Jurisprudence and philosophical studies: 1 (1)

Open Access Article

1 - Jurisprudential and Judicial Explanation of Arbitration in Islam and Its Comparison with Arbitration in the West (France)
Mansour Safari Moghadam Amir Mullah Mohammad Ali Mahmoud Ghaumzadeh

The purpose of the present research is the comparative study of arbitration in Islamic jurisprudence versus arbitration in the west (France). In Islamic jurisprudence, the institution of arbitration is raised with reference to jurisprudential sources (the Qur'an, tradit More

The purpose of the present research is the comparative study of arbitration in Islamic jurisprudence versus arbitration in the west (France). In Islamic jurisprudence, the institution of arbitration is raised with reference to jurisprudential sources (the Qur'an, tradition, consensus, and reason). The research method is descriptive-analytic and the results indicated that the concept of judgment in the current legal order corresponds with the concept of arbitrator in jurisprudence. Muslim lawyers hold that the system of Islamic judgment and trial has comprehensively been able to create logical and fundamental methods in terms of all human acts and behaviors by making accurate laws based on human nature whereas the judicial system of the West does not act in this way. The philosophy of arbitration in Islamic religion and law and its correspondence with the western and international (French) law is that this civil law should be able to effectively solve conflicts and personal, national, and international enmity in the light of mutual satisfaction of those who are beneficiary in a deal, convention, or even family without any official ceremony, mere trial, legal and judicial force, or spending a long time. The results substantiated from this legal act are considered as the included conditions in an agreement.      Manuscript profile

Open Access Article

2 - Religious Rituals and Credits and Their Role in Human Perfection
Mehrdad Hasanbaygi Mohammad Kazem Forghani

The purpose of the present study is to review the effect of obedience to religion in human perfection. For the wise men, religious acts and rituals have an inner truth in addition to their apparent and credential face. The inner truth of religious credits builds up the More

The purpose of the present study is to review the effect of obedience to religion in human perfection. For the wise men, religious acts and rituals have an inner truth in addition to their apparent and credential face. The inner truth of religious credits builds up the identity of the human soul and facilitates spiritual perfection. All the credits conducted in religion rely on a true basis and have objective consequences. Using a descriptive-analytic method, it was revealed that obedience to religion is the only way to reach spiritual perfection. Religious rites are not separated from truth and spirituality. Therefore, humans can observe the inner soul of their acts in this world. Humans can achieve divine truth based on how much they are committed to religion. Manuscript profile

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3 - Jurisprudential and Legal Peace in Permission Contracts
Saeed Delavar Seyed Mahdi Mirdadashi Ebrahim Delshad

The purpose of the present study is jurisprudential and legal analysis of peace in terms of permission contracts. The research method is descriptive-analytic and the results indicate that the subject of peace contract is limited to “acquisition”, “tran More

The purpose of the present study is jurisprudential and legal analysis of peace in terms of permission contracts. The research method is descriptive-analytic and the results indicate that the subject of peace contract is limited to “acquisition”, “transfer”, and “waiver” and that the extent of primary peace is with respect to the unlimited nature of contract (the contracted). Estimating the effect and benefit of peace on acquisition, transfer, and forfeiture excludes permissible permission contracts from the scope of primary peace and the argument of necessity of peace in terms of conflict with the nature of permission is also resolved. In feasibility study of making a contract in terms of advocacy permission, deposit, and borrowing, it is proved that peace in terms of deposit is not feasible due to the likely changes in the nature of deposit. If peace in terms of borrowing is held, its origin brings usufruct right for the borrower. Peace in terms of advocacy is feasible only if it creates a right or jurisprudential obligation for one who makes peace with the attorney, in addition to granting proxy. In other words, peace in terms of advocacy is a compound contract which its main effect is acquisition (transfer) and its supplementary effect is granting representation and permission. From the view of situational effect, the resulted right addresses the property of peace. Manuscript profile

Open Access Article

4 - Mechanisms of influence of cultural and social factors on the determination of jurisprudence
Mahmood Mansouri Hossein Azhdarizadeh Mohammadhossein Pouryani

The present study was conducted with the aim of investigating the mechanisms of the influence of cultural and social factors on the determination of jurisprudence by a descriptive-analytical method. In fact, this research seeks to answer the question that what are the m More

