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Open Access Article
1 - The legal status of children out of wedlock in Iranian law and Imami jurisprudence
esmat savadi mahboub ghorbaniChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are dee MoreChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are deemed legitimate, like the children born after mistaken intercourse, they shall enjoy the rights appertaining to the legal and legitimate children. But in case they are deemed illegitimate children, like those who are born through adultery, their lineage shall be considered unlawful and illegitimate according to the legal view. Following the Emamieh jurisprudence, as mentioned in article 1167 of the Civil Code of the Islamic Republic of Iran, a child born through adultery shall not belong to the adulterer. This concept means that the law overlooks the natural descent of the illegitimate child, as well as the legal effects of the relationship such as guardianship, custody, maintenance, and legacy. So the rights and duties laid down in the law for the children shall only include the legitimate children. Now this fundamental question arises that where the illegitimate children stand in our legal system and who is responsible for their financial and non-financial rights? This thesis investigates the children born out of the marital relationship as well as their rights and it aims at proposing appropriate suggestions in concert with the equality of the rights of the children in question with those born in a marital relationship. Key Words: Legal Status, Children born through adultery, Left infant, Children born after mistaken intercourse, Children born after artificial insemination, Law of Islamic Republic of Iran, Emamieh Jurisprudence Manuscript profile -
Open Access Article
2 - The Chronology of the Attention of Imāmi Scholars to al-Qāḍī Nuʿmān’s Works (with Emphasis on Pre-Safavīd Era)
Mohammad Afi KhorasaniIn order to be able to know more exactly the position of a writer and his works in a religion, it is worth examining various parallels. Among these parallels, one of the most important is the study of the Chronology of the attention of the scholars of that religion to t MoreIn order to be able to know more exactly the position of a writer and his works in a religion, it is worth examining various parallels. Among these parallels, one of the most important is the study of the Chronology of the attention of the scholars of that religion to the author and his works. al-Qāḍī Nuʿmān al-Maghribi (d. 363 AH) is one of the greatest Ismaili jurist and some of whose books has drawn the attention of Imami scholars in recent centuries. Although his books have officially entered the field of Imamiyya since the Safavid period, but some believe that before this period, Imamis scholars have paid much attention to his works, which can be important evidence in proving the reliability of his books to the Imamis. In order to answer this question, this article intends to examine the ups and downs of the attention of Imami scholars to the books of al-Qāḍī Nuʿmān throughout history, especially in the pre-Safavid era, and in this way, it makes the position of his works clearer among them. Manuscript profile -
Open Access Article
3 - The First Critical Movement of Shiite Hadith
Mohammad Forqan GoharCritical approach of authenticity of a hadith (narration) based on specific criterion, received little attention by "Shia". It might be due to the lack of knowledge about this method during the time of the Imams (a.s) however, one can identify the first movement to look MoreCritical approach of authenticity of a hadith (narration) based on specific criterion, received little attention by "Shia". It might be due to the lack of knowledge about this method during the time of the Imams (a.s) however, one can identify the first movement to look at the written-hadith heritage using critical approach in the Shi’i Imams era. In this research, we are going to analyze the causality and the manner in which this critical movement of Shiite hadith appeared and its procedure in dealing with narrations. And also we will examine the way in which this movement interacted with the traditions through the historical-narrative method.” Identifying Ghulat (extreme exaggerators) and their role in the Shiite written heritage is the most important achievement of this critical movement. The most valuable outcome of this movement is the compilation of books which criticizing the narrators and text, the gathering of authentic Ahadith and spreading the culture of exposing Ahadith to the Imams and comparing with Quran and Sunnah. Manuscript profile -
Open Access Article
4 - Imamate and Genealogical Legitimacy: Imāmīyyah, Zaidīyyah and Mu'tazilah Controversy
Mohammad AhmadimaneshThe following article is a continuation of another article about genealogical legitimacy and its effect on the theory of Imamate. While in the previous article, the inconsistencies between the pre-Islamic genealogical culture of the Arabs and the issue of the tran MoreThe following article is a continuation of another article about genealogical legitimacy and its effect on the theory of Imamate. While in the previous article, the inconsistencies between the pre-Islamic genealogical culture of the Arabs and the issue of the transfer of the Imamate of Ali and his descendants were investigated, in this article, the difference between the Imāmīyyah and the Zaidīyyah in the genealogical explanation of the Imamate in the period of the third to fifth century A.H. will be analyzed. It shows that those two groups, in an attempt to explain the chain of imams with a coherent theory, put forward different understandings of the genealogical legitimacy, and based on it, when interpreting the important texts of the Ḥadith of Ṯhaqlayn and the verse of Taṭhīr, as well as the story of Mubāhilah, presented various definitions of the genealogical terms Ahl al-Bayt and 'Itrat". Regarding the mixing of Mu'tazila with Shiites and their participation in these discussions, the opinion of Qāzī 'Abdul Jabbār Mu'tazilī has also been examined. Finally, it can be said that while in the general attitude of Zaidīyyah, the mechanism of inheritance was accepted based on the concept of Zurrīyyah as the basis of genealogical legitimacy, Imāmīyyah In order to explain the chain of imams, which usually but not always followed the paternal mechanism, also use the criteria of virtue and Naṣṣ. Manuscript profile -
Open Access Article
5 - A Study on the Decline of ZaydÊ School of Thought and Government in Northern Ir§n
Sayyed Mohammad Sadeqi Sangdehi Mostafa Moallemi Sayyed AliAkbar Abbaspour AbbaspoorZaydÊ thought and government appeared in Gīlān and Ṭabaristān from the third century AH. Although this phenomenon became the origin of fundamental changes in the Islamic world, it did not last long and soon external and internal challenges surrounded it and caused MoreZaydÊ thought and government appeared in Gīlān and Ṭabaristān from the third century AH. Although this phenomenon became the origin of fundamental changes in the Islamic world, it did not last long and soon external and internal challenges surrounded it and caused its weakness and decline. Few researches have been studied the causes of this decline. There are some ambiguities and lack of comprehensiveness regarding those causes, which justifies the necessity of conducting a new research. This article seeks to explain the factors of the decline of religion and the Zaidian government in northern Iran. It seems that in addition to the causes presented in the previous researches, discriminatory behavior of the ZaydÊ rulers and imams; division and competition between the people of Gīlān and Daylamān, divergence of the new generations of Alavids from Islam and its customs; and regaining of power by Bāvandiya and their support for Twelvers, preaching of Twelver scholars, the lethal challenge of the Ismāʿīliyya devotees with the Zaydis; the emergence of the Muṭarrifiyya sect in Yemen, and the desire of the Zaydis of northern Iran to migrate to Yemen in order to counter it, could be added to the list of reasons for decline Manuscript profile -
Open Access Article
6 - -Historical Analysis of the Titles Related to Mahdi (with Emphasis on “Mansûr”, “Saffāh” and “Hojjat”)
Reza Baradaran Nimatullah Safari Foroushani, Khodamorad SalimianOne of the focal points of apocalyptic news goes back to the titles that have been used for the promised savior or the characters around him. In this research, three titles namely “Mansur”, “Saffāh” and “Hojjat” have been studied with MoreOne of the focal points of apocalyptic news goes back to the titles that have been used for the promised savior or the characters around him. In this research, three titles namely “Mansur”, “Saffāh” and “Hojjat” have been studied with a historical processing approach .The necessity and purpose of using such an approach, which is rarely seen in Mahdavi and historical works, is to reconstruct the mentality of Muslims in the first centuries on Mahdism and to present new interpretations of the promised endeavors, especially in the half of the second century A.H. That will be obtained by finding the roots, semantics and research application of the titles and by studying the earlier historical and hadith sources and presenting documentary analyzes. It seems that the mentioned titles, which were used by different parties and currents, had significant historical functions, especially in the first centuries of Islam. Because the titles Mansur and Safah later found a prominent place in the Abbasid movement and Hojjat also became a common title among the Shiites, Twelvers and the Isma’ilis, with different utilizations Manuscript profile -
Open Access Article
7 - Ziydiyah and Imamiyyah Intellectual Relations in Short Occultation until the Sixth Century A.H
Giti Mohamadbeigi Alireza Abtahi Mohammad Ali ChelongarImamiyyah and Ziydiyah's political and religious leadership, as two influential Shiite sects, is apparent. Hence, it is necessary to find out from the studies of the two leading Shiite sects, especially the Imamiyyah's intellectual history, to the points of divergence i MoreImamiyyah and Ziydiyah's political and religious leadership, as two influential Shiite sects, is apparent. Hence, it is necessary to find out from the studies of the two leading Shiite sects, especially the Imamiyyah's intellectual history, to the points of divergence in their theology and hadith exchanges. This article seeks to show that in what ways these two important Shiite sects, had their intellectual relationship in the short occultation (ghiybah al-sughra) until the end of the sixth century. Who were working in this field? Relations between the two sects in these centuries have been driven by a series of core practices, but, because of some disagreements in religious principles, they have also been pursuing their distinction from each other. In order to answer to the questions and proving the hypotheses, the intellectual relationships between Imamiyyah and Ziydiyah in Iran, especially Rey, are examined, using historical methods and a descriptive-analytic method based on the primitive sources. Manuscript profile -
Open Access Article
8 - Disputes Between 0anābala/ 0anbalites and Imāmīya Shī#a in Siljuks era
علی محمدیWhereas most Islamic sects throughout history had conflicts anddisputes with each other, these discords were most significant amongShī#a and Sunnī. Baghdād as the Capital of #Abbāsīd Caliphate was therallying point for Shi’as and Hanbalites -as a radical Sunni bra MoreWhereas most Islamic sects throughout history had conflicts anddisputes with each other, these discords were most significant amongShī#a and Sunnī. Baghdād as the Capital of #Abbāsīd Caliphate was therallying point for Shi’as and Hanbalites -as a radical Sunni branch-aswell. After the collapse of Buyid Dynasty during which Shī#aspromoted in Baghdād, Sunni Siljuks came to power. 0anbalites withlong held enmity toward Shī#as grasped the opportunity and pushedthem into a corner and disputes peaked. In present paper ups anddowns of disputes between these two sects in Baghdad in SiljuksDynasty has been addressed. Manuscript profile -
Open Access Article
9 - A Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami Jurisprudence
Seyed ali Rabbani mousaviyan Alireza MillaniA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. There MoreA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. Therefore, this study aims to use a descriptive and analytical method to comparatively study the punishment of murder, the conditions and quality of its execution in the two religions.The results of the research indicate that although proving the intentionality of murder under Jewish law seems more difficult than Imami jurisprudence, in Jewish law the same amount as proving the absolute crime of murder (intentional and unintentional)Its punishment will be life imprisonment only, and other punishments are an exception to this sentence. In terms of circumstances, there are several differences in the criminal law of the two religions.Keywords: Murder, conditions of punishment for murder, punishment of deprivation of life, Jewish criminal law, Imami jurisprudence. Manuscript profile -
Open Access Article
10 - Studying the Feasibility of Extending the Legal Titles in Imamyeh Jurisprudence to Include Ethics Functions
Mahdeyeh Hajaliakbar ebrahim yaghouti Zahra FehrestiAbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should MoreAbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should be derived from and operationalized by Sharia. Through studying jurisprudential and legal rules, jurisprudents and lawyers identified the concept of good ethics and considered it as a rule to restrict the will of individuals in protecting social expediencies. Although, there are theories for or against if there is some relationship between law and good ethics, but a use of good ethics by a legislator in legislation suggest the fact that ethical dos and don'ts in the sacred Islamic Sharia in social domain can be used as a base for legislation in many legal cases. The present research tried descriptively and analytically to answer this question, “Can Islamic law be extended to include good ethics?” By considering the mentioned cases, the results showed that Imamyeh jurisprudence allows for good ethics considered in Quran and Islamic narrations to be used in making legal acts. Manuscript profile -
Open Access Article
11 - Evaluation and comparative analysis of mudarabah papers based on the standards of Shafi'i and Imami jurisprudence
ABDOLAZIZ MIRANI fereydoon rahnama seid abas mousavian Mahdi Madanchi Zaj Mohammad Adel ZiaeiOne of the most important challenges for Islamic financial engineers is to pay attention to the differences between religions in Islamic countries, including Iran, and plan to discover the differences, resolve legal ambiguities, and finally lay the groundwork for increa MoreOne of the most important challenges for Islamic financial engineers is to pay attention to the differences between religions in Islamic countries, including Iran, and plan to discover the differences, resolve legal ambiguities, and finally lay the groundwork for increasing public participation in various financing projects. The importance of the present research is to resolve the legal ambiguities and doubts in order to increase participation in the financing of Mudarabah bonds. The lack of financial research in Iranian Sunni jurisprudence in connection with the issue of Mudarabah bonds, the population and the high economic and development potentials of Iranian Sunnis, as well as the potential ability to participate in various financing projects by this special segment of the Iranian society, from It is one of the necessities of conducting the present research. . Therefore, in this research, with the aim of reducing the jurisprudential doubts of the Iranian Sunnis, from the two perspectives of Shafi'i and Imami jurisprudence, the Mudarabah papers were examined and analyzed jurisprudently, in order to clarify and resolve its jurisprudential ambiguities, in fact, the present study seeks to answer this question. What are the similarities, differences and the percentage of jurisprudence and difference in Mudarabah papers based on the standards of Imamiyyah and Shafiiyyah jurisprudence. The main approach in this research is a comparative approach. In order to analyze and issue jurisprudence in Imami jurisprudence, the document analysis method (documents and approvals of the Jurisprudence Committee of the Stock Exchange Organization) has been used, and in connection with Sunni jurisprudence (Shafi'i jurisprudence), in-depth interview and focus group methods have been used, a statistical sample It includes 9 experts of Shafi'i jurisprudence. The results of the research show that the similarities and common points of jurisprudence are very high and the percentage of jurisprudence and jurisprudence in the two jurisprudence systems of Imamiyyah and Shafiiyya in relation to Mudarabah papers is at a very high level (100%), which is important. It can be the basis for increasing the participation of Iranian Sunnis in projects related to Mudarabah bonds and other Islamic securities issued in Iran. Manuscript profile -
Open Access Article
12 - A Comparative Study of Trickery, Examples and Ways to Deal with it in Imamiya Jurisprudence and Iranian and French Law
