• List of Articles عدل

      • Open Access Article

        1 - Judicial Administration of Contract With Inference in Determination of Contractual Obligations on the Basis of Justice and Equity, or Individual and Collective Expediency
        Sohrab Samankan
        Some part of discussions about contracts laws is dedicated to determination of domain of contractual commitments this domain is often based on will, and sometimes, on the imperative interference of legislature and controlling interference of magistrate. The present stud More
        Some part of discussions about contracts laws is dedicated to determination of domain of contractual commitments this domain is often based on will, and sometimes, on the imperative interference of legislature and controlling interference of magistrate. The present study, mainly on the basis of logic and philosophy of low- economic analysis of law- or through theoretical study of contracts indicates that private judicial evolutions and requirements requires other visions from the accustomed principles and concepts. And now, some standards should be found in the arena of contracts laws to adjust individual's private relationships fairly. Such a view toward contracts laws brings about dynamism of laws, correct coherence of judicial legislative policy and also fulfillment of supreme goal of low, that is, establishment of justice. Determining the domain of commitments is not a new phenomenon. What has become important is the possibility of involuntary determination, especially judicial determination of domain of commitment, which can terminate contractual conflict on the basis of fair will of contracting parties or through expediency. Manuscript profile
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        2 - Good and Evil
        Seyyed Muhammad Bojnurdi
        Theists believe that the Universe is governed by a single being whorules according to absolute wisdom, grace, power and justice. Hiswisdom and grace implies that He creates a universe with the bestpossible order and most goods and perfection. A universe which is, asHe H More
        Theists believe that the Universe is governed by a single being whorules according to absolute wisdom, grace, power and justice. Hiswisdom and grace implies that He creates a universe with the bestpossible order and most goods and perfection. A universe which is, asHe Himself, perfect and pure good. At the first glance, however, wefind the universe lacking goodness, i. e. a universe endowed withVices and evils. These Vices may be regarded as either metaphysical,natural, or moral.These questions and the like put the Divine attributes such asHis Omniscience & Omnipotent, Tawhid (Oneness) Divine Justice,His Grace, divine absolute Wisdom and Power under doubt. Theauthor is attempting to propose solutions posed by Islamicphilosophers in this regard. Different approaches taken by somecontemporary philosophers such as J.L. McGee and the answeroffered by the contemporary philosopher of religion, Alvin Plantinga,will be further studied. Manuscript profile
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        3 - Persecution from Quran’s view and its Reflection in Sa’adi’s Golestan
        Maliheh Moteghayer Seyyed Mohammad Amiri
        Persecution and oppression are from the most important subjects that Holy Quran vastly talks about it and avoids us; while doing or not doing it, can have the positive or negative effect of our social, practical and moral life. The present article attempts to express th More
        Persecution and oppression are from the most important subjects that Holy Quran vastly talks about it and avoids us; while doing or not doing it, can have the positive or negative effect of our social, practical and moral life. The present article attempts to express the persecution issue in Quran and its reflection in Sa’adi’s Golestan and its roots, reasons and kinds (religious, social and individual) are studied as well. Examples from Quran and narrations as well as some from Golestan are brought to prove this claim. Manuscript profile
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        4 - Comparative Study of Ash'arites' Viewpoint on Justice in Sa'adi's Koliyat and Amīr Khusrow Dehlavī's Diwan
        Anvar Ziyaei
        Divine Justice is one of the important religious and verbal principals such as monotheism; but because of its undescribable importance, owns a special place in religious and verbal subjects. Ash'arites belive that Lord's justice is to enter all good doers to Hell and al More
        Divine Justice is one of the important religious and verbal principals such as monotheism; but because of its undescribable importance, owns a special place in religious and verbal subjects. Ash'arites belive that Lord's justice is to enter all good doers to Hell and all evil doers to Heaven. Thus they think that justice is not mandatory to Lord nor evil in the universe; they also believe human is not allowed and capable to judge Lord's decisions. Other religion – Shias – believe in good and bad behaviors conversely. They believe Lord would never leave what wise dictates. This paper aims to study Sa'adi and Amīr Khusrow Dehlavī's viewpoints on Divine judgement. Manuscript profile
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        5 - Comparative Study of Madden policy in Saadi's Golestan and Arabic Kalila and Dimna
        Javad Kaboutari
        The authors of "Golestan" and "Kalila and Dimna" both emphasized of madden policy and governing traditions in some way. There is a strong conjunction between considering ethics principles and morality in madden policy and governing traditions such as justice, More