The present study was conducted with the aim of investigating the mechanisms of the influence of cultural and social factors on the determination of jurisprudence by a descriptive-analytical method. In fact, this research seeks to answer the question that what are the mechanisms of the influence of cultural and social factors on jurisprudence? Since the rulings of the Holy Sharia are legislated according to the real interests and evils, the question that is often noticed and repeated is that according to the belief of Muslims in the immortality of Islamic rulings and the immutability of the rules and sanctities established by the hand of the Prophet Dear Islam, how and with what mechanism do new cultural and social factors affect the determination of jurisprudence in line with the dynamics of Islamic jurisprudence and in order to respond to the needs of the day The results of this study showed that cultural and social factors are effective in determining jurisprudence in the three areas of changing the actual ruling, changing the apparent ruling, and changing the government ruling with different mechanisms. In the field of changing the real rulings, cultural and social factors by creating a change in the subject of the ruling, the precedent of the ruling, the property of the ruling or the property of the ruling, as well as the deterioration of the cause of the ruling, as well as creating a change in the importance of the ruling and the occurrence of conflict between two rulings in the position of compliance, in the change of the real ruling and They affect its determination In the apparent rulings, cultural and social factors by creating a change in the appearance of the jurisprudential reason, making the case or seasonality of the ruling appear, discovering the governmental nature of the ruling, making the reason of the ruling appear to be high-ranking, and changing the meaning by paying attention to the normal or rational means of the meaning, change these rulings. They cause In governmental rulings, cultural and social factors influence the determination of jurisprudence by changing the importance of divine laws, interests, and public order through the ruling jurist. Manuscript profile

Open Access Article

5 - Jurisprudential and legal review of the bill of the Comprehensive Arbitration Law and the UNCITRAL Model Law
Majid Panahbar Mansour Atashaneh Ali Reza Rajabzadeh

The purpose of this study is the jurisprudential and legal review of the bill of the Comprehensive Arbitration Law and the UNCITRAL Model Law. The research method will be descriptive-analytical and the collection method will be library. Iran's International Commercial A More

The purpose of this study is the jurisprudential and legal review of the bill of the Comprehensive Arbitration Law and the UNCITRAL Model Law. The research method will be descriptive-analytical and the collection method will be library. Iran's International Commercial Arbitration Law is undoubtedly an important step forward in the legislative process on arbitration in our country, and along with the provisions of the Code of Civil Procedure, the Iranian arbitration system towards a more complete and acceptable system from the point of view of criteria. And advance international standards. Following the enactment of the International Commercial Arbitration Law, arbitration can lead Iran to grant more freedom to arbitration parties in the selection of arbitration rules and procedures, resulting in less interference by domestic courts in the process. Modeling the UNCITRAL Model Arbitration Law in drafting and approving the new law will cause investors and Iranian foreign trade parties to be afraid of referring disputes to arbitration in Iranian authorities without fear or for fear of facing unexpected rulings from Iran's domestic courts. Do not be willing to accept it in their growing contracts with the Iranian parties in the coming years. On the other hand, despite all the benefits of transparency in investment judgments, especially for the public, it can also be detrimental to the parties to the dispute, especially the investor. Increasing costs and prolonging the review process are among the most important concerns of investors. In addition, transparency is in clear conflict with the commercial principles of arbitration, such as the agreement of arbitration and its important principles of privacy and confidentiality. Therefore, in applying the rules of transparency, it should be treated in such a way that both interests are combined and the principles and rules governing arbitration proceedings are not violated under the pretext of guaranteeing collective rights and interests. Manuscript profile

Open Access Article

6 - The wife's right to refuse to obey despite her knowledge of the husband's insolvency at the time of marriage
Fatemeh Maleki babhavizi Esmat al-Sadat Tabatabaei Lotfi Nasrin Karimi

The right of detainment in marriage refers to the wife’s right to refrain from the first intercourse before receiving her dowry. This is a specific right for women in jurisprudence and law. Currently, due to the prevalence of heavy dowries, the exercise of this ri More

The right of detainment in marriage refers to the wife’s right to refrain from the first intercourse before receiving her dowry. This is a specific right for women in jurisprudence and law. Currently, due to the prevalence of heavy dowries, the exercise of this right caused problems in establishing family institution. The purpose of present research is to analyze this right, considering the current conditions of the society and prevailing culture in the matter of dowry. The main question of the research is how the husband's poverty affects the wife's right of refusal, when she is aware of his insolvency. by examining the opinions of jurists and applying rules of jurisprudence to the problem, which has been done in a descriptive-analytical way, it has been concluded that in the case of husband’s poverty, due to the rules of harmlessness, negation of harm, excuse of loyalty and also the rule of action, this right can be revoked. In addition, in heavy dowries, when the parties are unaware from meaning of the phrase “on demand”, it seems the payment should be postponed until it is affordable. Anticipating and completing laws in this area can prevent problems in the matter of dowry. Manuscript profile

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