Babak Mohammadi Ghahfarokhi Davoud Nasiran (corresponding author) Masud ShiraniA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in orde MoreA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in order to acquire rights for the unjust in ways that are against the nature of the law, and in the term of French law, it means a shrewd act in which, by using the hidden defects of the law, a person seeks to perform a seemingly legal act. These different definitions have caused differences in examples of trickery and of course the solutions to deal with it. The present study is carried out through a descriptive-analytical method and tries to answer questions such as "What is the trick, examples and solutions to deal with it in Imamiya jurisprudence, Iranian and French law?" Examples of trickery in Imamiya jurisprudence are divided into three categories: Examples of real positive and legitimate tricks; examples of real negative and reprehensible tricks; Examples of formal tricks. Examples of tricks in Iranian and French laws can be divided into two parts: examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imamiya jurisprudence, there is no countermeasure for permissible tricks, but two solutions are proposed for haram (forbidden) tricks including the moral solution that means piety and the jurisprudential solution which means ruling on being haram (forbidden). The solutions to deal with trickery in Iranian law are the theory of motive or direction; the theory of good faith; the theory of preventing the abuse of the right; the theory of public order; the principle of compliance of the contract with the intention; the base of the arms; the principle of Sad Zaraye (avoiding doing harms), the principle of “Yu’amil al-Mukalaf bi Naqiz Maqsoudah”. Regarding the solutions to deal with trickery in French law, it is possible to refer to the strategies including implementing the laws of the European Union, establishing various institutions to fight trickery and fraud, identifying points covered by the law by digital technologies, determining case and subject laws, determining the punishment in the criminal laws. Manuscript profile -
Open Access Article
13 - Adele feghhi
Davood Hasanpour Razeah Akbariچکیده مسئله غنا از دیرباز در فقه شیعه مورد بحث بوده و دیدگاههای گوناگونی درباره آن مطرح شده است. گرچه فقهای عامه غنا را فینفسه حرام نمیدانند، بلکه معتقدند که باید با محرّمات دیگر مقارن باشد؛ اما فقهای شیعه فیالجمله بر حرمت فینفسه غنا ادعای اجماع کردهاند. تنها اختلا Moreچکیده مسئله غنا از دیرباز در فقه شیعه مورد بحث بوده و دیدگاههای گوناگونی درباره آن مطرح شده است. گرچه فقهای عامه غنا را فینفسه حرام نمیدانند، بلکه معتقدند که باید با محرّمات دیگر مقارن باشد؛ اما فقهای شیعه فیالجمله بر حرمت فینفسه غنا ادعای اجماع کردهاند. تنها اختلاف نظر بین فقهای شیعه، در این مسئله است که آیا همانگونه که عدهای از فقیهان به آن قائل هستند، غنا در کلام حق هم حرام است، یا اینکه غنا حتماً باید در کلام لهوی باشد، آنگونه که برخی دیگر قائل به آن هستند. در این میان، برخی از فقهای متأخر مانند محدّث کاشانی در وافی و محقق سبزواری در کفایةالاحکام قائل شدهاند که غنا فی حد ّذاته حرام نیست؛ این عده در بیان اختلاف نظر خود، ادّعا میکنند که روایات ناهی از غنا، منصرف به متعارف غنا در آن زمانی بوده که مقارنات حرامی وجود داشته است؛ مانند زمان بنیامیه و بنیعباس که زنها در حضور مردها و در قالب کلمات باطل غنا میخواندند و از آلات ملاهی نیز استفاده میکردند Manuscript profile -
Open Access Article
14 - Investigating the criminal responsibilities of carriers of infectious diseases due to negligence from the perspective of Imami jurisprudence with an emphasis on the corona virus
Zaman Sandoghdar Reza Abbaspour (corresponding author) Seyed Mohsen RazmiSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) MoreSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) and sometimes the level of its spread becomes global (Pandemic). )). Facing each of these cases requires different health arrangements and requires different legal rules and planning. Dealing with the disease in the national arena requires a model consisting of coordinated, targeted and legitimate measures. This model is formed in paradigmatic structures based on many philosophical, legal and ethical principles and is designed according to the social structure of each society. What is needed to design the model is the explanation of basic rights and values that must be supported, and the other is the explanation of the goal and purpose in carrying out activities and programs and designing processes. All this is in an inherently variable state; Therefore, from the moral and legal point of view, the question is, which human rights has been threatened and endangered by the disease with the characteristics of Covid-19, and what is the justified set of behavior considering the contagiousness and the spread that has occurred or is occurring? It should be done in return to achieve the goals of control and health provision. According to the rule, for such a model, various goals may be considered for the patient and the disease, and accordingly, various behaviors can be envisioned to achieve these goals. Moral and legal norms will determine the limits of behavior. As a result, it may be effective to implement a program or behavior in the face of illness, but it is not justified in legal and moral terms. Manuscript profile -
Open Access Article
15 - An Examination of the Evidential Value of Testimony in Imamiya Jurisprudence and Iran's Legal System and the Impact of Psychological Factors on Testimony
Heidar Fatahi (Corresponding author) Ruhollah Sepehri Abbas PahlevanzadehThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadith MoreThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadiths narrated from the pure and infallible Ahl al-Bayt, as well as the companions of the Prophet Mohammad, there is a lot of emphasis on this. In some cases, there are differences of viewpoints among Islamic denominations regarding the conditions of the witness. For example, there is a difference in the testimony of a child, but there is consensus among jurists in the area of reason and legitimacy of the person. On the other hand, the impact on the legal concept of testimony is also something that cannot be hidden, which has received special attention in recent decades. Of course, in the legislative system, this important issue has not been taken care of as much as it should be, but psychological needs have caused legal scholars to deal with this issue. This is because the impact of some factors such as mental habits, age, race, personality, feelings, and emotions on the testimony is so important that it can cause irreparable damage. Manuscript profile -
Open Access Article
16 - Causes of Easement Creation in Islamic Religions
Mohammad Rasool Ahangaran Amir AhmadiThe right to easement is one of the important issues of human life in livelihood or trading. So sometimes people see the needs of others and help them to meet their needs. So what is the cause of the creation of the right to promote Islamic jurisprudence? This article d MoreThe right to easement is one of the important issues of human life in livelihood or trading. So sometimes people see the needs of others and help them to meet their needs. So what is the cause of the creation of the right to promote Islamic jurisprudence? This article discusses the causes of the creation of the right to education. These articles contain the views of the great Islamic five jurisprudents. During the research, the divisions and commonalities of religions are well known. One of the most important reasons for the creation of the right to claim is the right to easement to a public partnership between people, exchange of rights, rights to property, inheritance, will, and willfulness of this right, which is discussed in detail in each of these cases in more detail. Is. This article can help jurists in juggling issues as well as in the formulation of legal rules, and is a way for them to come up with this issue. Manuscript profile -
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17 - Analysis of Punishments of Child from the Perspective of Shiite Jurisprudence
Ehsan Aliakbari Babookani Reza Abaaspor Hossein NaseriShiite jurisprudence is not prohibited the punishment of child ingeneral. But due to certain circumstances, the ban is lifted.However, the preliminary sentence of child punishment is sanctity,only have some exceptions in specific circumstances. Exceptions ofchild punish MoreShiite jurisprudence is not prohibited the punishment of child ingeneral. But due to certain circumstances, the ban is lifted.However, the preliminary sentence of child punishment is sanctity,only have some exceptions in specific circumstances. Exceptions ofchild punishment is under tow general term including discretionarycorrection and correction. Although most of the Islamic scholars didnot separate this two general term in the corporal punishment ofchildren, it seems necessary in some cases to separate these twogroups, because the cases, the conditions and many accessories ofthis tow general term are different and the separation of this towterm haven’t any significant practical results. Moreover, sinceIslamic scholars haven’t argued within the issue, many of the termsand conditions including corporal punishment of children, thequality, level and the persons who have the right of punishment hasnot been investigated in the texts of jurisprudence. Manuscript profile -
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18 - The nature of delivery in Convention on the International sale of goods (Vienna 1980)
Fakhrollah Molaie Kandelous Alireza AminiThe Vienna Convention & Incoterms offer a minimalist concept delivery that the seller can deliver products to buyer in his business location while for exit goods from that country the buyer should pay Customs and Insurance costs and Taxes, Etc. As long MoreThe Vienna Convention & Incoterms offer a minimalist concept delivery that the seller can deliver products to buyer in his business location while for exit goods from that country the buyer should pay Customs and Insurance costs and Taxes, Etc. As long as the Fees is not paid can't move his goods to other country. This situation is in contrast with the concept of the Imami Jurists of delivery that Invasion and Superiority is as a condition for the realization of delivery. On the other hand that concept is one of the importances of the international trade and simply can't be passed. This caused the concept seriously be discussed in Jurisprudence and Convention. The result of research showed that delivery of good in trade although the costs are incurred since buyer accept this conditions by himself explicitly or implicitly in order to respect the principle of the rule will the Jurisprudence is also valid. Second the subject of delivery on the assumption is separate of its concept and delivery location is more of a concept rather than the term delivery of the convention is intended to express. Manuscript profile -
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19 - Permenant Forbidance and Its Examples in Iranian and Egyptian Law with Jurisprudence Approach
Zari Zamani Sayyid Abu al- Qasem NaqibiPermenant prohibition (Hurmat) of marriage is one of Islamicinstructions that the jurists have mentioned it as "causes ofprohibition" in their books and by which it is forbidden to marryparticular people for ever. In this case, laws of some Islamiccountries follow lawfu MorePermenant prohibition (Hurmat) of marriage is one of Islamicinstructions that the jurists have mentioned it as "causes ofprohibition" in their books and by which it is forbidden to marryparticular people for ever. In this case, laws of some Islamiccountries follow lawful commandments. By following ImamiehFegh (Imamieh jurisprudence) Iranian legislator have mentionedinstances of permenant prohibition of marriage with the title of"impediments to marriage". In this text, permanent impediments ofmarriage in Irania law (with a glance at ruling Fegh on Iranian law)in comparison to the law of Egypt has been studied. According tothe findings of this research, permenant prohibition of marriageenjoys a special position in the order of family rights because itplays a vital role in protecting families from collapse, keeping Traditions and on the other hand criticizing the pros’ proofsspecially through proving the correct ness of Dimān malām yajib, Ithas been endeavoured to define a criterion on strength of which canseek aremedy the diversity in other different extensions by makingclear precisely this kind of liability. Manuscript profile -
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20 - The Impact of Sex Change on Criminal Responsibility of Diy Payers
Saleh Ghafari Cherati Seyed Ebrahim Ghodsi Amin Radman Milad SheikholeslamiToday, the issue of gender change is also important in terms of legal and legal medicine. Given the fact that the legislator has not explicitly taken a decision on this issue, this is a leading challenge that can be addressed in the face of these issues. The ability to MoreToday, the issue of gender change is also important in terms of legal and legal medicine. Given the fact that the legislator has not explicitly taken a decision on this issue, this is a leading challenge that can be addressed in the face of these issues. The ability to respond to them has come. Among the issues that can be mentioned in this regard is the issue of responsibility for the payment of Diyat, which in some cases the right of retribution is obligated to pay dividends before retaliation. With this explanation, is it possible for the perpetrators of the right of qisas to have an effect on the criminal and gender mutilation of the crime before and after the crime in rejecting Fadhil Diyah in deliberate crimes as well as those who pay the Diyat in pseudo-intentional crimes and pure error? In accordance with Article 167 of the Constitution, in the case of the silence of the legislator, the judge is obliged to seek a proper ruling from authentic Islamic sources and can not refuse to investigate it on the pretext of silence and legal prosecution. With this explanation, various opinions and arguments in this regard have been made by the jurisprudents that some Absolutely, they consider the act to be unlawful; in contrast, some have also accepted the permission of the practice, which ultimately can provide a unique legal remedy for the adoption of a single action procedure. Manuscript profile -
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21 - privacy bill in terms of conformity with the Shiite jurisprudence principles
Ali Asghar Raoufi Mohammad Sadiq Jamshidi Rad Ali Reza PourbafraniThe issue of privacy is the important provisions in Islam and jurisprudence, which has a very high reputation, the privacy of its kind, is divided into material and non-material confidentiality, and scholars have issues such as the privacy of individuals, attention and MoreThe issue of privacy is the important provisions in Islam and jurisprudence, which has a very high reputation, the privacy of its kind, is divided into material and non-material confidentiality, and scholars have issues such as the privacy of individuals, attention and considered in the profound jurisprudence. Therefore, the eighth Government of the Islamic Republic in 1386 revised the privacy bill and surrendered to the Islamic Consultative Assembly. This research has been attempted to discuss the privacy bill, which has several headings: physical privacy, places and houses, personal information on media activities, communication, at work, and responsibilities arising from privacy violations and the principles governing it. In this regard, the present study introduces the principle of non-velayat, اصالة, and the principle of human dignity as the principles governing the privacy Bill, as well as the prohibition of disclosure, the need to pay attention to human dignity and to abstain from tyranny as relevant privacy issues. Manuscript profile -
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22 - The option of what which Depreciates in a day in Imamiyeh
Ezatollah BarkhordariIn the case the customer, in sale contracts, does not pay the consideration to the seller within three days since the date of transaction, provided that other conditions are present, the seller will be entitled to the option of delayed payment which enables him to cance MoreIn the case the customer, in sale contracts, does not pay the consideration to the seller within three days since the date of transaction, provided that other conditions are present, the seller will be entitled to the option of delayed payment which enables him to cancel the sale. However, in the case the object of sale is considered among the goods which depreciate within the first three days of the transaction, the seller must be provided with an option prior to the expiry of three days, so that he/she is enabled to compensate the loss by administering the mentioned option. The above-named right of cancellation is known as 'the option of what which depreciates in a day' in Jurisprudence, and is accounted for in the Civil Law; article 409, in the regulations pertaining to the option of delayed payment. The mentioned option is not of an independent nature but an aspect of the option of delayed payment, therefore the entire conditions of its applicability (except for the time period upon which the seller will be entitled to it which is different according to the type of the object of transaction), effects, laws, and regulations are identical to those of the option of delayed payment. Manuscript profile -
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23 - CIVIL WOMEN’S RIGHTS FROM THE PERSPECTIVE OF JURISPRUDENCE AND LEGISLATION
Foroozan Alaie Novin Zeynab Esmaiel PourCitizenship rights is one of the important subjects of interest to different law schools,and ensuring that the rights of citizens possibly placed on government abuses is enjoying the special sensitivity. In some cases,the other discriminatory laws have been im MoreCitizenship rights is one of the important subjects of interest to different law schools,and ensuring that the rights of citizens possibly placed on government abuses is enjoying the special sensitivity. In some cases,the other discriminatory laws have been imposed and considered by governments regarding the sex ratio of their citizen;inevitability human conscience cannot be indifferent about them. In this article,women civil rights has been studied from the perspective of constitution and international conventions and quran. However,rejecting the discrimination and establish equal rights have been granted in all of these treaty. Nevertheless,the basic from of wrongful is the concept of discrimination in this convention. From the point of convention writers equity in rights is similarity,which in the nature of these belief,it is not true. Whereas,the equality means equality and uniformity is the monotonous.Discrimination between men and women is rejected and denied in islam and islam accepts the equality. Manuscript profile -
