From Islamic point of view, a family is the most essential element of a society that is shaped through marriage of a wife and a husband. However, in some cases, separation is the last option for each of a married couple. A divorce is the most hated legal act. The jurists and lawyers believe that it is the right of a husband to get divorce as is expressly mentioned in the article 1133 of Iranian civil law following Fiqh. In this direction, many husbands abuse the right of divorce given to them. For this reason, having a right of divorce for wives is a vital issue. The Fiqh and law are designed measures by which give right to a wife to get divorce and limit the husband's absolute right. This measure is called the terms of marriage contract. According to article 1119 of civil law, a married couple can include any term in a marriage contract if it is not inconsistent with the contract. Given the article, wives can ask for their husbands the delegation of divorce right. This study deals with both Fiqh and law principles of such terms. The results obtained from this research shows the permit of delegation of divorce to a wife is a controversial matter. It comes from the conflicted Hadiths. Some Hadiths confirm such a delegation to a wife, whereas the others do not. In the Imamate Fiqh there is a minority who believe in the delegation but also there is a majority who not confirm the divorce delegation and treated it as a dissimulation. Following the majority. Iranian positive law denies giving permit to a wife to get divorce. This study concludes that a wife must not be permitted to ask for a divorce and it is not acceptable. Fiqh authorities also deny it, but they allow the absolute attorneyship term in a divorce by relying on the Hadiths. It seems that absolute attorneyship can be replaced by the term of divorce delegation. This research also deals with abuse of husbands from having a divorce right and gives some solution to cope with it.

 In both fiqh and Iranian law, stoning to death is a punishment for the married women. In the recent years, the administration of such punishment is criticized by both international and national public opinions and there are a lot of controversies over it in the human rights institutions, international circles, even inside of country to stop executing this sentence. With investigations carried out by the present thesis, it is found that: stoning to death sentence is not adapted directly by Quran and there are so many documented Hadiths that have obvious implications. It should be noted that the rape committed by married women might lead to stoning to death punishment if it is proved with extremely hard conditions. The predication of such capital punishment is due to preventative measures, because the range of corruptions associated with the rape, in particular the rape committed by married women, influences the aspects of life such as mundane and the beyond, material and spiritual, individual and social. Much of disagreement with the sentence results from unawareness of what, why and how it is executed. The sufficient conditions for executing the sentence are so hardly realized that there is little possibility to prove it actually. The conditions for stoning to death punishment are in such a way that they can predict the legitimate excuses not to execute the sentence. By reflection, it is revealed that Islamic judgement is not inconsistent with human rights any way. The dispute over this sentence is resulting from different worldviews and anthropological attitudes. Nevertheless, since the time and place play a vital role in such a punishment and in the current situation the punishment may damage the Islam and Muslims reputation, in the present law, to protect the Islam the stoning to death converted to execution.

: the Sharia purposes means the God objectives for lawfulness of credit and practical orders. The Islamic Sharia is purposive and its rules having goals and causes. The religious texts are divided into the indicative of order and of purposes and causes. The reason is the rationalists' intelligence, expression of Quran and Haiths texts through proof of Sharia purposes. The term of Sharia purposes is popular among Sunna and some books from earliest up to now have described it in detail. But, the Shiite texts have little written about it due to the kind of sources and religious jurisprudence (Ijtihad) structure as well as historic circumstances. In the Shite texts the term of wisdom has been mostly mentioned. The Sharia purposes and the texts expressing it in Imamate Figh may not be treated as an independent source and they mainly considered as interpretation of the religious texts. However, the Sunna apply the Sharia purposes and the interest based on Sad zarraa, Istehsan , deduction, valid interests as a document of religious order. There are people using unsuitably the Sharia purposes may sustain a harmful impact on Islamic Sharia. The present study aims to represent the role of Islamic Sharia purposes in orders inference and to determine the rules of purposive Islamic jurisprudence. It is an analytical- descriptive research which its data and information were obtained from books and articles and analyzed comparatively between Imamates and Sunna.

