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List of Articles
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Open Access Article
1 - Insurability of the loss Cossed by the State of the Art from the perspective of Islamic law and jurisprudence
Hadi Aghapour hosein bieghi mokhtar NeamAbstractThe emergence of new and emerging risks and the resulting damages caused by these risks have made the insurance industry face various challenges. One of these existing risks that is unknown and covers a wide range of issues is the risk of the development of scie MoreAbstractThe emergence of new and emerging risks and the resulting damages caused by these risks have made the insurance industry face various challenges. One of these existing risks that is unknown and covers a wide range of issues is the risk of the development of science and technology as possible. In the field of production and supply of goods, there are risks that the current human knowledge is unable to recognize, but with the progress of science, the defects and dangers of the said goods can be discovered, these risks cause huge and sometimes irreparable financial and physical losses due to Failure to predict such risks in Iran's legal system has practically kept the method of compensating the mentioned damages silent and is part of the challenging issues in the field of civil liability, which is appropriate for the legislature to include the damages caused by development risks under insurance coverage.Therefore, the current research aims to support production and knowledge-based companies and restore the economic system and by using the experiences of other existing legal systems in the field of covering damages caused by the described risks in an analytical and descriptive manner using library tools and relying on applications. And jurisprudential generality and the use of legal capacities intend to emphasize the insurability of damages caused by the risk of science and technology development. Manuscript profile -
Open Access Article
2 - A refection on the punishment of insulting the Prophet of Islam and his Family
Adel AsgharpourTolouieThe Islamic system is bound to the personality of the prophet of Islam; therefore, the punishment of a person who insults him is due to the reason that he insults Islam and Muslims and acts against the essentials of religion. However, from the view point of law, there s MoreThe Islamic system is bound to the personality of the prophet of Islam; therefore, the punishment of a person who insults him is due to the reason that he insults Islam and Muslims and acts against the essentials of religion. However, from the view point of law, there should be a specific intention to insult to sanctities.The punishment of insulting other prophets is the same as insulting the prophet of Islam, according to some jurists who believe that the insulter should be whipped while others believe that this kind of insult leads to apostasy. Furthermore, the reference of the word “prophet” is ambiguous both in legal and jurisprudence texts and it is not clear whether this word refers to arch prophets and the 26 prophets who have been mentioned in holy book of Quran or it refers to those prophets whose names have been mentioned in historical books.Insulting immaculate Imams and her majesty (Hazrat) Zahra, peace be upon her, also leads to punishing the insulter just the same as insulting the prophet.The question which arises here is that if this punishment is fixed under any circumstance even if it may lead to sedition.The present paper looks at insulting the prophet of Islam and his family with an analytic-descriptive approach and it has been concluded that if this kind of punishment leads to sedition and the fear of killing the person who performs the order, it is not voidable. Manuscript profile -
Open Access Article
3 - Studies of Islamic jurisprudence and Islamic system based on Islamic standards and the Constitution of the Islamic Republic of Iran
reza asghari davood ghasemi ali babaei mehrThe study of the standards of the Islamic religion shows that it was not limited to the Prophet Khatam's mission and later; Rather, he presented a system from the beginning of Adam's life.The majority of Iranians changed the government to the Islamic Republic in support MoreThe study of the standards of the Islamic religion shows that it was not limited to the Prophet Khatam's mission and later; Rather, he presented a system from the beginning of Adam's life.The majority of Iranians changed the government to the Islamic Republic in support of the referendum of the Islamic Republic on 10/11/1358 AH and the ratification of the constitution adopted on 24/8/1358 AH. There have been discussions about reforming the system based on Islamic standards; some of the rules of jurisprudence are hidden or not enforced in the constitution, such as the place of Islamic medicine in systematization as a substitute for health and medical care under Directives 2301 /. 116, dated 9/2/1377 and 11415/13 dated 23/6/1377, prohibited physicians from performing cupping in the offices and led to a complaint against the Shari'ah and the constitution based on the 55th verse of the Holy Quran and the fifth principle of this law. نامه According to Letter No. 1647/21/80 dated 5/4/1380 Dear Secretary (Commentary dated 3/4/1380): The jurists of the Guardian Council: Mhhay banned bloodletting has pointed out that doing was illegal. "Circulars in judgments No. 118 dated 17/4/1380 General Board of Administrative Justice Court was falsified. In this paper, a descriptive-analytical method is used to measure the quantity and quality of people's and theocratic view of government. Manuscript profile -
Open Access Article
4 - Manifestations of the conflict of qassama with the principle of innocence in the islamic law and the feasibility of adjusting the guarantee of its implementation in the light of scientific and jurisprudential evidence.
