فصلنامه مطالعات میان رشته ای فقه: 1 (10)

Open Access Article

1 - Explain the dimensions and components of the position of intellectual property rights in the system of public international law
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam Moradi

The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the More

The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and Manuscript profile

Open Access Article

2 - "Feasibility of obtaining a guarantee for non-satisfied interests in corrupt contracts In Iranian Law and Imami Jurisprudence"
Alireza Mohammadbeyki hoseein asadzadeh Meisam jamali

Although the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid con More

Although the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid contract. There is no doubt about the requirement of recovering or substituting a property usurped or delivered by an invalid contract. Also, there is little doubt about the guarantee for the received benefits. But, regarding the fact that whether it is feasible for the unused benefits to be realized or not, we see a diversity of comments, i.e., we see that the law falls silent about these issues, and there is a diversity of jurisprudential rules along with lack of comprehensiveness of subjects, therefore, the necessity of the present research becomes justified. Thus, by descriptive-analytical methods, the present research tried to review and analyze the jurisprudents´ and lawyers´ positions regarding realization of unused benefits claims in an invalid contract. The results showed that the issue in Islamic jurisprudence has been a disputed issue since the past, although, by adducing evidences such as the rule of presumption of possession, consensus, and rule of equality of rules received for an invalid contract with usurped institution, accepting the rule of liability for unused benefits in an invalid contract seems to be reasonable; moreover, from the legal perspective, although civil code provides no expressed rule on unused benefits in invalid contracts, by correct interpretation of the available rules, it can be ruled for liability for unused benefits. Manuscript profile

Open Access Article

3 - Economic solutions to compensate for flood damage from the perspective of jurisprudence
Reyhaneh sadat hosseini zahmatkesh majid vaziri

Natural hazards adversely affect human life, property and activities and lead to disaster. Types of these hazards and disasters such as earthquakes, volcanoes, droughts, floods and so on. Considering the practical effect of jurisprudential rules in the Iranian legal sys More

Natural hazards adversely affect human life, property and activities and lead to disaster. Types of these hazards and disasters such as earthquakes, volcanoes, droughts, floods and so on. Considering the practical effect of jurisprudential rules in the Iranian legal system and in the current practice of the judicial system, we can use the effectiveness of these principles and jurisprudential rules to prevent damage to natural disasters and criminalize and enactment of restrictive laws in this area, pointed out that in addition to helping the legislature, it is able to solve many problems in the courts, reduce the volume of accumulated cases and provide significant legal services to society.It is also possible to use the research results in different stages of planning, the necessary laws for the implementation of these natural hazards in the country's management organization, which plays a useful and fruitful role in reducing the damage caused by natural hazards, including floods. The present article is a descriptive-analytical description that, after describing and explaining the jurisprudential foundations of natural crisis and damages .Also the method of gathering information is based on the document method, which analyzes and examines information by referring to sources, articles, authoritative sites and books written in this field. Also, in this article, we reached the conclusion that according to our point of view which is the overall economics of flood damage prevention based on the characteristics of hypothetical developments and modeling results are usually not applied on a jurisprudential basis, estimating non-market benefits such as beauty and open space, along with recreational values and other benefits that may is to be created for the residents, one of the serious challenges is in environmental economic evaluation. Manuscript profile

Open Access Article

4 - A survey of the judge knowledge from a jurisprudential and legal point of view
Alireza Mahdavi Hossein Ahmari Mostafa Rajaipour

Judging is a subject that received special attention from the perspective of society and scholars of jurisprudence and law. Therefore, in the governance structure, it is deemed as one of the fundamental axes of justice administration. Therefore, the judge is assumed to More

Judging is a subject that received special attention from the perspective of society and scholars of jurisprudence and law. Therefore, in the governance structure, it is deemed as one of the fundamental axes of justice administration. Therefore, the judge is assumed to be the center of justice. In all legal systems, judging, the judge and the judiciary have a special place, but the one who upholds these axes, mete out justice and execute the law is the judge and the justice is dispensed by prudent and fair judges. Hence, the analysis of justice and judge knowledge, one of the primary goals of this research, is of particular importance at the present time. This paper attempts to explore judge knowledge because knowledge is the prelude to the proper administration of justice. The results of this research suggest that judging is a serious matter, and that among the qualities and traits of a judge, the factors of his knowledge and ijtihad are of paramount importance. Now the question raised is that, “Should the judge be a scholar?” “Should the judge's knowledge be limited to ijtihad?” It seems that if ijtihad is seen as essential for a judge, then how will the urgent demand for a judge and the absence of a mujtahid in the current judicial system be solved? And what are the characteristic traits of a mujtahid judge? In light of the questions raised, the present research, which was conducted using document analysis and library study, in form of a jurisprudential and legal review of the knowledge and ijtihad of the judges, sets out to answer the said questions. Manuscript profile

Open Access Article

5 - Jurisprudence and existing banking laws viewpoint on allocating resources in Iranian banks
Reza Azad andish Abbas Ali Heidari Mahmoud Qayyumzadeh