 Akhbari had spreed significant with Alfavayedolmadanieh book written by Mohammad Amin Astarabadi in the elevent century and it could be to dominate on the most Shia areas and to isolate priest about two centuries . In this book he has tolden all of his ideas about juris prudence ,principles of juris prudence and ijtihad . in this priede, priests tried to respd Akhbari’s problems with them essay.Vahid Behbahani migrated to Karbala formed the studies zone and canflicted with Akhbaries . Finally he could defeact it by discussining and writing book.
One of the important books is Alfavayedolhaeriat .It contains them answers to the Akhbari’s problems . So two mention beeks repel with eaeh other .The goal of this trietise is to study the opinions of two Shia’s scientist and to match these opinions with each other .Eight tapic heads are mentianed in the trietise : including right counting validity of the hadith books, authority of suspicion, ijtihad and taqlied, consensus, conflict arguments and texts, praetical principles, the authority of the Quran and the time delog expression of need .
AstarAbadi refuse the ijtihad and its current dedaction methads. He just relieson Shia hadiths . But ijtihad idea is necessary and anowable
Behbahani has known the ijtihad is necessary and anowable

 Today, the damages sustaining to people as a result of interrelationship is not limited to the material damages, rather tangible damages such as spiritual harms and destroying of personal, family reputation are of importance. The requirement of compensation for tangible damages is evident and generally accepted and all the legal systems around the globe are in agreement for compensation of tangible damage. However, about the intangible damages, in spite of its importance and increasingly occurring, there are yet doubts whether they must be compensated or not. Ambiguities in Fiqh sources as well as the statements of the regulatory bodies such as Iran Judicial High Council Commission in November 1983, for being illegitimacy of claiming for intangible damages, has caused controversy on the claims and compensation. But, the reason proves that compensation for the intangible damages is as necessary as the tangible ones. Also, the question is: how should we admit the claim for intangible damages is not lawful while the Islam emphasizes on protection of human respect and credit.
The aim of present study, performed through comparative-analytical method, is to remove the ambiguities in the law and present solutions for protecting the spiritual rights of the people and by analyzing the legitimacy of tangible damages and the ways of their compensations through reviewing the legally binding laws especially the amended criminal procedure and constitution as well as civil responsibility and its comparison with lawful criteria and jurisprudence rule like no-loss rule, OSROHARAJ, vanity and loss and wisdom, it is concluded that the intangible damages are claimable. But, in the jurisprudence texts, the way of compensation has not been predicated and Islamic punishments, executions and payment of Di'ya are only cases of compensation for intangible damages. However, the other cases of damages remain uncompensated. But, in the legal texts, there are solutions to compensate such damages like requirement for apologizing, rehabilitation and the like.

The problem of delay in payment is among subjects discussed in the field of jurisprudence and law and due to abundant developments have given rise to different legal states from jurisprudence and legal authorities point.
Everyone committee to an affair and not standing by their own commitment in the due time in case this delay causes damage to the warrantee obliged to compensate for damage.
If this commitment is the currency, the legislative has coinded the delay in payment term and has put it under certain conditions.
On the one hand, to ensuring economic order in the world today, without considering delay penalty and on the other hand, the doubt of being unlawfulness of the penalty and requirements of the regulations in compliance with the scared religion according to forth principle of the constitution of the Islamic Republic Iran require further investigation about the issue.
The legal system of fine delay payment is divided into two phases after the Islamic revolution in the first phase (up to 1376), the payment of delay declared illegal and therefore unlawful by the Guardian Council jurists accordingly the courts were prohibited from decree issuance in practice.
In the second phase (from 1375), fine delay payment gained legal entity after the enactment of the Expediency Council with a little variation in the principle.
Finding the right solution to eliminate the problem and other executive problems will make the , non-usury banking more efficient than before .
The proposed solutions, in addition to being practical should be lawful in terms of jurisprudence and Islam law.
In the last few decades, people on charge of banking system in Iran, the Guardian Council and thinkers have tried to solve the to the problems by approval of some bills. This is in this way that those people in debt, in case of delay in payment, must pay some money as fine to the bank according to the commitment made.
In the present study as such topics have been touched: at first the topic, in general is discussed , then definitions and concepts related to delay in payment (fines) have been discussed.
In third chapter agreeing, disagreeing and jurisprudents and against their thoughts jurisprudents principles regarding the delay in payment are pointed to. After that pre and post Islamic revolutionary laws dealing with delay in payment are discussed. At the end, the conclusion and some recommendation have been rendered.

