By studying some case studies, this article shows how the works of Spanish jurists from 17th and 18th centuries were used in 19th century, both Britain also overseas British Atlantic (from Washington to California, passing through Florida), solve judicial conflicts about land exploitation. The reader will see what extent unexpected sources law intertwined into daily practice North American cour...

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...

according to the free will principle, man is responsible for his actions and will be punished accordingly. therefore, acting against the law of shari’a in islam leads to punishment and in islamic jurisprudence there are prefixed punishments for many crimes called “hadd”. but there are some elements like repentance that extinguish “hadd”, so that the criminal will be forgiven and excused. concen...

sometimes disagreement in regards to reading a qur’ānic verse has resulted in a paradoxical judgment and this occurs in traditions, as well. but the way in which one can consider paradoxical verses arises from the so-called ‘alājīyah traditions. the question that arises here is as follows: can the rules presented by these evidences be also extended to the paradoxical readings? if so, what are t...

the question has long been asked whether the meat of animals not purified in accordance with islamic law and thus considered ‘dead’ can be sold to non-muslims who do not adhere to islamic legal purification. can the profits of such a trade be earned and enjoyed, or will it be unlawful and prohibited? in fact, selling ‘the dead’ in terms of their non-food advantages, whether to muslims or unbeli...

annulment is one of the institutions of contract cancellation in shiite jurisprudence and law. one of the primary questions about every phenomenon is the question of the nature and character. although traditionally shiite jurists have held comparative and critical approaches toward the common views of sunni jurists about the nature of annulment, they have not typically looked at the nature of c...

recognition of the accurate concept of rafḍ (heresy), its characteristics, and its precise and fair definitions is of high importance, especially given that the sunnī jurists have stipulated critical consequences and rulings such as blasphemy on rāfiḍī. entering into the field of jurisprudential discourse, this article analyzes various opinions on the concept of rāfiḍī and the most significant ...

in this article a part of the amendment to the iranian civil law, i.e. amendment to article 946, ratified in bahman/february 1378/1999, is analyzed from the legal point of view. this article, according to which a significant change has taken place in the way the wife inherits from her husband and the civil law has distanced from the views of the renowned majority of the shī‘a jurists and has ap...

It is well known that certain Islamic Jurists and Scholars like Imam Bukari, Imam Muslim, and Imam Tirmizi, did exhaustive research to collect the sayings and traditions of our beloved Prophet PBUH. They then presented their collected works as 'Al Hadith' of the Prophet to the populace. Not only were these authenticated, as to their degree of authenticity, but each of the witnesses, or the chai...