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24 - Studying the Divorce Right of Women in Imamiyeh Jurisprudence
Foroozan Alaie NovinFamily plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divor MoreFamily plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divorce right as the right for men and leave some exceptions for women. The present article studies the different points of view of jurisprudents on the right of divorce in the cases that this right is given to women such as power of attorney to other than wife, when both wife and husband desire to divorce (Osro Haraj). Manuscript profile -
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25 - A Jurisprudential Study on the Existence of Financial Right for Wife in Quran; Imamate Jurisprudence and Comparison with Rights in Egypt
Koorosh Bashiri Ali Parimi Ahmad Reza BehyanfarThe aim of the present research is the issue of wife's rights after the breaking up marriage using jurisprudential and legal sources inspired by the views of Imamate jurists and lawyers in Islamic countries such as Egypt because of the importance and sensitiveness of th MoreThe aim of the present research is the issue of wife's rights after the breaking up marriage using jurisprudential and legal sources inspired by the views of Imamate jurists and lawyers in Islamic countries such as Egypt because of the importance and sensitiveness of the subject. This article is theoretical and the nature is descriptive – analytical and the method of compilation is librarian. The studies show Egyptian lawyer has consistently attempted to ensure and protect women's rights to prevent women rights being abused, specifically divorced ones. Manuscript profile -
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26 - Seeing moon in the current era
sedighe Mosadegh sedghiDeterm ining the first day of lunar months is all important thing to do specially tor performing religious duties.So determining the first day of' 'shavwa" has the great importance in comparison to the other months due to being dubious about do.ng two obligatory and for MoreDeterm ining the first day of lunar months is all important thing to do specially tor performing religious duties.So determining the first day of' 'shavwa" has the great importance in comparison to the other months due to being dubious about do.ng two obligatory and forbidden things-fasting on the last day of Ramadan and breaking: it on the first day of Shavwal.Determining the first day ofShavwal is one of the religious subjects and it is the duty of followers of that rei igion but due to being unable to investigate personally in this field.they usually refer to their religious authorities The jurists and astronomers have constantly attempted in the field of determining the first day of Shavwal Regarding the credit that lmamye jurisprudence has given to the meditative method and referring to the experts in all fields.v.e can nut neglect the importance of jurisprudence and astronomy cooperation on determining the first day of Shavwal. l ndeed.astronorners opinions can be :11 the service of religious authorities to lessen the probability of error.The current research is tr) ing to pace "long with these two sciences while offering solutions trorn jurisprudence and astronomy science. Manuscript profile -
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27 - تاملی بر سیاست کیفری جمهوری اسلامی ایران نسبت به جرائم زیست محیطی در پرتو آموزه های فقه امامیه
محمد حاجی قاسمی اردبیلی علیرضا میلانی -
Open Access Article
28 - wife's alimony in Imamiye's jurisprudence and Civil Low of France
farideh asghari Hamid Kaviani fardتبیین مبانی، اسباب، شرایط و احکام نفقه زوجه و تشریح برخی از ادله آن میتواند تصویری روشن از اصل تعادل، عدالت و تناسب را به جامعه عرضه کند. این نوشتار به دنبال بررسی تطبیقی نفقه زن در فقه امامیه و حقوق فرانسه است. مسئله اصلی این پژوهش مبانی و چگونگی وجوب نفقه، شرایط اسقا Moreتبیین مبانی، اسباب، شرایط و احکام نفقه زوجه و تشریح برخی از ادله آن میتواند تصویری روشن از اصل تعادل، عدالت و تناسب را به جامعه عرضه کند. این نوشتار به دنبال بررسی تطبیقی نفقه زن در فقه امامیه و حقوق فرانسه است. مسئله اصلی این پژوهش مبانی و چگونگی وجوب نفقه، شرایط اسقاط نفقه، معیار تعیین مقدار نفقه و آثار ترک انفاق وضمانت اجرایی آن در فقه امامیه و حقوق فرانسه است. از این رو در این نوشتار تلاش شده است با روش توصیفی که با توجه به ماهیت و نوع مطالعه «تطبیقی»، در چهار مرحله توصیف ، تفسیر ، همجواری و مقایسه انجام می-پذیرد، پاسخ مسائل اصلی پژوهش ارائه شود.این پژوهش تطبیقی، افزون بر ارزش علمی آن، میتواند راهی برای ایجاد تفاهم و نزدیکی آرای ملل و بسترساز نزدیکی آنان و جلوگیری از تعصب کورکورانه و امکان قبول آرای مخالف و باز کردن راه اجتهاد روشمند از طریق آشنایی با آرا و ادله مخالفان باشد و تأثیر بهسزا و مفیدی در شکلگیری قوانین متقن و کارآیی و جامعیت قابل توجه، نظامهای حقوقی داشته باشد. Manuscript profile -
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29 - The Cases of Necessity of Paying Khoms from the Viewpoint of Shia Jurisprudence
ali tahmasebipour hamid kavianifarAbstract Islam for the purpose of human purification, creation of equality and consolidation and maintenance of the society’s economical system and for the purpose of creation of utopia, has legislated some regulations which not only shorten the distances among r MoreAbstract Islam for the purpose of human purification, creation of equality and consolidation and maintenance of the society’s economical system and for the purpose of creation of utopia, has legislated some regulations which not only shorten the distances among rich and poor in the society, but also makes the life horizon for different classes even closer with regard to the wealth and material blessings. Khoms is one of the financial religious duties which is commanded by the supreme god to his servants. And in case that all the conditions are provided, every obliged person must pay that. Therefore, after allocation of the abovementioned financial duties on the shoulder of the obliged person, there shall be no right of possession; and necessarily he is obliged to distribute it among the people who deserve it. And about this necessity, just one case of delay up to one year for the purpose of deduction of the annual hoard of his wife and himself is permitted, and in other cases, this necessity is immediate, and there shall be no delay in its payment. On the strength of the verses of holy Koran and traditions of the infallible Imams, the payment of Khoms is obligatory for seven cases, including: spoils, mines, treasure, fishing materials, legal property mixed up with illegal property, growth of interest, the land which is bought by a rejected Kaffir from a Muslim.Keywords: Khoms, Khoms payment obligation cases, Shia Jurisprudence Manuscript profile -
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30 - Child custody from the perspective of Jurisprudence
احمد مرادخانی سیده طوبی هاشمیAbstractIn addition Brshyr children to continue their lives has another mother in need of care. This care should in normal circumstances by the person who most emotional bond to the child, be done. This is to ensure that the custody issue. It is said that in its definit MoreAbstractIn addition Brshyr children to continue their lives has another mother in need of care. This care should in normal circumstances by the person who most emotional bond to the child, be done. This is to ensure that the custody issue. It is said that in its definition: Custody means the administration of life and to protect and nurture the child until that child needs protection and nurturing.Children under the custody of healthy people and deserve time to come. So in Imami to certain conditions considered responsible for the custody has the right and duty to be performed properly. Custody means the administration of life and to protect and nurture the child until that child needs protection and nurturing.Children under the custody of healthy people and deserve time to come. So in Imami to certain conditions considered responsible for the custody has the right and duty to be performed properl Manuscript profile -
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31 - Refresh defects and diseases caused men to terminate the contract From the perspective of Sheikh Ansari With an eye to the views of Imam Khomeini and martyr Thani
سید حسام الدین حسینی کیا احمد مرادخانیSeparation of couples from each other, one of the most important issues in Islamic jurisprudence. This separation occurs in two major forms: a) divorce b) termination. Terminating in religious books as the "fi led Alkhyar" is examined.That the god way to compensate for MoreSeparation of couples from each other, one of the most important issues in Islamic jurisprudence. This separation occurs in two major forms: a) divorce b) termination. Terminating in religious books as the "fi led Alkhyar" is examined.That the god way to compensate for damage arising from any defect in the disease and predict each of the spouses has the right to terminate the contract which fixes its losses.Some specific diseases and defects and the rest is shared between couples. What is examined in this article only men are defects and diseases.And ponder what has been mentioned in the written opinion regarding different kinds of defects and diseases Sheikh Azzam Ansary men with a look at the opinions of Imam Khmyny, has a thorough understanding of the author and contributors to the field in the license terminate the contract for cause.Keywords: marriage, termination of marriage, illness, deceit, Jurisprudence. Manuscript profile -
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32 - thr role of interest in Faryqeyn
mojtaba mohamadi سید محمد شفیعی مازندرانیEach issue without regard for the interests and corruption is something aborting., has complications that sometimes differences of opinion among scholars on the concept and its various manifestations arise.Interest, dedicated to Islamic jurisprudence, is also an importa MoreEach issue without regard for the interests and corruption is something aborting., has complications that sometimes differences of opinion among scholars on the concept and its various manifestations arise.Interest, dedicated to Islamic jurisprudence, is also an important element in Western schools, and even infrastructure is efficient. In Islamic thought, word comes of interest in two independent domains, the field of theology (such as whether to issue rulings based on the best interests first?) And Fiqh (such as whether it can be inferred interest in Shari'a law be used ?). In this study, we have tried, in the interest of Shiite jurisprudence and Sunni areas of the collection.We hope that by explaining these cases, a step toward clarifying some aspects of interest to be removed from the jurisprudential point of view.Keywords:Jurisprudence, interest, Jurisprudence, Jurisprudence Sunni mursala materialsaa aa aaa aa a aa aaa aaaa aa aa Manuscript profile -
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33 - بیع سلم در مذاهب اسلامی
محمد صادقیعقد سلم یکی از اقسام عقد بیع است که در آن ثمن نقدی پرداخت می شود و مبیع در آینده تهیه شده یا ساخته می شود ودر اختیار مشتری قرار می گیرد . نسبت به تعریف اصطلاحی سلم در مذاهب مختلف ، اختلاف نظر وجود دارد . برخی آن را بیع شئ موصوف در ذمه بالفظ سلم دانسته و برخی آن را خرید Moreعقد سلم یکی از اقسام عقد بیع است که در آن ثمن نقدی پرداخت می شود و مبیع در آینده تهیه شده یا ساخته می شود ودر اختیار مشتری قرار می گیرد . نسبت به تعریف اصطلاحی سلم در مذاهب مختلف ، اختلاف نظر وجود دارد . برخی آن را بیع شئ موصوف در ذمه بالفظ سلم دانسته و برخی آن را خرید مال مدتدار به نقد میدانند. فقها اتفاق دارند براین که عقد سَلَم از نظر شرعی صحیح و جایز است و برای اثبات آن به کتاب، سنت و اجماع استدلال نمودهاند.ارکان عقد سلم عبارتند از متعاقدین، ثمن (قیمت)، مسلم فیه (مورد معامله) و صیغه. شرایط متعاقدین همان شرایطی است که در قواعد عمومی قراردادها و عقد بیع برای طرفین معامله مطرح است.در مورد لزوم استعمال لفظ سلم برای این عقد اختلاف نظر وجود دارد . نسبت به ثمن و مسلم فیه شرایط متعددی بیان شده استو در باره آن اختلاف نظر وجود دارد . در این مقاله دیدگاه مذاهب خمسه در مورد تعریف عقد سلم ، شرایط ثمن و شرایط مسلم فیه مورد بررسی قرار می گیرد . Manuscript profile -
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34 - The right of Irtefagh the legality and its causes in Imami Fegh
عبدالله گوهری طالع اکبر ترابی شهرضاییچکیدهحقّ ارتفاق به معنای مشروعیّت تصرّف مالک زمینی در مِلک دیگری است تا با این تصرّف از مِلک غیرمنقول خود، بهتر استفاده نماید. چنین موضوعی با این ویژگیها در منابع فقهی متقدّم و حتّی متأخّر امامیّه، مطرح و مورد بررسی، قرار نگرفته است. حقّ ارتفاق به این معنا، از حقوق مدن Moreچکیدهحقّ ارتفاق به معنای مشروعیّت تصرّف مالک زمینی در مِلک دیگری است تا با این تصرّف از مِلک غیرمنقول خود، بهتر استفاده نماید. چنین موضوعی با این ویژگیها در منابع فقهی متقدّم و حتّی متأخّر امامیّه، مطرح و مورد بررسی، قرار نگرفته است. حقّ ارتفاق به این معنا، از حقوق مدنی کشورهای دیگر به منابع حقوقی و سپس کم و بیش در مطالعات فقهی، راه یافته است. البته حقوقی مانند حقّ انتفاع، حقّ اختصاص و همچنین، حریم شباهتهای با حقّ ارتفاق در استفادهی مالک زمین از غیرمِلک خودش، دارند ولی تفاوتهای مهمی هم با ارتفاق دارند و نمیشود بررسی آنها را در فقه، پیشینهی ادبیات حقّ ارتفاق شُمرد و به همین خاطر، از مشروعیّت مسلّم آنها نیز پُل زدن به این مسئله، براساس قواعد فقه امامیّه غیرروشمند خواهد بود. مهمترین، محور در این مسئله، بررسی مشروعیّت آن براساس رویکرد فقه امامیه است که با استفاده از عمومات دالّ بر حُسن معاشرت با همسایهها، استحباب تعاون بر کارهای خیر و سیره عقلا، میتوان آن را اثبات کرد. علاوه براین، چون حقّ ارتفاق به تنوع اسباب پیدایی خود، متنوع میگردد به تناسب مشروعیّت همین اسباب که در شکلگیری آن، مؤثر است، نیز میتوان استدلال کرد؛ یعنی با تمسک به عمومات ابواب معاملات، مشروعیّت انشاء حقّ ارتفاق در قالب عقود و یا ایقاعات، اثبات می شود. Manuscript profile -
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35 - tajassos
محمدعلی قربانی mohammad pourshabanaliReview : The ethical nature of the search is one of the most important ethical issues for the general public, and especially for those whose job descriptions are related to the investigation, such as law enforcement, security, intelligence, journalists and news. Searchi MoreReview : The ethical nature of the search is one of the most important ethical issues for the general public, and especially for those whose job descriptions are related to the investigation, such as law enforcement, security, intelligence, journalists and news. Searching means reading, checking, searching and getting information. An investigation into the investigation of the hidden and hidden affairs of others, which has a personal and individual nature. Therefore, the use of the term "exploration" in cases of apparent and obvious nature or, in other words, social and collective nature, is not correct. There are three separate types of searches: separate searches, social security surveys, and affairs in enemy affairs. Exploration of the personal affairs of individuals is not permissible by reason of the wisdom and explicit verse of "Vlattjisso" and many narratives. The search for social affairs, a better term for "inspection" and "supervision", is permissible and, in some circumstances, obligatory for rational reasons and some narratives. Knowledge of the community, the needs and demands of the people, and the establishment of social justice, which is one of the most important tasks of the ruling ruling Islamic state, as well as their achievement, largely depends on the choice of officials, government officials, believers and specialist, needs to investigate the functioning of the device And social organizations. Manuscript profile -
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36 - The relationship of human dignity and its impact on the formation of consumer rights in Imamieh jurisprudence And the laws and regulations of , govermental discretionery punishments با برنامه Google بگویید «Translate love into French»/«ترجمه عشق به فرانسوی». نه، متشکرمبرنامه را امتحان کنید به زبان دیگری با افراد صحبت کنید. نه، متشکرمبرنامه
arsalan miri جلال ایران منش ابراهیم تقی زاده جلال سلطان احمدیIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the princ MoreIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the principles Correct Islam leads to the maintenance of human dignity. Therefore, in this regard, it is necessary to lay down rules and regulations for the correct way of consumption and consumerism, through their explanation, the human principles of Islam and, in particular, its human dignity. The author attempts to investigate the role and relationship of human dignity and consumerism in Imami jurisprudence and its related laws, in particular the laws and regulations of government sanctions. The method of research in this article is a descriptive-analytical method which, based on the books and articles, has tried to analyze all aspects of the subject. The results of this research show that paying attention to the proper use of the dishes, the maintenance of human dignity and other values that human beings give us human beings. Manuscript profile -
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37 - The use and sale of psychoactive substances in Imamieh jurisprudence
siamak jafarzadehThe use of narcotics and psychotropic substances is one of the manifestations of the moral degeneration of mankind, causing corruptions to the body and reason and the entry of severe cultural, economic and social losses to society. In this research, using an analytical MoreThe use of narcotics and psychotropic substances is one of the manifestations of the moral degeneration of mankind, causing corruptions to the body and reason and the entry of severe cultural, economic and social losses to society. In this research, using an analytical and descriptive method and studying jurisprudential sources and narrative and Qur'anic evidence, the practice of using and buying narcotic drugs is due to the involvement of many people in Iran, especially the youth, and the adverse consequences, and in some cases Examines the irreparable thing that follows And the results indicate that the majority of jurists promise to use drugs and to buy and sell narcotics according to Quranic verses and traditions and legal rules such as: the principle of respect for the forbidden introduction, the rule of law, the rule of neglect of mustache, And some of the jurists, though they have given a verdict to this subject, but, in urgent cases, including medical matters, allow it. Manuscript profile -