This study attempted to investigate the allocation of resources in Iranian banks from the perspective of Islamic jurisprudence and existing banking laws through a descriptive and analytical method by referring to the relevant reference books and taking notes from the re More

This study attempted to investigate the allocation of resources in Iranian banks from the perspective of Islamic jurisprudence and existing banking laws through a descriptive and analytical method by referring to the relevant reference books and taking notes from the relevant articles and dissertations.The findings of the study indicate that the mere approval of the law on usury (interest)-free banking operations (approved in 1983) in Iran and its approval by the Guardian Council is not tantamount to the approval of Islamic jurisprudence of the establishment of usury (interest)-free banking system in Iran, but the establishment of such a system in the operational sectors, especially in the sector providing facilities in the country's banks, requires the compliance of the banking system with Islamic jurisprudence and jurisprudential rules.The author concludes that there are jurisprudential and legal problems in the current process of applying the law on usury (interest)-free banking operations to contracts and facility agreements of banks, which in practice guides the course of the country's banking system to what is used in usurious banking. Further, the harms such as usury, tricks of usury, colorable transaction, fictitious contracts, lack of supervision of banks on correct use of facilities and lack of knowledge and information of the customers and even many officials and employees of banks about banking contracts, etc., prevent the application of the aforementioned law to the country's banking operations and establishment of optimal methods of allocation and distribution of bank resources at various levels of society and economic prosperity. Accordingly, the author, inspired by the idees of the experts of banking jurisprudence, has sought to eliminate the listed harms by proposing the compliance of existing contracts with jurisprudential rules and the use of new contracts by the banks for resource allocation. Manuscript profile

Open Access Article

6 - The Status of Social Expediency in the Theory of Guardianship of Islamic Jurist
leila samadzadeh khameneh ebrahim yaghouti seyed abolghasem naghibi

Expediency plays a fundamental role in the legislation of religious precepts and Religious edicts have been legalized considering expediencies and corruptions. As government orders are directed in providing social expediencies, they are of special status. Expediency has More

Expediency plays a fundamental role in the legislation of religious precepts and Religious edicts have been legalized considering expediencies and corruptions. As government orders are directed in providing social expediencies, they are of special status. Expediency has played a valuable role in actuality of the guardianship of Islamic jurist and they are in a close relationship. Various authorities entitled to the sharia ruler facilitated compatibility of Islam with emerging needs. Governing social affairs requires decisions not limited to secondary sharia rules, and the ruler issues orders and precepts different from the original ones of which expediency and corruption are found by the guardian of Islamic jurist who is also the ruler of society. The present research aimed at explaining the status of expediency in the theory of guardianship of Islamic jurist. Through analyzing the role of expediency in the theory of guardianship of Islamic jurist, the present work tried to review the basics and the main foundation of the issued rules by the guardian of Islamic jurist, and the tools for access to social expediencies. Manuscript profile

Open Access Article

7 - The Elements of Individual and Social Happiness from Islamic Standpoint and in Social and Psychological Theories
Javad Atabaki Maryam tooski Farhad Imam Juma

Happiness is among human emotions with its diverse aspects and manifestations of individual, social, psychological, physical, and cognitive-emotional. The basic problem with research and policymaking in happiness in its individual and social aspects is that happiness in More

Happiness is among human emotions with its diverse aspects and manifestations of individual, social, psychological, physical, and cognitive-emotional. The basic problem with research and policymaking in happiness in its individual and social aspects is that happiness in Iran is based on western theories. Therefore, the present research explored and reviewed the elements of happiness from Islamic culture standpoint and, by comparing them with those in social and psychological theories, it explained its primacy and superiority. In general, in Islamic standpoint, happiness is a factor that leads to soul expansion and openness; but, the touchstone for this soul expansion, unlike what is said in schools of thoughts, is fortification of human relationship and connecting ring with God. Therefore, commendable happiness is differentiated from reprehensible happiness in Islamic teachings. Islam has considered different dimensions in developing happiness including life style, spiritual, emotional, social, and cognitive. Manuscript profile

Open Access Article

8 - International and Iranian policies on defective goods and compensation
faranak moazen Ahmad Shams Seyed Mojtaba Mirdamadi Ahad Bagherzadeh

Political and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating pr More

Political and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating process of concluding numerous contracts in the creation, production and consumption. Is. ﺎ ، . In Iranian law and international documents, the scope of customer rights arising from the sale of defective goods can be imagined in two parts: And its mechanisms and in international documents are referred to as non-compliance of goods and defects and related mechanisms. 2. The actual methods of compensation, which raises the possibility of providing damages resulting from the loss of a favorable contractual position both in order to fulfill the obligation and its termination. Basically, in the case of ﻣ In the 1980 Convention on the Elimination of All Forms of Discrimination against Women and the principles of European contract law, in addition to providing for mechanisms to relieve the customer of an unfavorable contractual situation, there is no need to go back. However, in Iranian law this scope is more limited and there is no explicit text regarding the compensation and assignment of damages resulting from the loss of a favorable contractual position; Also, this difference in compensation methods is such that the methods provided in international documents are more diverse, up-to-date and more purposeful than the mostly traditional methods of compensation in Iranian law. Manuscript profile

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