valiollah ansari soleyman jadidi saray kiyoumars DarnaklaCompurgation is one of the ways of proving of crime or presumption of innocence that is referred in the case of realization of contamination or lack of other evidence. Strong suspicion contamination is obtained for the judge (court) regarding the truth of the claimant's MoreCompurgation is one of the ways of proving of crime or presumption of innocence that is referred in the case of realization of contamination or lack of other evidence. Strong suspicion contamination is obtained for the judge (court) regarding the truth of the claimant's claim. Compurgation decree is not mentioned in Holy Quran and it is based on the narrations and hadiths and its philosophy in Islam is protecting the people blood and maintaining public discipline for prevention of murdering and blood loss. The majority of Imami and public jurists believe that compurgation is establishment decree in Islam. There are different opinions among jurisprudents on the scope of inclusion and it's proving power so that Imami jurists believe in compurgation as the reason for proving crime (intentional or non-intentional) or crime on organs for presumption of retribution or blood money or innocence of the criminal. On the other hand, the presumption of innocent is one of the fundamental principles of Islam and common law that according to it, innocent of the criminal is assumed and the accused has no duty to provide reason for proving being innocent and the judge shall prove the reasons for accusations without any reasonable doubts. Regarding compurgation that its prerequisite is contamination, there manifestations of conflicts in some features of compurgation in Islamic jurisprudent and punishment law such as manner of proving compurgation and the origin of it, proving contamination and manner of proving the kinship and etc. with presumption of innocence. Manuscript profile -
Open Access Article
5 - The legal juridical examining of issuing check to representation and the resulting responsibility in securing the place of check
Seyed Mohsen Jalali afsaneh Khakshoor gharagegheh mohammad ali saeediAbstractA check is a commercial, valid and legal document with a certain amount by the bank, which, as a religious document, indicates that the issuer owes the amount of the check.Due to the difference of opinion among jurists regarding the nature of the check, they are MoreAbstractA check is a commercial, valid and legal document with a certain amount by the bank, which, as a religious document, indicates that the issuer owes the amount of the check.Due to the difference of opinion among jurists regarding the nature of the check, they are known for being draftThe conclusion of this research, which has been compiled by descriptive-analytical method based on library data and content analysis, is that the validity of the issuance of a check by a legal representative depends on its completion within the scope of delegation authority and legitimacy to issue it.in provision 19 and waver 2& 3 of provision 5 The law of check Issue amendment approved 97 considers the liability of exporters as a guarantee, that its reason can be considered in the protection of the rights of the creditor in the event of insolvency or bankruptcy or escape of one of the exporters.Although in the jurisprudence of Imamiyyah and civil law, the theory of quotation of acquittance prevails for joint and several liability, but in the jurisprudence of general jurisprudence and the law of commerce, the theory of quotation of acquittance ofaddition prevails for the joint and liability.The novelty of this article is liability of the account holder and the legal representative to the holder of the check as a global commercial document based on jurisprudence and the law in question.Keywords: Check, Remittance, Representation, Securities, Liability Manuscript profile -
Open Access Article
6 - Legal aspects of the method of financial supervision of Islamic city councils on municipalities In a comparative approach with the French local administrative system
farhad rahimpour mohammad mazharipolicy making and management are not possible without people participation and employing new methods of management . city council is one of the institutions that with the presence of representatives of citizens , will provide public participation in policing and urban m Morepolicy making and management are not possible without people participation and employing new methods of management . city council is one of the institutions that with the presence of representatives of citizens , will provide public participation in policing and urban management . in the constitution and relevant ordinary laws , the local councils have an important role in the administrative system of the country . in the supervisory system of iran , councils as a legislative authority for supervising engineers and should design the metropolitan police and supervise the implementation of the council . financial monitoring of city councils can be considered as an effective tool in urban management . for the effectiveness of the