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38 - The feasibility study of access to a common governance pattern among Islamic religions, with an emphasis on the role of the people
Mohamad Ahangaran Mohammad BeiroutiIslamic countries have the potential to converge in governmental jurisprudence; given the lack of divine sovereignty and the acceptance of the right to vote, explaining a common paradigm for electing a ruler seems a necessity.To elaborate on a common government model, f MoreIslamic countries have the potential to converge in governmental jurisprudence; given the lack of divine sovereignty and the acceptance of the right to vote, explaining a common paradigm for electing a ruler seems a necessity.To elaborate on a common government model, first the Sunnis presented templates include (forming salinity, marriage, intercession, conversion) executed by the people's allegiance, and of the three contemporary political ideas of Shi'a jurisprudence, two models (the Velayat-e Faqih and the Electoral Theory). We have put forward the theory of appointing a governor of the jurisprudence) for the ruling party. Salinity is endorsed by Islamic religions as a common paradigm (regardless of the foundations of formation).The patterns presented in the Islamic community's exponential balance have been explored in terms of corruption and corruption. Among all the patterns of government, there are materials and purposes that can be ignored; creating salience for the ruler.The challenge with which the pattern of shared government is in clear conflict is the acceptance of "sovereignty" and "supremacy" in Islamic societies. In the "domination" model, the government in Islam is presented as chaos, and in the "domination" model, in fact, the will of the people is impassable for the ruler. Manuscript profile -
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39 - A Glance at "Analogy" in the Sunnite and Imamiyyah Jurisprudence
Abolfazl AlishahiSunnis have recourse to "Analogy" (Qias) in their jurisprudential argumentation and generally regard it as a criterion, while Shiite jurists do not have an optimistic view about "Analog", though they have sometimes excluded some examples of analogy prohibited by t MoreSunnis have recourse to "Analogy" (Qias) in their jurisprudential argumentation and generally regard it as a criterion, while Shiite jurists do not have an optimistic view about "Analog", though they have sometimes excluded some examples of analogy prohibited by the legislator; however, the general viewpoint of Shiite jurists towards "analogy" is negative. "Analogy" is the inference of a partial religious decree from another. In other words, in a decree, one part is overgeneralized to another part. The question to be answered is whether the Imamiyyah Shiite negate the "analogy" wholly or accept it partially. This research, upon a survey of the Sunnite and Shiite viewpoints, has come to the conclusion that in Imamiyyah Shiite, some sorts of "analogy" are accepted in practice, in line with Sunnis. Manuscript profile -
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40 - A Comparison between the View of Imāmiah Fiqh and the Four Schools of Thought about Dissection of the Corpse
Mohammad Mehdi Habibi Alireza Asgari Seyyed Hasan AbedianThe purpose of the present research is jurisprudential study of dissection of the corpse condition in Imāmiah Fiqh compared to the four schools of thought. The method of study is descriptive-analytic and the results showed that the Sunnis have also admitted dissection o MoreThe purpose of the present research is jurisprudential study of dissection of the corpse condition in Imāmiah Fiqh compared to the four schools of thought. The method of study is descriptive-analytic and the results showed that the Sunnis have also admitted dissection of the corpse according to requirements. The Shāfe’is hold the closest view to Imāmiah Figh about dissection of the body. The Māleki school has adopted stricter views with respect to corpse corruption. The Hanbalis believe that transportation of the corpse from a city to another for dissection is forbidden. The Hanafis have allowed a limited time for dissection after which the dead body must be buried. Therefore, it is concluded that except in exceptional circumstances, Imāmiah Fiqh and the four schools of thought have common views about dissection of the corpse. Manuscript profile -
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41 - Jurisprudential study of the situation of floating price from the point of view of the owner of the jewel, Ayatollah Khoei, relying on the views of Imam Khomeini
Morad Jafarzadeh Seyed Mohsen Razmi Mohamadreza KazemiSale is one of the words that is known as one of the most widely used words in Islamic jurisprudence. Islamic jurists have each defined the nature, pillars and types of sale as one of the definite and important Islamic contracts. Regarding sale, it should be said that i MoreSale is one of the words that is known as one of the most widely used words in Islamic jurisprudence. Islamic jurists have each defined the nature, pillars and types of sale as one of the definite and important Islamic contracts. Regarding sale, it should be said that in some definitions, the early Imami jurists considered the nature of the exchange of two properties, while the famous Islamic jurists consider its nature as acceptance, which makes the seller the property of the customer and the price the property of the seller. Another point that exists is that in the definitions of late and contemporary Imami jurists, there is a kind of semantic change in the interpretation of sale. From Imam Khomeini's point of view, the elements of ownership and ownership in sale are concepts that have a wide range of concepts, and this is the superiority and distinction of the opinion of Imami jurists over jurists about the truth of sale. On the other hand, from Imam Khomeini's point of view, there are types of sale, the most important of which are mere sale, marriage, absenteeism, greed, goods for goods, generals, adjournments, reciprocity, religion, Murabaha, etc. . On the other hand, the elements of sale from his point of view are: demand and acceptance, buyer and seller, property sold and price in the contract of sale. Also, the characteristics of sale from Imam Khomeini's point of view are: the ownership of the sale, the exchange of the sale, the objectivity of the seller, the necessity of the contract of sale. The type of research method in this article is descriptive-analytical using the library method. Manuscript profile -
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42 - A Comparative Survey of the Conflict between Principle and Apparent Condition in Imāmiyah versus ‘Āmmah Fiqh
mahdi abdar esfahani ehsan aliakbari mohammad ali heidariThe purpose of the present study is the comparative survey of the conflictic between principle and apparent condition from the view of Imāmiyah versus Sunni jurists. The method of study is descriptive-analytic and it aims to find an answer for this question: In the conf MoreThe purpose of the present study is the comparative survey of the conflictic between principle and apparent condition from the view of Imāmiyah versus Sunni jurists. The method of study is descriptive-analytic and it aims to find an answer for this question: In the conflict between principle and apparent condition in Islamic sects, does the first or the latter overrule? Considering different theories from Islamic jurists regarding the priority of either principle or apparent condition, this study has attempted to state the best theory through logical reasoning in this conflict. The main problem in this research is to reach the point that if apparent in apparent condition denotes circumstances and situations, it would not have the potency to overrule the principle because it is the evidence of absolute hunch and so apparent condition is left behind unless that is recognized as valid by religion. Thus, the view of some Shi’ite and Sunni jurists denoting the priority of apparent condition, in terms of expansion and justification of conjecture is nullified. The results indicate that most of Islamic jurists maintain principle overrules apparent condition although some scholars of the religious sects, based on the theory of hindrance, give priority to apparent circumstances. Manuscript profile -
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43 - Polygamy in the Eyes of Feraqayn
نیره محمدعلی ابراهیم سید محمد مهدی احمدی محمدحسین ایراندوستPolygamy is included among the rules and has been recognized by Islamic legal system. The ruling has been predicted for supporting the women having no husband. Quantitative limitations in polygamy and other conditions indicate an expedient and realistic approach for its MorePolygamy is included among the rules and has been recognized by Islamic legal system. The ruling has been predicted for supporting the women having no husband. Quantitative limitations in polygamy and other conditions indicate an expedient and realistic approach for its forgery. Hence, since long Sunni and Imamiyya jurisprudents looked into it by citing verses, narrations and general agreement and have elucidated its legitimacy; in the meantime, it has been disagreed as well. Also, jurisprudents of Feraqayn (sects) by referring to verses recognize condition of justice and financial ability as justified conditions in order to make polygamy happen. Therefore, the article writers elucidating evidence for legitimacy of polygamy in Feraqayn as well as evidence given by those against it deal with condition of justice and affordability as the most fundamental conditions of legitimat polygamy Manuscript profile -
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محمد بیروتی mohamad ahangaran -
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45 - ربررسی فقهی و حقوقی قانون حاکم بر قراردادهای الکترونیکی
Mehdi Mohammadian Amiri علیرضا عسگری سید محمدمهدی احمدی سید حسن عابدیانمقاله ی حاضر به موضوع قانون حاکم بر قراردادهای الکترونیکی میپردازد؛ در هر قراردادی اعم از سنتتی ینا الکترونیکنیم م کنت اسنتمیان متعاملیت بر موضوعی از موضوعات آن قرارداد ایجاد اختلاف گرددم جهت حل اختلاف پدیند آمندلا مزا اسنت مهک نه بنر اسناقانونی به دادرسی پرداخته و به ف Moreمقاله ی حاضر به موضوع قانون حاکم بر قراردادهای الکترونیکی میپردازد؛ در هر قراردادی اعم از سنتتی ینا الکترونیکنیم م کنت اسنتمیان متعاملیت بر موضوعی از موضوعات آن قرارداد ایجاد اختلاف گرددم جهت حل اختلاف پدیند آمندلا مزا اسنت مهک نه بنر اسناقانونی به دادرسی پرداخته و به فصل مخاص ه بپردازد. مهل نزاع مقاله در جایی است که متعاملیت در قرارداد الکترونیکیم یکی ایراننی ودیگری خارجی باشدم ایت پرسش ایجاد میگردد: قانون حاکم بر حل مخاص ه در قراردادهای الکترونیکی کداا است؟ ایت کار پژوهشنیمنظری و از نوع تهلیل مهتوا است و با مراجعه به متابع فقهی و حقوقیم سعی در ارائهی پاسخی به پرسش مطروحه خواهیم بود. نتیجهیحاصله از ایت پژوهشم با استتاد به اصل حاک یت قراردادها و اصل حاک یت ارادلا و توافق متعاملیت بر موضنوع واحند و قاعندلا ی فقهنیاقداام قانون حاکم در جایی که متعاملیت از دو ملیت مختلف باشتدم قوانیت بیتال للی بودلا و در متت قنرارداد بایند اینت موضنوع تصنریگردد. اما در صورتی که متعاملیت توافق کتتد قانون یکی از آنها حاکم باشدم یا قانون دیگری را به عتوان قنانون حناکم معرفنی ن ایتندمه ان قانون به عتوان قانون مجری میان آنها خواهد بود. Manuscript profile -
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46 - تجسس از منظر فقه امامیه
محمد انارکی تودشکی مریم آقایی بجستانی محمد روحانی مقدم -
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47 - بررسی نظرات فقهی امامیه و اهل سنت در باب حکم طواف کودکان در حج
مهین راوند حسین احمری علی شیعه علی -
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48 - نگاه مذاهب امامیه وحنفیه به کفر و ارتداددرارث
ریحانه فرشتیان علی واعظ طبسی رضا عباس پور -
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49 - بررسی تاریخی نهاد حسبه در فقه امامیه و حقوق ایران
ذوالفقار حق پرست جواد پنجه پور سیامک بهارلویی -
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50 - مسئولیت انگاری ناشی از عملیات ورزشی از منظر حقوق مدنی و فقه امامیه
مصطفی باقری محمد ادیبی مهر احمدرضا بهنیافر -
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51 - A comparative study of the rule of negation of mustache from the point of view of Imamiyyah and Sunni jurists
Hossein Bakhshi shahrokh abadi Alireza Askari Seyyed Mohammad Mehdi AhmadiIn this research, it is devoted to the study of "the application of the rule of negation of mustache from the viewpoint of Shiite and Sunni scholars".The findings of the research indicate that the rules and principles of the Imami jurisprudence and the jurisprudence of MoreIn this research, it is devoted to the study of "the application of the rule of negation of mustache from the viewpoint of Shiite and Sunni scholars".The findings of the research indicate that the rules and principles of the Imami jurisprudence and the jurisprudence of the four Sunni sects regarding the issue of the rule of negation of the mustache, the principle of adherence to agreements and treaties, the rule of invitation, the rule of intimacy and brotherhood in relation to Islamic countries, peace Izzat Madar, the principle of preserving the system, Dar al-Islam and Jihad, and the viewpoints and points of view and the quality of reasoning were mentioned along with the mention of their evidence, and to reach the views of the jurists of the two religions, drawing rules and principles for it is very helpful.The results of the research showed that the Sunni experts said about the concept of negation of the mustache, the meaning of the negation of the mustache is the negation of proof and argument for the unbelievers on the Day of Judgment. Some said that it is negating the power that can destroy the government and the faith of the believers. Some said it is negation of enemies' rule; provided that they do not advise each other to falsehood, and give up evil deeds, and repent of their sins, and some have expressed another meaning. In Shia, according to Ibn Abbas and Yasa Hazrami, Manuscript profile -
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52 - Repentance in Iranian criminal law, Imamiyyah and public jurisprudence
دکتر حیدرنژاد ali forotaniAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Method MoreAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Methodology: This qualitative research made use of descriptive-analytical method and was library-based.Findings: Islamic schools have agreed on the fall of the afterlife punishment in case of repentance, but there are differences of opinion regarding the fall of the worldly punishment. Although public jurists have not paid attention to the quality and conditions of repentance compared to Shia jurists, differences are evident in some jurisprudence texts between the four Arbaah differences. Sunni jurists believe that repentance before arrest is the reason for the reduction of the punishment, but there are dissimilar opinion in other extreme crimes, because some people, citing verses, traditions and analogy of priority, have considered repentance as the reason for the reduction of other punishments, except for the punishment of muharibeh.Conclusion: From the point of view of the Islamic Penal Code of 2013, repentance only causes the fall of punishments that have the aspect of pure divine right and has no effect on the rights of people; therefore, in Qazf and Muharebeh, after proving and mastering the criminal, repentance does not cause the reduction and fall of the punishment. The legislator's innovation in separating punishment crimes according to the degrees of severity and weakness and punishment and accepting the effect of repentance only in light crimes lacks justified grounds and legal balances and is against Sharia rules and in the position of expression. Manuscript profile -
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53 - Theoretical and Jurisprudential Foundations of Protection of Intellectual Property Rights
Morteza soleymani Porlak kiomars kalantari reza nasirilarimi -
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54 - Gharari marriage and its effect on marriage from the perspective of imami and Hanfi jurists
jamshid Abdoyi Reza RanjbarContext and purpose: There are two general and specific readings about the rule of negation. For this reason, three jurisprudential views have been formed regarding the scope of the rule of negation of gharr: The first view considers negation of gharr as abbreviated to MoreContext and purpose: There are two general and specific readings about the rule of negation. For this reason, three jurisprudential views have been formed regarding the scope of the rule of negation of gharr: The first view considers negation of gharr as abbreviated to sale and lease, the second view considers barter contracts as subject to the provisions of negation of gharr, the third view accepts the application of the rule and negation . Gharar is considered necessary in all contracts. As a result of this disagreement, the question is whether gharar is prohibited from the marriage contract or not. Considering that there is a difference in the nature of the marriage contract among the jurists, the purpose of the present study is to examine the nature of the marriage contract and explain the effects of the Gharari contract in the view of Imamiyyah and Hanafiyyah jurists. Materials and methods: This research is of a theoretical type, the research method is descriptive-analytical, and the method of collecting information is a library, and it was done by referring to documents, books and articles. Ethical considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. Findings: The findings of the present research show that gharar is included in the dowry in the marriage contract and is not in the marriage contract itself, because the marriage is a contract that is not invalidated by the unknown exchange, and the Hanafi jurists include gharar in the dowry in a figurative way. have known that there is ignorance in the form of dowry. Result: To determine the position of gharar in marriage, we must first explain and specify the month of the marriage contract. There are two views in this regard. For they know A marriage contract is also necessary and necessary, in contrast to some people, considering the sanctity of the family institution and its importance, and the discovery of the legality of the marriage contract, it is not merely a contract of exchange, and it is not possible to exchange dowry, for example. Manuscript profile -