        The authors of "Golestan" and "Kalila and Dimna" both emphasized of madden policy and governing traditions in some way. There is a strong conjunction between considering ethics principles and morality in madden policy and governing traditions such as justice, secrecy, social security, advisory and consultation, belief in destiny and fate and etc. with the kings and governors. This is completely obvious in Iran's historical sources. Saadi specifies one chapter to kings and governors in Golestan and other chapters contain hints in this regard. In Arabic Kalila and Dimna the subject is said by animals in symbolic way. Both authors attempt to find a solution to solve people's problems. Studying two works shows that not only the governors come to madden policy and play the governors' advisors role but also some literary men do the same. Manuscript profile
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        6 - The role of social maturity in pre-emergence
        Mohsen Karami ali husein ehteshami hamid hosseini
        The irreplaceable role of social maturity, which started from the origin of Godhead and a single origin and heritage relations, and with the growth of intellectual and moral responsibilities and empathy in fulfilling the covenant and unity of purpose and attributes and More
        The irreplaceable role of social maturity, which started from the origin of Godhead and a single origin and heritage relations, and with the growth of intellectual and moral responsibilities and empathy in fulfilling the covenant and unity of purpose and attributes and the resulting laws in the path of excellence, happiness and perfection, can be The entitlement to a good life should continue. The advent of the universal judge is the most important apocalyptic event for the liberation of human beings from tyranny, which is associated with one of the most important components of pre-emergence, namely social maturity, and is significantly affected by the causal relationship. Therefore, it is necessary to study it in the context of the emergence of the promised savior. In this study, the evaluation of one of the important components of pre-emerging social maturity from the perspective of the Holy Quran and narrations with an epistemological perspective and descriptive-analytical method using library resources has been considered. The results of the study indicate that there is a significant two-way correlation between the positive component of social maturity and the occurrence of the savior. Thus, growth in adornment with the positive component of social maturity will increasingly accelerate the vulva. Manuscript profile
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        7 - Study and Analysis of the Elegance Aspects in Mystical Interpretations
        Mokarram Mohamma Nia Kalimani Hossein Moradi Zanjani Mohammad Hossein Saeni Farhad Edrisi
        Elegance is a religious – Quranic term and also one of the attributes of God. Many commentators and narrators have pointed to the various dimensions of this concept and based on the verses of Holy Quran, have enumerated the quality and manner of applying it. Since More
        Elegance is a religious – Quranic term and also one of the attributes of God. Many commentators and narrators have pointed to the various dimensions of this concept and based on the verses of Holy Quran, have enumerated the quality and manner of applying it. Since, mystical interpreters who have seen the manifestation of Divine elegance in line with their Sufi profession have raised several arguments based on the Book of God. In this research, considering the descriptive – analytical method, the application of elegance in mystical interpretations and the opinions of commentators has been investigated. The results of the research show that the most important aspects of Divine elegance in these works are: 1. Superiority, which includes subsections such as the superiority of human over other beings; The superiority of prophets over other beings; The superiority of the Jewish people over other nations and the superiority of the Mujahideen over the abandoners of jihad 2. (daily) portion 3. Divine blessings 4. Divine rewards, the most important of which is Divine Paradise and 5. Repentance. Divine elegance takes precedence over Divine justice from interpreters’ viewpoint, which indicates that the compassion of the Almighty surpasses His power. Manuscript profile
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        8 - A study on the Effects of Religious Assumptions on Quran's Translations
        Sohrab Morovvati Mina Yaghoubi
        The present paper attempts to study three samples of Quran verses on "Divine Justice", "Imamat" (Pontificate) and "Ablution" from three translators' point of view – Makarem – e Shirazi, Elahi Qomshei and Fouladvand in order to express the the effects of reli More
        The present paper attempts to study three samples of Quran verses on "Divine Justice", "Imamat" (Pontificate) and "Ablution" from three translators' point of view – Makarem – e Shirazi, Elahi Qomshei and Fouladvand in order to express the the effects of religious assumptions on Quran's translations. The results show that the mentioned assumptions clarify the religious views obviously. Manuscript profile
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        9 - A Study on Justice in Holy Quran from Three Points of Views
        Ahmad Arabshahi Karizi
        The goal of the current research is to study the justice in Holy Quran and depict its main pillar. It initially studies the concept of justice from various Sharia (Tradition), jurisprudents, scholars and philosophers views who all claim that justice in Islam is of diffe More
