Abstract Ius quod necessitas constituit, Senatusconsultum est. Jacques Cujas and the foundation of normative power Roman Senate . Jacqes identifies in his Paratitla, Observationes extensively texts posthumously collected lectures, necessity to be source Senate. In doing so, he revisited, rectified refined achievements medieval jurists, connected literary legal sources with philological precisio...

supreme jurists have focused on sixth verse of sura tobeh to legitimize refuge in islam and assigned it to unbelievers. however, deliberating on other verses of holy quran, traditions and juristically regulations we can justify new issues which haven’t mentioned by supreme jurists. referring to the juridical books and various interpretations of holy quran to develop the concept of refuge this e...

one of the traditions relied on by shī‘a jurists in jurisprudence and especially in the discourse on judgment and testimonies is the tradition or the story of imam ‘alī’s (a.s.) lost coat of mail. the coat of mail being found in the market while it had been put on sale by someone, the imam’s going to the judge, filing a lawsuit against that person, and providing evident proofs in the court hear...

the crises sometimes cause a man(zawj) to become absent so that no news have been received from him. shiite and sunnite religions have two opinions about the situation of the wife(zawjah) of the continuously absent person: patience until his life or death becomes clear, and waiting four months and ten days(ieddeh of death) after waiting for a determined period. shiite jurists, in condition that...

abstract in zoroastrian law, there are several indications that denote to the temporary marriage as a legal institution and this can be compared to one law in imami jurisprudence. sunni and imami jurists differ on the continued legitimacy of the temporary marriage which the former believes it to be continued. temporary marriage is legitimate in the opinion of imami jurists and it has certain co...

Islamic medical jurisprudence, which is the subjectconcemed with the application of Islamic laws to the area of medicine, has never been discussed as an independent field of jurisprudence, although several selected topics, especially those concerning food and beverages, sexuality, death, wounds and injuries, and doctor-patient relations have been more discussed than others. The results of a...

Political thought in Islamic history is of great importance, as this helps to identify the morals and qualities that kings or sultans must possess, also studying issues related political authority role jurists issuing fatwas on these issues, their advice rulers same era whom they served. The importance study highlighted by fact it examines one leading scholars Maliki school thought. He Imam Al-...

one of the duties of the husband in marriage is to pay alimony. in this regard, the shiite scholars disagree in some areas, for example, in case of high treatment costs, if the cost of treatment is very significant, the scholars do not agree on whether the husband should pay or not. accordingly, in this paper, the ideas of jurists and lawyers in this regard seem to be that the man should pay an...

Abstract Especially in antiquity, rivers would both consist of a great resource, and they exert fearsome destructive power— vis cui resisti non potest , as Roman jurists used to assert. To prevent the risk floods, Romans not only carry out important public works, but also establish technical-juridical rules induce private individuals communities take care problem. Those were partly drawn up doc...