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55 - Family structure in the Qur'an and hadith with emphasis on the parent-child relationship
Mohammad NasehiFamily sociologists have considered various concepts such as distribution of power, decision-making aspects, family roles, duties of members, etc. to analyze the structure of the family and define and explain its types and patterns. The present study, in the form of a d MoreFamily sociologists have considered various concepts such as distribution of power, decision-making aspects, family roles, duties of members, etc. to analyze the structure of the family and define and explain its types and patterns. The present study, in the form of a descriptive study and looking at the definitions and terms of family sociology knowledge, tries to describe and identify the family structure and its pattern by focusing on family roles and the corresponding rights and duties of the members, especially in the parent-child relationship. The study of the verses of the Holy Quran and the Hadiths of the Ahl al-Bayt (PBAH) in the earlier sources of narrations, relying on the views of earlier commentators such as Tusi and Tabrisi, defines a kind of "father-centered family" as opposed to the "Patriarchal family". Various issues such as alimony, guardianship, custody, consent, elder son status, retribution and punishment for slander, paternalism and patrilineality are important issues in the relationship between parents and children that the ruling system of each describes such a structure. Manuscript profile -
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56 - 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 -
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57 - The jurisprudential and criminological analysis of the violence of football spectators
Majid Aghaei ali saffaryThe present study, by describing violence and rapprochement, examines the views of biomedical criminologists and immigrant audiences in relation to the violence of football spectators. The basic issue of the violence of football spectators and the explanation of crimino MoreThe present study, by describing violence and rapprochement, examines the views of biomedical criminologists and immigrant audiences in relation to the violence of football spectators. The basic issue of the violence of football spectators and the explanation of criminological biology and jurisprudential theories about the violence of spectators in soccer is the suppression of biological views. The liberalism of transversalism Rationality and empiricism are the key to the attitudes of biocriminologists. Most of these opinions are related to the criminalization of individuals and the perceived violence of soccer spectators as a safety valve in the evacuation of instinctive devastating excitement which, if not evacuated to psychological illness, leads to the imamiyah, while paying attention to the material and emotional aspects of mankind and to eliminates the power of sports and non-violence. Soccer fans, with a keen heartbeat of respect for the wisdom of the people and the violence of the spectators, will be acceptable to the general government and the ambitions of the american ambassadors will be accepted.The Qur'an, as a human book and criminology as an anthropological science in the analysis of violence, can be a reflection of the thoughts of soccer fans to compensate for the criminological defects of violence. Manuscript profile -
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58 - the validity of absolute conjecture and its function in the new issues in terms of Imamiyah Jurisprudence
mohammad etemadi hormoz asadikoohbad Sayyed Hassan HosseiniAnalyzing the validity of absolute conjecture in response to the new issues in terms of Imamiyah Jurisprudence Abstract Absolute conjecture is a conjecture that there is no any definitive reason for the conjecture, including rational and narrated reason, except for th MoreAnalyzing the validity of absolute conjecture in response to the new issues in terms of Imamiyah Jurisprudence Abstract Absolute conjecture is a conjecture that there is no any definitive reason for the conjecture, including rational and narrated reason, except for the cause of the great obstruction; as there is no a particular reason for its lack of validity. The great obstruction means: At this time and the same time, it is impossible to obtain the knowledge of sentences and religious duties, because of the lack of access to the holy legislator and obtaining duty; on the other side, it is not possible to leave the duties; so, it is necessary to act based on conjecture and both basic and absolute conjecture have the validity. The current study considers absolute conjecture as the proof by this reasoning, and then, is concluded by expressing the jurisprudence approaches to the new issues and topics as follows: the advancement of science has caused the new issues in human life and wide and complicated social relations, that In the past, there were not these issues and relations and the effects of necessary laws, so the jurisprudent and the . Manuscript profile -
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59 - Examining the place of analogy in Islamic law Imam Khomeini
mahmood haghbejaneb ahmadreza tavakoli mohamadali heidari1004/5000In this research, two main approaches to legitimizing the use of analogy in deducing and extracting Islamic law are among the following: one who believes that analogy leads to the formulation of laws and rules that are not like the Qur'an or other writings; the More1004/5000In this research, two main approaches to legitimizing the use of analogy in deducing and extracting Islamic law are among the following: one who believes that analogy leads to the formulation of laws and rules that are not like the Qur'an or other writings; the group Another is the Imam, who has a different approach to the public, and considers the use of analogy to design new Islamic laws inadequate and incorrect and has replaced other methods. However, in this research, it became clear that the Shi'ites were also used in many cases, and they are used as analogy to the rule of man, the precedence and parity analysis of domains and criteria. There are many examples in Iran's current law in which analogies have been used to derive laws. In this way, it can be seen that, contrary to the theoretical differences, there is a great deal of similarity in the extraction of laws by the analogy between the two groups of the public and the Imamiyah. This research is a vindication of the studies and views that have already been rejected by the Shi'a in their use of analogies, and they disagree with the fundamental analogy for the inference of Islamic law and laws. Manuscript profile -
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60 - Jurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations
farideh tajfar Maryam Aqai Bejestani mohammad rohanyabstractJurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations The insoul of spirit into the fetus is the beginning of the inhalation of the divine spirit in the human body, Which is legally the source of important works. MoreabstractJurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations The insoul of spirit into the fetus is the beginning of the inhalation of the divine spirit in the human body, Which is legally the source of important works. Therefore, it is necessary to address the age of insoul of spirit into the fetus, That has been the subject of some religious law as well, and the scrutiny of the jurists seems necessary. Famous jurisprudents consider the age of the insoul of spirit into the fetus to be 4 months old. But there are opinions about five and six months. In this descriptive-analytical essay, the author, while examining the arguments of all subjects, considers Sheikh Mofid's theory of the insoul of spirit into the fetus to be strong at six months And by referring to the interpretative points of verses 12-14 of Surat al-Mumounon on the stages of creation, he brings the Sheikh's vote is close to reality.. Manuscript profile -
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61 - The nature and effects of Qa-Rar (risk) in transactions in Imamiyyah and Hanafi jurisprudence
Jamshid Abdovi Reza RanjbarQa-Rar in contracts and deals is a deal or a contract that is accompanied by risk, deceit, trickery, negligence, ignorance, deficiency, etc. The present study was conducted with the aim of explaining the nature and effects of Qa-Rar in Imamiyyah and Hanafi jurisprudence MoreQa-Rar in contracts and deals is a deal or a contract that is accompanied by risk, deceit, trickery, negligence, ignorance, deficiency, etc. The present study was conducted with the aim of explaining the nature and effects of Qa-Rar in Imamiyyah and Hanafi jurisprudence. Based on the research results; To realize the Qa-Rar in Hanafi jurisprudence; Gharr should be many and many, Gharr should be originally found in the contract, there should be no necessity and emergency for the contract, Qa-Rar should be in financial contracts. In Imamiyyah jurisprudence, for the realization of gharar in contracts; The fraud must be effective, the fraud must be effective in transactions, the fraud must be to the extent that the transaction is attributed to it, the fraud is effective in the validity of the transaction that is related to its case. Of course, the main difference between the two Hanafi and Imami schools of thought is related to the issue of necessity and urgency. Hanafi scholars believe that the sale of Qa-Rar is a sale that involves ignorance and danger, and the Holy Sharia forbids it and it is impermissible. In Imamiyyah jurisprudence, along with the prohibition of gratuitous contracts, they have also mentioned the sale of a distressed person and considered it abhorrent to deal with a distressed person. However, gratuity is prohibited in Imamiyyah jurisprudence, and if it is not to the extent that one can ignore it, It causes the cancellation of the transaction and contract. Manuscript profile -
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62 - Recognition of the Usage of Customs in the Jurisprudence System
khatereh shahinfard لیلا مهرابی راد Ali TavallaeiConvention is a source of subject laws so that we can consider many cases in the social order to be consequences of the common law or convention. A review of the early Islamic texts indicates that convention has been used as evidence for some minor jurisprudence rules, MoreConvention is a source of subject laws so that we can consider many cases in the social order to be consequences of the common law or convention. A review of the early Islamic texts indicates that convention has been used as evidence for some minor jurisprudence rules, and the theologians of the 2nd century AH have used it in their jurisprudence system. The present article takes a historical approach to review some functions of conventions in the jurisprudence system. The main difference between Imamieh and the Sunnite is the qualification of conventions in jurisprudence. In Imamieh convention is vastly applied to recognize the subject of rules and determine their concepts, limits, and instances. Implied significations are sometimes based on conventional requirements, and convention is always considered worthwhile as a clue to delimitations and determinations required by the jurisprudence expert. Moreover, exploration of jurisprudence based on the common law which is connected to the age of Innocent Imam (PBUH) can be a tradition. It must be reminded that the essential rules of reasoning and contention are discovered or confirmed on the basis of common law or convention.Key words: convention, common law, Sunnite jurisprudence, Imamieh jurisprudence, general custom, special custom Manuscript profile -
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63 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been consi MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate contract. Manuscript profile -
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Rasoul Hamidpour Razian رحیم وکیل زاده حسن موثقی -
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امیر امیدی شبیلوی علیا حمید عیوضی سعید حسن زاده دلگشا -
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66 - A comparative study of the causes of inheritance in “Imami-Shia” jurisprudence with Jewish religion
AliGholi Rashidi سید حسام الدین حسینیSince in the current era with the globalization of Islam, the intensity and speed of the enemies of Islam are increasing day by day and they have not given up any efforts to attack the body of Islam, it is necessary to explain and explain Islamic laws on the basis of ju MoreSince in the current era with the globalization of Islam, the intensity and speed of the enemies of Islam are increasing day by day and they have not given up any efforts to attack the body of Islam, it is necessary to explain and explain Islamic laws on the basis of jurisprudence. It arrives One of the biggest tactics of foreigners is to raise dubious issues in order to make Islam incomplete. Therefore, the comparative method between the Islamic laws of Iran and other religions is the best solution to eliminate doubts. Now the question that is raised is the causes of inheritance in “Imami-Shia” jurisprudence with the Jewish religion and the differences between those two religions. In the basic concepts of inheritance, Islam has many similarities with divine religions, including that the causes of inheritance in divine religions are common, descent and cause (based on kinship). In addition to lineage and reason, Jews also consider Tabani as the cause of inheritance. Adoption (adoptive child) was common even before Islam and was banned by the rules of Islam. The findings of the research indicate that in both religions there is a common point in benefiting from inheritance, in which a man is preferred over a woman and a boy over a girl. Of course, the intensity of this matter is much stronger in Judaism than in “Imami-Shia” jurisprudence. Manuscript profile -
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67 - تحلیل انتقادی تخصیص کرامت انسانی به مؤمن بر اساس فتوای برخی از فقهای امامیه
دکتر ثریا منیری -
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عبدالحمید مفتخر مهران جعفری علی پورجواهری کرم جانی پور -
Open Access Article
69 - Net Marketing in Law and Jurisprudence of Iran
saeed atarzadeh mehdi jalilian adel sarikhaniNet marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, fi MoreNet marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, first, it is tried to introduce this set of marketing and explain the differences between salubrious and insalubrious one, then examine the salubrious one from the Fegh’s view which has been less studied before, and after that to criticize and examine salubrious net marketing sort from the Fegh’ view. Finally, the assumption that salubrious net marketing is impeccable from the Fegh’s view and can be a sort of Reward contract, and that salubrious one has miscellaneous drawbacks and is sinful and forbidden activity is established, and these two net marketing is precisely analyzed a piece from our criminal law system’s view. Manuscript profile -
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70 - Commitment Independence of Goods Compliance with Pledge from Commitment to Deliver Based on International Convention of Exchange of Goods (Vienna 1980) and Imamiyeh Jurisprudence
mirghasem jafarzadeh fakhrollah molaeiNon-conformity of the goods with the contract is one of the major claims set forth in the International Arbitration Courts. Vienna 1980 International Convention of selling goods has paid attention to it to stabilize and prevent disruption of commercial contracts and has MoreNon-conformity of the goods with the contract is one of the major claims set forth in the International Arbitration Courts. Vienna 1980 International Convention of selling goods has paid attention to it to stabilize and prevent disruption of commercial contracts and has separated obligation of compliance of goods with pledge from the obligation of delivery as a uniform global rule to comprehensively support the two parties, specially the buyer. That is, the contract is revocable merely on abuse of delivery. But in case of violation of the commitment to compliance, the buyer has no right to terminate and can require the seller to modify or replace the goods with the items set forth in the contract. This separation can be inferred through considering materials 31 and 35 of the Convention. This research addresses the necessity of the separation and its practical uses and then compares it with the views of Imamiah jurisprudents. The separation plan of compliance obligations from the commitment to deliver has been the focus of attention by jurisprudents as “the qualities and conditions of the Contract Law†around which different opinions have been expressed. Imam Khomeini, among other jurisprudents, explicitly recognizes the independence of the requirements of the contract law from the contract itself. On the other hand, although most jurisprudents believe in the inseparability of the requirements of the contract law and the contract, the vast majority of them believe in the separation and segregation based on the rulings on either one and consider the commitment to contract law requirements as compulsory. Manuscript profile -