financial system , regular dissemination of information , financial transparency , disclosure of operational aspects of programs and projects and its links with financial resources and monitoring measures will be effective and necessary . councils in the french local administrative system play an important role in financial monitoring and economic development . in addition to judicial and administrative oversight , the major monitoring system that takes place on the local authority system in france is supervised by the financial and financial supervision of the public commune . the purpose of this paper is to answer the following question : what is the optimal pattern of financial supervision of city councils in iran and france ? what are the effective bottlenecks in the inefficiency and effectiveness of council supervision ? Manuscript profile -
Open Access Article
7 - Theoretical and practical cases of Islamization of accounting science with the theory of accounting jurisprudence
ali matin Mikael Jamalpour Ibrahim Navidi Abbaspour akbar kanani Heydar Mohammadzadeh SaltaConsidering that accounting jurisprudence is a new and important subject, this article is written with the aim of examining the jurisprudential model and Islamic ethics of accounting and its development from an Islamic point of view, and the research method is qualitati MoreConsidering that accounting jurisprudence is a new and important subject, this article is written with the aim of examining the jurisprudential model and Islamic ethics of accounting and its development from an Islamic point of view, and the research method is qualitative through the method of content analysis focusing on the verses of the Holy Quran and Jurisprudence and moral issues have been done. By posing this main question of the research, has the current accounting with national and international standards in terms of methodology, followed the correct path for the purpose of Islamic development? This research states that all the needs of growth and perfection are present in the religion of Islam, and only divine guidance can provide the means for their proper flourishing and guide them to the desired destination. Among the results of the research, we can point out the lack of research activities in the field of accounting jurisprudence and the lack of application of research methodology in terms of such things as sources used, validity and reliability, research method, society and sample of researches, in order to develop Islamic accounting. And this general conclusion was reached that all the problems are related to non-adherence to Islamic methods and methods in contrast to the strategies and methods of induction of international organizations. The basic strategy to get rid of these problems is to know the basics of Islam and social scientific movement to achieve scientific and practical results in this field (accounting jurisprudence). Manuscript profile -
Open Access Article
8 - The nature of requiring a weapon in the realization of war from the perspective of Islamic penal jurisprudence
Mohamadebrahim MojahedAbstract:Rethinking the nature of the requirement of weapons is one of the most basic conditions for the realization of war, according to Mahesh, it is an inevitable necessity. What is meant by weapon? And what are its variables? It is a question that the present resear MoreAbstract:Rethinking the nature of the requirement of weapons is one of the most basic conditions for the realization of war, according to Mahesh, it is an inevitable necessity. What is meant by weapon? And what are its variables? It is a question that the present research tries to answer by descriptive and comparative analytical method. There is a difference of opinion among them in exploring the sayings of jurists. Some fatwas do not consider the publication of the weapon as a condition, and some believe that following the Qur'an, the use of the weapon and even the akhafa are not included in the title of Muharibeh. Some have considered carrying weapons or equipping them as part of war; As mentioned in Jawahar and Tahrir al-Wasilah. Some fatwas are clear about the application, and the absence of the condition of carrying weapons, but the sufficiency of just using force. The statement about the truth of the weapon, and the lack of difference between the tools, is up to others. As a result of the research, it was found that the weapon has a general concept. It is not limited to a specific type. The fact is that the weapon is always changing and perfecting according to the change of time and place. The criterion for its recognition is the truth of custom and prevailing conditions. The meaning of weapon is anything that can cause public fear. However, public awareness is important in any way it can be. Manuscript profile -
Open Access Article
9 - Priority of the leap of production in the sources of Imami jurisprudence