 

Today, the realization of legal security is the most important needs and human rights of citizens. Judicial security is caused the trust and confidence of citizens in their communities and provides growth and development of communities and the absence or weakness of it is caused disturbance in the economic and political order and with the escalation of the situation, social and political structures are threatened. Also the legal security of each country depends on the multiple functions of state institutions, especially the judiciary and proper functioning of the judiciary and justice in all parts of the country , provide security and freedom . The most important elements and the legal security element are the- rule of law means respect and commitment regime officials in society , Judicial independence means that the Judiciary and Justice judgment without any outside influence and pressure acted own duties, Fair trial while protecting people against illegal trials and guarantee the legal rights of individuals ,provided legal security. The recognition of the legal rights of the accused and the complainant and the importance of its relationship with judicial security is one of the most important objectives. Rights as an attorney and free legal consultation with an attorney for a person to be recognized and the moratorium extended and more than before, the accused and the plaintiff's legal security on the new rules considered. The thesis is that Iranian law and jurisprudence regarding the legal security of individuals assessed . and things that guarantee citizens' rights such as the presumption of innocence for the accused and the person being punished and Equality under the law , the principle of openness of judicial proceedings and trials, as well as the rules on security of the accused and the complainant in the investigation and preliminary investigation is examined

 Abstract
religious jurisprudence principles are a set of knowledge wich present
different methods to inference and understand religious jurispundence
commandments , appropriately one of the most important issues of this
knowledge is words subject that not anly better understanding words
And sentences , but aslo method ofinferncing commandment from
different words and sentences correctlyare studied : now , since Islamic
laws knowledge is based on a series of religious jurisprudence and non
– relingius jurisprudence , its necessary that some rules of religious
jurisprunce methods knowledge are applid to inference the regulations
of this knowledge for this reason , the present book is considered to
express u sing ane of words subjects named concepts , and its
indicatiam and validity limits is in law texets . concepts are : agreeable
concept , and disagreeing concept . regarding disagreeing cocept subject
, we concern sentences conditioned to different restraints . and this
question is arised: do the conditional sentences which by their
correspondence infring render a meaning to addresse , can they render
ane ther meaning by implicit infring too ? in other words , by cesing
to exist a conditional sentence restcaintin arde sentence is legislators
commandment class ceased to be validor not ? and aslo , in agreeable
concept subject ,in addition to spoken words all the more in lequlity and
similarty , can we attribute legislator, ane ther command by implicit infe
ring and belive that a sentence has an other meaning or not ? that if it
proved , it can be said that a sentence has an agreeable or equlity
meaning. to answer thes above questions , considering this issus is
important that does religious juriusprudence command ments have
some ddfferences whit legel(law)texetsor not ? and if it does in what
cases . and does this differ ence in potential leading for setences or lack
of it in conditioned sentences and other ,sentences have some effects
of not ? most ulma of shiah methodsbelive that sentences limited to
condition are exception in spit of previsions can have a cancep with
implicit inferring and aslo , a sentence may have another meoning with
agreeable concept due to priorityand by lack of valid indications,
sentences conditioned to descrtion restraints , frgure , title have no
concept and meaning and in addition senteces don’t have any equality
meaning due to similarity in their meaning becase anology is invalid
to shiah, but in law text , sentencesconditioned to description limits
152

might by have a meaning due to a difference in structure, record and
coffication and even , legislators purposes , and aslo, equality and
figure conepts are valid according to cases dueto more indications in
subjects regulation ,its abvious that with lack of valid indicatins we cant
rely on sentnces implicit inferring and we can anly satisfy with words
spoken inferring in last chapter ofthis book the possibility of spoken
allocation is studied by this cancepr in this section , below question is
arised : does implicit of acceptedmean allocating ano ther commen
sentence by thiat sentence or not ? in other words , can we do allocation
by the meaning og the sentence like words spoken ?
For this reason the problem is categoried to some groups and writer
not anoly investingating different examples but also, accepts some
of these allocation cases with some reasons