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71 - The Passenger Prayer in Quadruplet Holy Stead from the Imamiah Jurists' Viewpoints
Sedigheh mosadegh sedghi ashraf ghanbariIt is clear that one hasn't decision to stay in a place for ten days‚ his prayer is fraction (QhÄsr). But in this subject is exception for example praying in Quadruplet Holy stead (MÄkah‚ MÄdinah‚ MÄsjÑ—d KÅ«fah‚ HaÑ—r Hosein) ‚ that in this occasion was v MoreIt is clear that one hasn't decision to stay in a place for ten days‚ his prayer is fraction (QhÄsr). But in this subject is exception for example praying in Quadruplet Holy stead (MÄkah‚ MÄdinah‚ MÄsjÑ—d KÅ«fah‚ HaÑ—r Hosein) ‚ that in this occasion was very logical debating. Wherever the words of Shiite Jurists in this subject is diverse so were studied the ambiguous words in this article. Undauntedly the fountain of those differences in verdicts of jurists in those subjects is in the variation of deduction from stories & proofs. The verdicts of jurists were cleaved to three groups. Some of them were believed to fraction of prayer & the other group was believed to end of prayer & the tertiary group was believe to option & rather to end of prayer in those places. So the opinions of any groups were culled after the study visionary deeds. Manuscript profile -
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72 - Song Interpretation and its Precept
mohammad shafiei mazandaraniTo hear song and desirable music is not forbidden, but songs of musician which attract specially would be illegal. In this article, the author presents general reasons of musician's song respect and major problems of it. He also asserts that important reasons of song pr MoreTo hear song and desirable music is not forbidden, but songs of musician which attract specially would be illegal. In this article, the author presents general reasons of musician's song respect and major problems of it. He also asserts that important reasons of song prohibition are Quran, tradition, consensus and wisdom. Then he explains the secrets of song prohibition and expresses its exceptions too. Manuscript profile -
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73 - Judicial Study of Blood Money Considering the Present-time Conditions
Mahmoud Aghajani Ahmad Abedini mohammadali heidari Nadali AshooriThis research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or n MoreThis research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or not? Or is it logical that the slaughterer have arbitrary choice over these six forms of payment? According to Shiite Religious Jurisprudents’ fatwa and the Words, the blood money of manslaughter of a Muslim male is said to be in one of the six forms (camel, ox, sheep, Dirham, Dinar, Yamani Hilla). The most prominent Shiite religious jurisprudents believe that the slaughterer is free to choose among these said forms, but the results of this study shows firstly that these six forms of blood money payment are not valid at the present time, rather, what was intended by the religious lawgiver had been some amount of money determined by the Islamic ruler in accordance with Sharia’s references and the era’s conditions to be paid to the slaughtered in order to prevent the blood of a Muslim going to waste, secondly that the arbitrary choice of slaughterer in the form of payment is not logical at present conditions. So it is recommended that the amount of blood money and the arbitrary choice of the slaughterer be revised by the Shiite religious jurisprudents with religious deducing according to present time conditions. The method of this study is descriptive-analytical in which the necessary information has been gathered by studying The Words and reviewing some of the prominent Shiite’s religious jurisprudents verdict on manslaughter’s blood money Manuscript profile -
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74 - investigating the phenomenon land speculation take a look at imami jurisprudence
ROHOLLAH NIAZAZARI mahmoud ghauomzade saeid atazadehThe phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the pr MoreThe phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the property of natural and legal persons in any way is condemned under several verses and hadiths and in the words of jurists in the form of jurisprudential rules this issue has been written. Examining the provisions of well-known rules such as harmlessness, sanctity of false property, respect for Muslim property, pride, usurpation, etc., which are sometimes the basis of various laws in the financial, economic and social relations of the Islamic society, are the concern of the Shari'a. It also proves the necessity of studying and explaining efficient laws in this emerging issue in the first way. This article seeks to determine the undeniable necessities in the intellectual stream of Imami jurisprudence, the formulation of an independent crime, the mapping of the correct path of supervision, the identification of areas and openings for the expansion of this harmful phenomenon in society, which should be in the form of laws. The text should be revised and implemented by the legislator of the Islamic government with the utmost care and delicacy Manuscript profile -
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75 - Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader
Valiollah Hedarnejad Mahmod Jamal-aldin ZanjaniAfter the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the consti MoreAfter the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the constitution, it becomes clear that the withdrawal is meant to be the same as the so-called resignation which must be approved by the Assembly of Leadership Experts. However, the lack of anticipation of the mechanism for the resignation of the Supreme Leader, authority for its acceptance and its quorum in the Constitution and the internal regulations of the Assembly of Leadership Experts is a source of criticism. From the point of view of Imamiyyah jurists, leadership (velayah) is one of the categories of decrees, so it cannot be revoked and handed over and it is not possible for the ruler to resign. On the other hand, acceptance and continuation of the position of Velayat-e-Faqih is a religious duty. If the position of Velayat-e-Amr is determined in a single and specific person, the obligation of Velayat-e-Amr will be an imperative obligation and he can not refrain from continuing it. However, if there are numerous people who are qualified and leadership is not exclusively assigned to a specific person, and the resignation of the leader does not have a corrupt consequence in the maintaining of the system and is not against the interests of the Islamic society, after the approval of the Assembly of Leadership Experts, resignation of the leader is possible. A governmental study of the life of Imam Ali (PBUH) also shows that in the most difficult circumstances, as a divine duty, he was in charge of the Islamic society with strength, submission and leadership, and the doubt in his resignation from the government after the third caliph is lacking in prestige. There is no consensus among Sunnis on the permission and posibility of the caliph's resignation, but generally the permission to resign has not been accepted in the first place, and it is generally held that the resignation of the caliph is not permissible if there is no one to replace him. The caliph is restricted even among Sunnis. Manuscript profile -
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76 - Functions and territory of the people's participation and Non governmental organizations in the criminal prosecution process based on Imamiyah jurisprudence
rouzbeh asghari hasan hajitabar firozjaee Abolhasan ShakeriThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the crimi MoreThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the criminal justice system in preventing delinquency by resorting to unilateral and repressive approaches led scholars of the criminal rights to think about the policies of "non-intervention of criminal rights" or in its modified form, "limiting its intervention in the criminal process" and instead of that, introducing more people and social institutions.The conclusion of the research is that Iran's criminal justice system influenced by the developments of criminal sciences and inspired by the basics of jurisprudential and trusted by civil society and in order to take advantage of popular participation capacity and social institutions, proceed to predicting institutions such as criminal mediation, recognizing non-govermental organizations and alternative penalties.This matter in Imamiyah jurisprudence as the main source of Iran's criminal law has emerged obviously in all stages of criminal proceedings, even before conducting the criminal process. Manuscript profile -
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77 - Comparative Analysis of Self-defense in Imami Jurisprudence and International Law
Seyyed Hossein Hosseini Zandabadi Ahamd Abedini Nad Ali Ashouri Reza AbbasianDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deal MoreDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deals with the persecution of his soul, personality and reputation. Defending in Islamic jurisprudence and international law has such conditions as the adequacy of defense with danger, military and armed aggression. These two sources are looked differently in some cases. Islam in some cases not only defines the defense as a kind of right but an obligatory duty. And the martyr is introduced as a person who is killed in the defense of privacy. However, it emphasizes the right in some contextual interpretations. The convergence and divergence of the principles of Islam with the foundations of the West begin from this point which is debatable in this study. Manuscript profile -
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78 - Studying the Degree of Punishment, Discretionary Correction and Discipline of Child According to Shiite Jurisprudence
Nasrollah Shameli Ehsan Aliakbari Babokani Mohsen ShakeryShiite jurisprudence does not prohibited the punishment of child in general. But due to certain circumstances, the ban is lifted. However, the preliminary sentence of child punishment is sanctity, only has some exceptions in specific circumstances. Exception of child pu MoreShiite jurisprudence does not prohibited the punishment of child in general. But due to certain circumstances, the ban is lifted. However, the preliminary sentence of child punishment is sanctity, only has some exceptions in specific circumstances. Exception of child punishment is under two general terms including discretionary correction and correction. Although most of the Islamic scholars did not separate this two general terms in the corporal punishment of children, it seems necessary in some cases to separate these two groups, because the cases, the conditions and many accessories of this two general terms are different and the separation of these two terms hasn’t any significant practical results. Moreover, since Islamic scholars haven’t argued within the issue, many of the terms and conditions including corporal punishment of children, the quality, level and the persons who have the right of punishment have not been investigated in the texts of jurisprudence. Manuscript profile -
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79 - A Comparative Study of the Principles and Impact of Faith on the Validity of Witness in the Five Jurisprudences
Ali Khaleghi davood seify Qasem Islaminia,Testimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justic MoreTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justice systems, and especially Islam, have seen as necessary. One of these complex circumstances, which has various interpretations of the difference between Islam and Shi'a and Sunni faith. Assuming the other conditions of testimony, the concept of faith and its effect on the acceptance of witness testimony from the viewpoint of the two great Islamic sects, determines the quality of the encounters of the judicial system of Iran and other Islamic countries with intuitions that have a different religious or similar to the apparent opposition. A closer look at the Sunni and Shiite principles and documents reveals that there are differences between religions in the concept of faith and the rejection of the martyrdom of infidels and Christians. The Hanafi and Hanbali religions absolutely accept Christian and Jewish martyrdom among themselves, but other religions have only permitted the martyrdom of the People of the Book in their wills; Therefore, the main difference of opinion is in accepting the testimony of a Shiite. In this regard, Hanbali and Maliki, with their own definition of faith, have commented on the absolute rejection of Shiite martyrdom; But in contrast to the Hanafi and Shafi'i religions, they have taken a milder view. Among the Imami jurists, unlike the old jurists who categorically reject the martyrdom of the Sunnis, contemporary jurists consider the martyrdom of a Sunni to be valid; That such a theory is more in line with the basic criterion for accepting testimony, namely the ability to discover the truth and the degree of truthfulness in legal systems. This paper attempts to discover the Persian point of view of acceptance or rejection of martyrdom in those claims that exist between witnesses in terms of religious orientation. Manuscript profile -
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80 - A Comparative Study of the Principles and Impact of Faith on the Validity of Witness in the Five Jurisprudence
Ali KHaleghi davood seify GHasem Eslami niyaTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justic MoreTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justice systems, and especially Islam, have seen as necessary. One of these complex circumstances, which has various interpretations of the difference between Islam and Shi'a and Sunni faith. Assuming the other conditions of testimony, the concept of faith and its effect on the acceptance of witness testimony from the viewpoint of the two great Islamic sects, determines the quality of the encounters of the judicial system of Iran and other Islamic countries with intuitions that have a different religious or similar to the apparent opposition. A closer look at the Sunni and Shiite principles and documents reveals that there are differences between religions in the concept of faith and the rejection of the martyrdom of infidels and Christians. The Hanafi and Hanbali religions absolutely accept Christian and Jewish martyrdom among themselves, but other religions have only permitted the martyrdom of the People of the Book in their wills; therefore, the main difference of opinion is in accepting the testimony of a Shiite. In this regard, Hanbali and Maliki, with their own definition of faith, have commented on the absolute rejection of Shiite martyrdom; but in contrast to the Hanafi and Shafi'i religions, they have taken a milder view. Among the Imami jurists, unlike the old jurists who categorically reject the martyrdom of the Sunnis, contemporary jurists consider the martyrdom of a Sunni to be valid; That such a theory is more in line with the basic criterion for accepting testimony, namely the ability to discover the truth and the degree of truthfulness in legal systems. This paper attempts to discover the Persian point of view of acceptance or rejection of martyrdom in those claims that exist between witnesses and witnessee in terms of religious or religious orientation. Manuscript profile -
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81 - A Feasibility Study of Plurality of Authorities in the Age of Nations-States in the Views of Imamiyeh Jurisprudence and International Law System
Mahdieh Zarea KHormizi Sayyad Mohammad Haydari KHormizi Ebrahim YaghotiAccording to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authorit MoreAccording to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authoritative guardianship position, however, in the contemporary world, due to political considerations, an all-inclusive borderless guardianship of jurist over Muslims is challenged by international law system. Thus, the current research is an attempt to study the feasibility of the polarity of authorities in the age of nations-states and then develop a strategy which helps the goals of the guardianship system of jurists fulfilled. It is concluded that, there is not any inherent limitation in Imamiyeh jurisprudence for applying absolute authority but its feasibility beyond borders is challenged by political impediments (also called international legal system). Thus, considering these limitations, the theory of plurality of authorities is not only beyond the boundaries of flaw but also serves as the best strategy for fulfillment of new Islamic civilization. Manuscript profile -
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82 - Analytical Study of Severity to Proving Crimes in Fiqh Imamiyah
Soraya Moniri Rahim Vakilzadeh In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Is More In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Islamic Sharia tries, due to this remedy, to use the firmest reasons as positive reasons of crimes in order to, in the one hand, the vice and the ugliness which happen in the society to be hidden and reputation of people that is one of the purposes of Islamic Sharia to be reserved not to be stained and their sanctity no to be easily destroyed and their human generosity is reserved. On the other hand, the spreading corruption and ugliness are prevented in the society. It is because revealing and discovering crimes are accompanied with publishing related news. As a result, if the news about the occurrence of crimes are repeatedly published among people, the greatness of crimes are reduced and indecency and ugliness of crimes are cleared form their minds. As a result, this makes contamination to the crimes easy and simple and this is the most dangerous phenomenon which threatens the security and organization of the society. Manuscript profile -