Ebrahim Mahmoodzadeh rahim vakilzade Reza RanjbarIn Islam economy, achieving a leap in production in all fields requires effective methods and strategies, which will not be possible without practical adherence to the principles of the Qur'an, tradition and the observance of priorities in production; Therefore, any ste MoreIn Islam economy, achieving a leap in production in all fields requires effective methods and strategies, which will not be possible without practical adherence to the principles of the Qur'an, tradition and the observance of priorities in production; Therefore, any step to improve the economic situation and the emergence of change and overtaking in it, compared to the past can be considered as steps towards excellence in production and improving the productivity of various sectors of society, public welfare and upgrading the system and the country. The purpose of this study is to extract the basics of production leap based on verses and hadiths and explain the criteria and use them to encourage producers to adhere to these principles and their practical application by economic planners, due to cultural support in society and their wide acceptance; Which can be a good guarantee for better success of programs. The research method in this study is descriptive-analytical based on collecting information from sources, valid documents, written opinions of jurists and thinkers. Research findings indicate that in the Holy Quran and hadiths, in addition to expressing the importance and emphasis on the basics and prioritization of productive activities, practical ways to accelerate the use of production factors and natural gifts, agriculture, industry and trade for Achieving the economic progress of individuals and communities, presented; And by encouraging observance of the findings, a leap in production in the economy can be achieved. Manuscript profile -
Open Access Article
10 - The criterion of violation of width and the way of protection against it in terms of Imamiyyah jurisprudence and Iranian laws
majid najafiAbstractDignity is used in two meanings in legal rules and regulations. The first meaning is the general meaning, which consists of repairing and compensating the damage caused by the lost dignity of a person. The second meaning is about the owner of a legal establishme MoreAbstractDignity is used in two meanings in legal rules and regulations. The first meaning is the general meaning, which consists of repairing and compensating the damage caused by the lost dignity of a person. The second meaning is about the owner of a legal establishment, which aims to express the legislator's respect for a person who has endured the sentence of the criminal and has shown that he is ready to enter the society by expressing decent behavior. It is a logical and rational rule that does not conflict with the constitution and the holy Sharia law and prevents the occurrence and repetition of crimes and encourages criminals to improve themselves. This institution originates from the principles and foundations of legal jurisprudence, which according to the ruling rules, should be searched for in valuable and unique institutions such as repentance and the rule of Jab.Key words: dignity, breadth, compensation methods, Imami jurisprudence. Manuscript profile -
Open Access Article
11 - Necessities of fulfilling the condition during the contract in case of dissolution of the main contract in Imami jurisprudence with an approach based on the opinion of Imam Khomeini
MAHMOUD VAHDAT yaghoub pourjamal Reza RanjbarUndoubtedly, conventional transactions, contracts and agreements in society from the time of human life to the present have been accompanied by a condition or conditions that have. had a special effect, value and validity for the parties from a material and spiritual po MoreUndoubtedly, conventional transactions, contracts and agreements in society from the time of human life to the present have been accompanied by a condition or conditions that have. had a special effect, value and validity for the parties from a material and spiritual position However, regarding the relationship between the contract and the condition, from the well-known point of view of Imami jurists, the condition is subject to the contract and has no independent credit nature. On the other hand, there are cases in which the condition follows .the contract only in terms of creation and can exist independently in terms of survival Therefore, from this perspective and with the idea of separation of condition, dependent condition and condition independent of contract with reliance on existing principles such as Quranic verses, hadiths and special narrations in this chapter, as well as Imam Khomeini's capacity theory, the principle of free will and agreement of the parties , The prevailing custom in society and other principles that have been addressed in this article; In certain cases, it is possible to believe in the independence and survival of the condition and the need to fulfill it despite the invalidity and invalidity of the contract. It has, from a jurisprudential and legal point of view, an exception to the rule of absolute compliance with the condition of the contract in its occurrence and survival Manuscript profile
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