The term orientalism was first used in 1779 in England and in the same year it was used in France with the particular concept of “the knowledge of understanding the Orient”.
Islamology is one of specialist branches of orientalism. The issue of orientalists’ motivations has a special place in the Western Islamic studies. Islamic jurisprudence is one of the points of interest for orientalists. In the second half of the 20th century specialisation of Oriental and Islamic studies laid the foundation for writing and codification of the Leyden Islamic Encyclopedia. Amongst views expressed in jurisprudence and Ijtihad portals of this encyclopedia are the application of conjecture in colloquial definition of Ijtihad and comparison of Ijtihad with analogy, difference on the issue of denigration and ratification and acceptance of inter-religion Ijtihad which is a kind of Ijtihad common to the Orthodox Islam, also, it has been claimed of Shafee that he has formulated deduction of legal science from its sources which can be claimed that he has only added to what others have already registered. Authenticity of Islamic jurisprudence has been one of the most important conflicting issues among orientalists. Their idea is that the Islamic legal system is taken from the Jewish and Roman sources. They have recognized the common instances in between these legal systems as reasons for this adaptation, whilst examining various instances has shown that Ebadi laws and Islamic legal and criminal decrees have substantive differences with the Jewish and roman laws.
 

Competition law as a set of rules governing competition and economic agents which attempt to seize or retain part of the market is an important part of the economic rights. Competition law has given the governments an effective influence to take a control on the economic environment.
This field of legal science which is under development in developed countries has begun its first step in our country by enacting the , "Amendment of Law of the Fourth Economic, Social and Cultural Rights and the General Policies of Article 44 of the constitution of the Islamic Republic of Iran" .
According to aforementioned above, this research has intended to examine the necessity of competition law, its Islamic legal basis (Faqah), and the role of government in the competitive economic to analyzing this part of the law with the aim of appearing its advantage and disadvantage by which helping the government authorities..
This inquiry has been done on the basis of the library studying and has been attempted to be presented a comprehensive study with relying on the books, papers, theses, sites and related softwares with research by other country's laws.
The result of this inquiry is comprehensive studying and presenting of Islamic jurisprudence which has a relationship with competition law by comparison with local and international laws.
 

Abstract:
Considering a new legal analysis that describes the condition of the power to enforce the obligation as regards commitment, not as description a of committed person, it Can be said that obligation to pay a huge dowries due to lack of authority on its implementation by the committed porson has it's the criticism, It can not own problems to be considered void. In both laws and Shariah there is not minimum and maximum level but the parties are subject to compromise. Jurisprudents and lawyers have not adopted the same approach concerning a posittion the toward a dowries. To Some say; bills have intrinsic value and trust husband, Thus the criterion of the amount determined in marriage contract know, in contrast, some people The bills non-essential and credit value that has the same purchasing power a familiar; And therefore the necessity sentence the calendar days are converted to dowries. In the following, the close relationship of with the discussion the problem of money, are wxplainde due to the nature of money and its history.
 

 The imitation is an expression in Jurisprudence of Islam that means a person has to follow a jurist in practical provisions of the faith. In any period, there are people who are not able to perceive lawful orders from evidence and its sources. However, they possess a science of certainty that undertake the tasks to relieve their obligations. Therefore, since rise of Prophet Mohammad and in subsequent periods, the common practice is that the people must consult a scholar: imitation. In the presence of infallibles, it practiced as narratively. To extract the orders from Quran and traditions, the jurists had to pronounce a judgment only within the texts. But during absent period and absence of infallibles and facing with sophisticated narrated problems, it was required to perceive the problems more than before. Thus, the reason and rational reasoning came into scene and people begin to imitate. In contrast, the are people who have not accepted an imitation of orders and obligate the Fegh for people. In the present study, the stages of evolvement of imitation over Islamic Fegh periods as well as historical development of sub-problems of imitation are presented. The purpose of the present research is to examine the imitation and its development since rise of Islam through present time and use of reason in the whole periods and development of imitation along with that of an approach to Fegh and its contingencies in various Islamic society periods and to state the reasons of imitation over history of Islam. The method used in this research is a library one and using the Fegh books and sources

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