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83 - Jurisprudential analysis of the grounds for the criminalization of holding the satellite equipments
Vahid Zarei SHarifThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurispr MoreThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurisprudential justification? The two categories of legal jurisprudence agreement and opposition was investigated and verified. The result was that holding the satellite equipments is not religiously prohibited, but sometimes needed. Therefore, its criminalization in general, is forbidding the Solomon of God, closing down the path of God, violating the principle of respect for people’s property and the limits of citizenship freedom, and as a result, it is forbidden. But the use of vulgar, obscence or blasphemous, and in general, illegal use of satellite technologies by seeing, hearing, reading, etc., if not causes illegimate harm or harass to another, is religiously prohibited, but not a crime, and if it causes illegimate harm or harass to another, it is both prohibited and crime, and in other cases, it is neither unlawful nor a crime. If the effects of illegal behavior is limited in the privacy of the offender, privacy is immune of criminalization. Manuscript profile -
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84 - Legal challenges against the principle of legality of crime and punishment in Iran in the light of Imamiyah jurisprudence standards
seyyed Ebrahid Ghodsi Mosayyed GHadami AzizabadSince Islam is a religion of mercy, punishing people without informing them of his commands and orders is against the mercy and dignity that God has placed in the nature of mankind. The conclusion is that in Islamic jurisprudence, especially Imamiyah jurisprudence, many MoreSince Islam is a religion of mercy, punishing people without informing them of his commands and orders is against the mercy and dignity that God has placed in the nature of mankind. The conclusion is that in Islamic jurisprudence, especially Imamiyah jurisprudence, many principles and foundations are available to the people from the side of the jurists and their inferences from jurisprudential sources regarding the prohibition of the punishment without notification and notice, such as "shamefulness of punishment without the declaration of law", "the presumption of innocence" etc. The purpose of this notice in modern criminal law is to ensure the peace of mind and preserve the human dignity of accused persons, so that in the shadow of this principle, on the one hand, they will not be condemned without reason and only based on suspicion and the other hand, their punishment under the disobedience of the judges should not be more than what they deserve. The scope and content of the principle of notifying the obliges of their obligations to punish them in Imamiyyah jurisprudence are certainly clearer and more comprehensive than the principle of legality of crime and punishment because the principle of stating the obligation is not only about issuing it but also about receiving it while in law, the principle of awareness is placed on the issue of law. In the criminal law of Iran, although this principle has been accepted in principle despite the rich source of Islamic jurisprudence, in several cases, especially in the Islamic Penal Code approved in 2013 and the regulations of the courts and special clerical courts approved in 1990 amended in 2005, it has been conspicuously ignored Manuscript profile -
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85 - The right of Shofeh in movable and immovable property indivisible in Imami jurisprudence
dawood nassiran mohammadreza kazemi nafchi sayyedmohammadhadi Mahdavi reza abbasianToday, according to the law and the opinion of some jurists, intercession is valid only in divisible immovable property and is not permissible in indivisible movable and immovable property. The present study was conducted by descriptive-analytical method and seeks to an MoreToday, according to the law and the opinion of some jurists, intercession is valid only in divisible immovable property and is not permissible in indivisible movable and immovable property. The present study was conducted by descriptive-analytical method and seeks to answer questions such as; "What is the jurisprudential ruling of intercession on movable and immovable property, which cannot be divided according to the four jurisprudential arguments in Imami jurisprudence?" In the verses of the Holy Qur'an, intercession is not used in its idiomatic sense. The narrations of the second category do not have the ability to conflict with the narrations of the first category in terms of authenticity. Regarding the reason of reason, it should be said that the existential nature of preference is based on three principles; The first principle; The no-harm rule is the second principle of the sanctity of the Muslim property and the third principle is the related rule. Manuscript profile -
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86 - A comparison and coparative study of the theory of guardianship from the point of view of Imamieh Shiite and Atash_Beigi dynasty.
mahmoud alvari Mehdi Ansari AliAkbar khedrizadehThe issue of guardianship is one of the important issues of the Imamieh Shiite religion.As this religion revolves around the axis of the guardianship and forms its basis.The issue of guardianship in Imamieh Shiite is tied to the Imamate and includes a generality that in MoreThe issue of guardianship is one of the important issues of the Imamieh Shiite religion.As this religion revolves around the axis of the guardianship and forms its basis.The issue of guardianship in Imamieh Shiite is tied to the Imamate and includes a generality that includes the guardianship and Imamte of the twelve Imams.Ahle-Hagh is one of the religious- Shiite sects and schools with a mystical oriantation and includes eleven dynasties ,which the Atash-Beigi dynasty is considered from the famous dynasties of Ahle-Hagh. The gardianship perception as an important and fundemental principle in the thought of Atash-Beigi dynasty,which has been manifested since the beginig of creation and the processes of genesis of the existence ,the guardianship and manifestation of Imam Ali has been manifested and manifested in different periods.A comparision and comparative study with descriptive-analitycal method of Imamiehs' view with the view of Ahle-Hagh and Atash-Beigi dynasty about the guardianship has been the aim of this research.The result of the research indicate that there ara many similarities and affinities between these views a bout the guardianship. Manuscript profile -
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87 - کنکاشی پیرامون پایه های قدرت شاه اسماعیل صفوی
دکتر حمیدرضا صفاکیش -
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88 - Rethinking the criminal policy of Imami criminal jurisprudence against political crimes )With an approach to crimes: prostitution, moharebeh and apostasy (
mohsen moosavifar kazem khosraviDifferent penal systems have different reactions to crime and perversion; Some legal systems, by distinguishing between the concept of crime and deviation and relying on the principle of minimal criminal law, avoid criminal responses to deviations and respond equally to MoreDifferent penal systems have different reactions to crime and perversion; Some legal systems, by distinguishing between the concept of crime and deviation and relying on the principle of minimal criminal law, avoid criminal responses to deviations and respond equally to society and its civil institutions. Conversely, systems with pervasive authoritarian criminal policies do not accept this distinction and respond to deviations in a criminal and repressive manner based on maximum intervention and criminalization. The criminal policy of Imami criminal jurisprudence regarding the criminalization of the extreme criminal titles: fornication, moharebeh and apostasy, which are also considered to be included in the title of political crime, is in which of the mentioned tendencies? The present article, by examining these topics, in the sources and texts of Imami criminal jurisprudence, based on the principles of jurisprudence, intends to achieve it. The study reports the conclusion that the Islamic penal system is based on narrowing the scope of criminalization of the criminal titles of the limit: adultery, moharebeh and apostasy, and as long as the speech and behavior of individuals, only the expression and Do not go beyond expressing an opinion contrary to Islamic rule, it is not included in the mentioned criminal titles. Manuscript profile -
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89 - Evolution of Shiite Narrative Jurisprudence in the Second to Fourth Centuries AH; Backgrounds and Factors
Ali MehmanNavazImami hadith has experienced evolutions over time. The evolution of Imami thought from the period of Ahl al-Bayt and its transfer from Kufa to Baghdad and then Qom, has had various ups and downs. Hadith centers and the currents affecting each of the centers are among th MoreImami hadith has experienced evolutions over time. The evolution of Imami thought from the period of Ahl al-Bayt and its transfer from Kufa to Baghdad and then Qom, has had various ups and downs. Hadith centers and the currents affecting each of the centers are among the factors for creating different tendencies among the thinkers of the first centuries. In this regard, an attempt has been made to consider various hadith approaches of different centers which have resulted in the characteristics of each region, and to show its effects on the differences in jurisprudential attitudes. What is more, the prevailing currents in each of the centers have been able to affect the methods applied in narrating and understanding the hadith and, consequently, affected the diversity of jurisprudential opinions. Therefore, by observing the dominant currents in each region, the author has analyzed the connection of each current with the discourse derived from the hadith and narration schools of that era, and finally, its effects on jurisprudential positions have been investigated. Manuscript profile -
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90 - An investigation of the Rāfīḍa meaning into the Islamic traditions in the first three centuries
Heydar DabbaghiThe word Rāfīḍa is seen abundant into books' Muslims. The term Rāfīḍa has been used about Shiite numerous. That term has been used as a title for cursing Shiite into society. The usage of that term developed over time and became a special tag for the Imāmiyya gradually. MoreThe word Rāfīḍa is seen abundant into books' Muslims. The term Rāfīḍa has been used about Shiite numerous. That term has been used as a title for cursing Shiite into society. The usage of that term developed over time and became a special tag for the Imāmiyya gradually. This article tried to use the describing - analyzing method and common Rijal, Hadith, and Historical ways for analyzing of the Rāfīḍa meaning into the accounts. The main subject of the article is to discover the term Rāfīḍa meaning into the traditions of the sources of the traditions in the first three centuries and to prove the idea what the Rāfīḍa was a title of a theological movement that it has made by Ghulāt and extremist Shiites. It has invented by the Marwanid and was used to repel the Shiites. That event began by relating the traditions’ Prophet Mohammad (AS) and versus the Shiites responded it by remake the Rafḍ meaning and they related some traditions of the Imams (AS). Manuscript profile -
Open Access Article
91 - Text(Nass) on Imamate before the Great Occultation
Alireza Fakherzad ghasemali kouchnaniOne of the theories that come up when examining the history of the Shia religion is the theory of the historical development of this religion. Based on this theory the principles of the Imamate theory, which is a part of the characteristics of the Imam from the Shiite p MoreOne of the theories that come up when examining the history of the Shia religion is the theory of the historical development of this religion. Based on this theory the principles of the Imamate theory, which is a part of the characteristics of the Imam from the Shiite point of view, have been gradually formed throughout history and have reached their present evolution. One of these features that Shia believe in is the text on imamate , which according to the theory of the historical development of imamate, this feature has also gradually evolved after during the presence of Imams . And it has been proposed as one of the principles of Imamate theory in Shia religion. Based on this, it is necessary to discuss the text on imamate as one of the characteristics of the imam among the Shiites during the time of the Prophet and the Imams in order to first prove that this theory was one of the theories proposed at that time. and secondly, the text on imamate, is one of the teachings of the Prophet and the imams after him, and was also considered by Shia theologians at the time of his presence, and the theory of historical development of Imamate and its foundations, including the text on Imamate, is not a correct theory and in accordance with reality. Manuscript profile -
Open Access Article
92 - Evaluating the Relevance of the Idiomatic Concept of Imamate in the Verse of Ibrahim's Test Based on Shia Narratives
kazem ostadi Historically, the most important issue discussed by Muslims after the Prophet (pbuh) is the issue of Imamate, and thinkers have cited theological, historical and verses of the Holy Qur'an to prove the issue of Imamate and succession of the Prophet ( More Historically, the most important issue discussed by Muslims after the Prophet (pbuh) is the issue of Imamate, and thinkers have cited theological, historical and verses of the Holy Qur'an to prove the issue of Imamate and succession of the Prophet (pbuh), one of the most important of these verses is the verse of the test of Prophet Ibrahim (as) or the verse of Imamate. On the other hand, two methods can be followed to investigate the Imamate issue: 1- Explaining the concept of imamate by means of Quranic verses with previous coordinates in the beginning of Islam. 2- Explaining the concept of imamate by means of Quranic verses with coordinates and concepts created later and new. Therefore, it is necessary to clarify the status of references to the verse of Ibrahim's test for the issue of Imamate in the narratives of Imamiyyah. In the upcoming research, hadiths about the test verse of Ibrahim have been discussed, according to these questions: "1- Regarding the verse of Ibrahim's test, how many narratives of the infallible Imams (as) are mentioned in hadith and narrative sources? 2- What is the status of their textual content and the similarity and repetition of narrations about the verse of Ibrahim's test? 3- Are the narratives about Ibrahim's test related to the issue of imamate in today's common sense and do they support this issue? Finally, it became clear that there are few hadiths about verse 124 of Baqarah, of course, most of them (except for a few cases that are doubtful) do not mention the issue of public imamate, especially for us contemporary Shiites; and in a way, the narratives are interpretations with a separate subject from the principle of Imamate. Manuscript profile -
Open Access Article
93 - تاملی بر سیاست کیفری جمهوری اسلامی ایران نسبت به جرائم زیست محیطی در پرتو آموزه های فقه امامیه
محمد حاجی قاسمی اردبیلی علیرضا میلانی -
Open Access Article
94 - Investigation of false mysticism from the perspective of Imami jurisprudence
marziyeh shafiee Faezeh MoqtadaeeAbstract: In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this resear MoreAbstract: In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this research, which was carried out with a descriptive-analytical method, along with the introduction of emerging mysticisms, jurisprudence and methods of dealing with these deviant currents were discussed. The findings of the research indicated that false mysticism is a way and method or a school that moves in a direction other than reaching true perfection by using mystical methods. Emerging false mysticisms with belief in manifestations of disbelief and atheism, such as dissolution, reincarnation, assignment, immorality, and some of the principles and branches of the holy religion of Islam, have arisen in conflict with the holy religion of Islam. False mysticism, unlike true mysticism with wrong methods, entertains people with worldly and imaginary affairs instead of reaching the truth of the world and God of existence. According to the famous opinion of the famous Imami jurists, there is no Shariah permission for the activity of false mystics. Also, the basics of fighting against false mysticism, "apostasy", and "heresy" are found in the Holy Qur'an and inspired by the life of the Great Prophet (pbuh) and the Imams (pbuh). Manuscript profile -
Open Access Article
95 - s
Marziyah Dashti Qarih Tappeh Yuness Wahed Yarijan Fahimah Malekzadeh -
Open Access Article
96 - The effects of the dissolving condition in the legal system of Islamic countries according to Imamiyeh jurisprudence
