? ??? ? ???? ???? ????? ????? ???? ???? ??? ? ?? ??? ??? ????? ???? ??? ????? ??? ?? ????? ???? ??????? ?? ??? ??????? ????. ?? ????? ???? ????? ??? ?? ??? ???? ?? ?????? ?? ???? ?? ? ??? ????? ????? ?? ??? ??? ?? ????? ?? ???? ??? ? ??? ???? ????? ? ?? ??? ??? ?? ?????? ?? ???? ??? ????? ???? ????? ????? ?? ??????? ????. ????? ???? ??? ? ?????????? ???? ??? ?? ??? ??? ???? ??????? ?????. ?? ??? ???? ????? ??? ??????? ?? ??? ??? ? ??? ????? ????? ?? ??? ????? ??? ?????? ???. ?????? ???? ????? ??? ??????? ?? ?? ??? ?????? ? ?????? ???? ??? ???? ? ??? ????????? ????? ??? ????? ??? ?? ???? ?? ???? ???? ??? ?? ?? ?????? ??? ???.
The Legal Addresses Theory; a New Horizon in Analyzing the Nature of Religious Ruling ??????, ????; ?????, ????
??? ? ???? ???? 51 ????? 2: ????? ????? ??7? ??????????8
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.289 KB) | DOI: 10.22067/jfu.v51i1.62036

Abstract

?????? ????? ?? ????? ????? ?????? ?????? ? ????? ?????? ???? ?? ?? ?????????. ????? ?????? ??????? ????? ???? ???? ?? ????? ????? ??? ???? ????? ? ?????? ?? ??????? ???? ?? ????? ????? ? ???? ?? ?? ??? ???? ???? ??? ????? ???? ?????? ???????? ???? ?? ?? ??? ?????? ???? ???????? ?? ????? ?????? ???? ?? ??? ?? ??? ? ????? ???? ????????. ?? ???? ????? ???? ?? ????? ?????? ??????? ??? ????? ????? ??????? ??????? ???? ?? ?? ??? ? ???? ??? ????? ? ????? ???? ???? ?????? ???? ??????? ????? ??????.
THE STIPULATION OF “RETURN OF THE ENDOWMENT OBJECT TO THE DONOR’S PROPERTY IN CASE OF NEED” AS A RESOLUTORY CONDITION IN THE ENDOWMENT CONTRACT A JURISPRUDENTIAL AND LEGAL STUDY دوره51 شماره4 سال1398 ?????, ??? ????; ?????, ???? ???; ??????, ????; ?????, ????
??? ? ???? ???? 51 ????? 4: ????? ????? ??9? ?????????8
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.198 KB) | DOI: 10.22067/jfu.v51i4.65641

Abstract

Different opinions have been presented regarding the validity or invalidity of an endowment in which the donor incorporates a condition under which in case of need, the endowment object returns to his property. The opponents of validity of this act either consider it void ab initio or believe that such act is in fact a surrender of property not endowment; since in any situation, endowment must be perpetual and the condition that the object returns to the donor contradicts the essential character of endowment and is against the requirements of endowment contract. The third category consider the endowment and the condition as valid. The origin of all of the above said theories is the issue of ?requirement of perpetuity in endowment contract? and the possibility of incorporating a resolutory condition therein. The present research, after studying the current jurisprudential opinions in this connection and accepting the theory of non-requirement of perpetuity in endowment, has proven the correctness of ?the validity of endowment on condition that the endowment object returns to the donor's property in case of need? and by examining the concept of resolutory condition in law has considered it as applicable to the condition incorporated in endowment contract and the authors believe that based on the theory accepted in Islamic jurisprudence, it is permitted to incorporate a resolutory condition in the endowment contract and  the condition of return of the object to the donor in case of need is its most obvious instance.
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