hosein gafari samet mahshid sadat tabaei javad niknehadField and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual w MoreField and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual ways to balance the rights of the parties is to use It is a dissolving condition, which as a condition of the void condition, is a kind of suspension condition in which the dissolution and rescission of the sale is suspended until the occurrence of an accident (usually non-payment of price). The question that is very important to answer is what are the effects of including the mentioned condition in the contract?Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: What is the subject of discussion is about the effects of the dissolving condition after the formation of the contract and before the fulfillment of the suspension act , regarding the effects of the mentioned stage, although the jurists and jurists in establishing the right to conditionality and prohibition Conditional vs. they agree on carrying out possessions contrary to the conditional right, but they disagree about the nature of the said right and the guarantee of enforcement of the violation of the said right. If the condition of negative void condition , the right created for the seller is a primary objective right that is supported by the legislator, and the transaction contrary to the condition of termination is in the state of protection. Manuscript profile -
Open Access Article
97 - واکاوی چالش های دیه زن؛ با مطالعه تطبیقی فقه امامیه و سیاست کیفری ایران
مهدی جوهری طاهره عابدی تهرانی جلال جعفری -
Open Access Article
98 - حجیت قاعده ظهور در فقه امامیه
اسماعیل رضایی محمد رضا فلاح محمدجواد جعفری -
Open Access Article
99 - تعیین حدود توسل به قاعده عسر و حرج در طلاق زوجه از نظر فقه امامیه با نگاهی به کاربرد آن در حقوق موضوعه
بهروز حسینزاده علی آلبویه علیرضا مظوم رهنی علیرضا رجب زاده اصطهباناتی -
Open Access Article
100 - تحلیل تأثیر حدوث فراستریشن (استحاله) در قراردادهای بین المللی نفتی در حقوق انگلیس و ایران با نگاهی به فقه امامیه
افشین قفقازی سیدنصرا... ابراهیمی مجتبی زاهدیان سیدمحسن حسینی پویا -
Open Access Article
101 - انعطاف پذیری احکام شریعت اسلامی از دیدگاه قرآن کریم و احادیث نبوی(مبحث عبادات)
محسن غلامیان بمانعلی دهقان -
Open Access Article
102 - Fundamentals of the legitimacy of the ruling in absentia in Imami jurisprudence with a look at Sunni jurisprudence
mostafa ghafoorian nejad malihe gholamiAttendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) mus MoreAttendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) must attend the trial and submit his defenses of the claim to the court or submit a bill to the court in the case of absence to prevent violation of his rights. However in some cases, the trial proceeds in the absence of a litigant of the lawsuit. This is an important issue in judgment and trail. Like other issues in jurisprudence, judgment by default needs to depend on authenticated sources and bases. The most fundamental and legitimate sources and bases for absent verdict include Quranic verses, tradition of immaculate Imams, consensus of jurist and reason. Therefore, we have studied and analyzed each of this sources while briefly considering Sunni jurisprudence in all aspects of the issue. The Current study has been a descriptive analytic research which has employed library method through note-taking instrument. In sum, it was concluded that in trial by default, considering some foundations, it can be said that in any condition, it is incumbent on the judge to summon the defendant to trail before issuing any verdict but in the case of the defendant’s absence, he is permitted to proceed a default judgment and issue the verdict in absence. Manuscript profile -
Open Access Article
103 - A Reflection on Social Capital Status in Imamieh Jurisprudence and Islamic Teachings
Seyed Ebrahim Hosseini Farzad Navabakhsh Frank SeyediSociologists believe that mutual relationships among people and their trends are effective on the formation and continuity of the social life of a society from the beginning of the formation of any social system. These mutual relationships and their quality, which today MoreSociologists believe that mutual relationships among people and their trends are effective on the formation and continuity of the social life of a society from the beginning of the formation of any social system. These mutual relationships and their quality, which today are studied under the title “social capital,” have attracted extensively the attentions of the knowledgeable in different fields of political, social, economic, and cultural. Despite the fact that social capital is a modern subject in the area of humanities and social sciences, but it seems that by studying exhaustively jurisprudential rules in Imamieh jurisprudence and Islamic teachings in general, one can recognize the remarkable aspects of social capital status in them. The present research aimed at the same objective and, through adopting descriptive-analytical methods, tried to recognize and reflect on the status of social capital subject in Imamieh jurisprudence and Islamic teachings. The research findings showed that jurisprudential rules and teachings such as prohibition of detriment, distress and constriction, prohibited contributions to sin, prohibition of usury, order for interest-free loans are of the most important manifestations of Islamic legislator's attention to the subject of social capital and the necessity of its protection. Manuscript profile -
Open Access Article
104 - International and Iranian policies on defective goods and compensation
faranak moazen Ahmad Shams Seyed Mojtaba Mirdamadi Ahad BagherzadehPolitical 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 MorePolitical 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 -
Open Access Article
105 - The Factual Consequences of the Presence or Absence of Justice as a Condition for the Governing Positions
Teimoor Amin Nasseri Dr. Abbas , SamavatiAccording to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of MoreAccording to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of the property of orphans, executors, depositaries. Ordaining such an obligation signifies the importance of justice in Islamic jurisprudence. Holders of public offices – from the leadership to the lowest positions – have to be qualified for being just as a legal condition, an example of which has been seen in prophetic and Alawite government in early Islam; and, its general mechanism is available in IRI constitution, orders by the leaders of Islamic revolution, and orders relating to the responsibilities and government. The present research aimed at studying the consequences of condition of justice for the ruling positions today and providing some usable strategy for the administrators of the Islamic system. On one hand, the spiritual and material development of society, just wealth distribution, welfare, and security are of potential achievements realizable by implementing the condition of justice for the administrators. On the other hand, lack of justice in the governing positions may result in insecurity, noncooperation, class distinctions, economic injustice and corruption, falsification of reality, and divine and human values. It is of necessity to compensate for legal gaps in implementing the condition of justice for governing positions, especially for the middle positions in the government through a proper legislation and its implementation by the administrators. Using descriptive-analytical methods, the present research proves the necessity of condition of justice for the governing positions and impacts of its presence or absence in the government. Manuscript profile -
Open Access Article
106 - Enemyology and methods of interacting with enemies according to the Qur'an, hadiths and Imamiyah Jurisprudence
Isa Haghi Mostafa Rajaipour Hossein AhmariOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wive MoreOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wives and children", "infidels and polytheists", "some People of the Book, especially Jews" and "hypocrites". The Prophet, on the one hand, fought culturally and socially against idolatry, atheism, and hypocrisy in belief and practice, and the triangle of atheism, polytheism, and hypocrisy was also placed against him during his mission and did not give up any struggle against and monotheism. The current research aims to know the components of interaction with the enemy according to the Qur'an, hadiths and Imamiyah Jurisprudence. The research method is descriptive-analytical using library and documentary sources. The results of the research show that Holy Qur'an teaches us what special method we should use in confronting each of the enemies. In clearer words, it teaches Muslims the way to deal with Satan, Nafs-Amara, infidels, etc. separately, and also, it puts a special way to deal with every enemy's method. Among these methods are Faith and trust in God, abandoning sins, constant remembrance of God, seeking refuge in God, self-purification, fearing God and restraining the soul from whims and desires, surrendering oneself and affairs to God, cutting off all communication and friendship other than God, declaring a clear position of disliking them, cultural struggle through the Qur'an, religious insight and tolerance, interaction with the enemy. Manuscript profile -
Open Access Article
107 - Examples of Reference to an Expert in Emamiyah jurisprudence and Iranian Law
Mohammad Ojagh Mohammad Ali Safa Mehdi BahrehmandAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in ord MoreAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in order to resolve legal and criminal cases. put In fact, the purpose of the current research is to examine jurisprudential and legal examples of referring to an expert, which is written in a descriptive-analytical way and with library tools, and the findings of the research indicate that in the current situation and with the specialization of affairs and also considering the complexity Court cases, especially in the fields where the judge has no expertise in this field, there is no other option but to cite and refer to the expert's theory. In order to give validity to the evidential power of the said theory, the legislator has set conditions, including the reliability of the expert, and if those conditions are established, the opinion He considers the expert to be reliable, although due to the large number of cases and the ease of the proceedings, he does not consider it necessary to achieve justice even in the criminal cases referred to the forensic medicine because it is not easily possible, and he cites the doctor's theory. But the existence of these conditions does not mean that the judge is obliged to give effect to the expert's opinion, except in cases of non-compliance with the researcher's circumstances. Therefore, if necessary, the judge will refer to the expert's opinion, and he is free to accept or reject it, and basically, the judge will examine and evaluate the evidence based on his broad authority. Manuscript profile -
Open Access Article
108 - Evaluation and comparative analysis of waqf documents based on shafi'i and imami jurisprudence standards
Abdolaziz Mirani Fereydoun Rahnama Roodposhti Seyed Abbas Mousavian Mahdi Madanchi Zaj Mohammad Adel ZiaeiPurpose: One of the most important prerequisites for public participation in investment and financing projects (in this research, endowment bonds), is to provide information needs and pay attention to different jurisprudential views in the country. Therefore, in this re MorePurpose: One of the most important prerequisites for public participation in investment and financing projects (in this research, endowment bonds), is to provide information needs and pay attention to different jurisprudential views in the country. Therefore, in this research, the mentioned papers are examined based on the standards of Shafi'i and Imami jurisprudence in order to clarify and resolve its legal ambiguities and doubts.Methodology: The main approach in this research is a comparative approach. In order to analyze and issue jurisprudence in Imami jurisprudence, the method of document analysis (documents and approvals of the Jurisprudence Committee of the Stock Exchange Organization) has been used, and in connection with Sunni jurisprudence (Shafi'i jurisprudence), in-depth interview and focus group methods have been used, a statistical sample The aforementioned include 8 experts of Shafi'i jurisprudence.Findings: The findings of the research showed that the commonality of views in the two jurisprudence institutions is very high, and this can be a sign of increasing the participation of Sunnis in endowment bonds and other Islamic securities issued in Iran.Originality / Value: Considering that the results of the research resolved the jurisprudential ambiguities related to the endowment documents, it is a very positive step for the development of this tool, and surely, with the wide dissemination of the above results, we will witness more and more participation of Sunnis in Iran in similar projects at the level We will be the country and eventually a very good synergy will happen in this area. Manuscript profile -
Open Access Article
109 - بازنمایی اهمیت، نقش و جایگاه حوزه علمیه ری در تاریخ کلام امامیه
محمد حسن نادم -
Open Access Article
110 - theory of leadership ( imamate)
Farhad Torabi Seed Mohammad Ali Ayazi مهدی مهریزیThis paper is an investigation about the theory of Imamate in various Islamic sects. Some questions about Imamate, such as “ what is”, “ why” and “ who is” are going to be studied according to the theological doctrine of Ash'arism, Mu MoreThis paper is an investigation about the theory of Imamate in various Islamic sects. Some questions about Imamate, such as “ what is”, “ why” and “ who is” are going to be studied according to the theological doctrine of Ash'arism, Mu'tazila, and Imamia. in this article, peculiarities of the leadership and theoretical frames of power legitimacy in the Muslim society are maintained as the central point of the research. Studying the theories of Sunni scholars about personal necessities of Imamate post which are based on their minor conception, the minimum peculiarities of managing the society as a whole, such as competency, enough knowledge, safekeeping, and justice are less noticed. According to Sunni theories, one can rule over the Muslim society, as the caliph of the holy Messenger mere for the sake of domination , power and deforcement . despite oppression, betrayal, and incompetency, neither any revolution against the calphs is legitimated, nor they can be put aside out of leading the society. The only important anxiety in this philosophy is the security of the society and the release from political and social chaos. Though some scholars of Mu'tazila have had some suggestions for valuable peculiarities of Imamate, but the position of Imamate for Imamia is the continuation of the prophecy movement, uttering the religious conception by the society itself, guarding the religious values, protecting from distortions , justice expandin, negating both material and immaterial poverty of the generations, and finally cultivating and leading the souls of the human beings. Manuscript profile -
Open Access Article
111 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been co MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate the contract. Manuscript profile -
Open Access Article
112 - Jurisprudential rules from the perspective of Islamic religions (as a source for deriving rulings)
ahmad hamidi hosen rajabi Mohamad taghi AlaviOne of the most important duties of a scholar of religion and a jurist is to discuss and analyze the general rules of jurisprudence, which are used in many minor issues and deriving rulings. These rules are a way to solve many problems and in the case of specific issues MoreOne of the most important duties of a scholar of religion and a jurist is to discuss and analyze the general rules of jurisprudence, which are used in many minor issues and deriving rulings. These rules are a way to solve many problems and in the case of specific issues where a specific text is not included, the jurist uses it to give fatwas and if he does not have a complete understanding of these rules, he will have problems answering the issues. This article examines the jurisprudence rules proposed in the Imamiyyah and the four Sunni sects and the evidence to prove them. For this purpose, the important jurisprudential rules in the Imamiyyah, such as the rule of harm, the rule of yad, etc., and the evidence to prove it from the book, tradition, reason, and consensus, are mentioned, and then these rules are explained from the perspective of the four schools of thought, namely, Maliki, Hanafi, Hanbali, and Shafi'i. And due to the fact that it is not possible to mention all the jurisprudence rules raised in Islamic schools of thought in this article, the most important jurisprudence rules among Shia and Sunni jurists were compiled by examining and collecting information from various Shia and Sunni sources and then common examples. Their contents have been reviewed in civil rights and the constitution. Imamiyyah jurisprudence and Sunni jurisprudence are similar in many parts, and examples of them are clearly visible in the principles related to the constitution and civil rights. Manuscript profile -
Open Access Article
113 - Study of Privacy in Civil Rights and Imami Jurisprudence
Taraneh Mehdi alinia Gabriel Hope abbas samavatiProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizens MoreProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizenship rights in an analytical-descriptive way. With the investigations conducted, it is found that the sharing of privacy in Islamic jurisprudence with citizenship rights is more than its differentiation. The findings in this paper show that the concept of privacy in Islamic jurisprudence and citizenship rights are equal and their differences in the fundamentals and theories accepted by these two are important. The results of the implementation of Islamic jurisprudence and citizenship rights show that the basis of citizenship rights in the manner of compensation is based on the rule of law, but in citizenship rights the theory of fault is considered, on the other hand, there are significant differences in the protection of privacy violations and the prevention of privacy violations, but in principle, the acceptance of the privacy of the two is not inconsistent. Manuscript profile
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