        The goal of the current research is to study the justice in Holy Quran and depict its main pillar. It initially studies the concept of justice from various Sharia (Tradition), jurisprudents, scholars and philosophers views who all claim that justice in Islam is of different levels such as individual, existence system, Divine and social levels. Strictness as well as relatives of justice have been surveyed; Islam knows it strict and not relative, because justice depends on the religion's eternity. The article then studies the importance of justice and the reasons and finally studies the justice specifically in Holy Quran. Manuscript profile
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        10 - The indication of moral education in semantics "must” from Kant and theologians of justice Perspective
        fakhteh mahini Alireza yousefy sayed hashem golestani narges keshtiaray
        Knowing the indication semantics of "must” in moral education from kant and theologians of justice perspective gives better understanding about individual relationships in proportion to their values and duties. This research has done by linguistic and deducti More
        Knowing the indication semantics of "must” in moral education from kant and theologians of justice perspective gives better understanding about individual relationships in proportion to their values and duties. This research has done by linguistic and deductive analysis approaches with theoretical sampling method from all available literature as total numbering. The data has analyzed by using thematic, coding and deductive classification system. Results has shown that kant is seeking essential and general knowledge for morality and achieving to this is only through wisdom and the motivation to do assignments. Theologians of justice believe that although wisdom can guide individual to know the musts, it’s necessary to do actions for their ends. By establishing the ratio between "must” and goals of moral education, influenced factors on individual’s practical conduct have been found. These components has extracted the indication of moral education in three domains, “goals”, “teachers and parents role” and “individual role”. Manuscript profile
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        11 - Studying the "evil" in Sanaei's Hadiqat Al- Haqiqa
        Fatemeh Daneshvar Jamal Ahmadi Sadegh Zamani Sharareh Elhami
        The existence of evil has been a problem for worshipers for centuries. It seems difficult to believe that the world, with its large number of evil creatures and under the absolute control of the supreme good, the omnipotent, the omniscient. The importance of the worldvi More
        The existence of evil has been a problem for worshipers for centuries. It seems difficult to believe that the world, with its large number of evil creatures and under the absolute control of the supreme good, the omnipotent, the omniscient. The importance of the worldview regarding evil is such that it is seen as one of the most important and prominent themes, not only in theological, philosophical and theological texts, but also in literary texts. In this article, after brief references to the answers given to the problem of evil, the authors deal with the examples of the problem of evil in Sanae'i Hadiqat Al- Haqiqa by descriptive-analytical method. Hakim Sanaei is a follower of Ash'ari-Maturidi in terms of doctrinal and theological principles and has thought about it in this field of thought. The conclusion obtained from this research indicates that Sanaei agrees with the divine sages on the issue of evil and rejects evil in general. According to his system of thought, the divine will is pure good, and this principle is one of the most basic foundations of his worldview, and he has spoken about it in different interpretations. Manuscript profile
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        12 - Criticism of the rational arguments for the necessity of calling to Shiism
        Mostafa Khodadadnejad Rouhollah Khodadadi
        Inviting non-Shiites to the Shiite religion as one of the duties that is concentrated in the minds of the general Shiites, has a ruling from the obligatory Shari'a rulings. There are two types of narrations on the issue of permissibility or non-permissibility of ca More
        Inviting non-Shiites to the Shiite religion as one of the duties that is concentrated in the minds of the general Shiites, has a ruling from the obligatory Shari'a rulings. There are two types of narrations on the issue of permissibility or non-permissibility of calling to Shiism. Most of these narrations forbid calling to Shiism. But regardless of the narrations in this chapter, is it possible to make a rational argument to prove the necessity of calling to Shiism? The purpose of this research is to criticize and examine the intellectual grounds for proving the necessity of calling to Shiism. In this article, the researcher has explored the rational aspects that can be proposed to prove the necessity of calling to Shiism with a descriptive-analytical method. From the analysis of the data, it was concluded that calling to Shiism is an example of corruption; And tin, the material of corruption, is intellectually good, and this intellectual good is connected with the Islamic obligation. Other issues that can be raised in this issue were disputed. Manuscript profile
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        13 - The potential capacity to monitor the fulfillment of the obligations of the Organization of Islamic Cooperation's human rights documents
        Marmar Asadian Seyed Bassem Mavalizadeh Seyed Hasan Hosseini
        The purpose of this research is to familiarize with the human rights documents of the Organization of Islamic Cooperation and the absence of the presence of the Islamic Court of Justice in the supervisory part of the implementation of human rights decisions of these doc More
        The purpose of this research is to familiarize with the human rights documents of the Organization of Islamic Cooperation and the absence of the presence of the Islamic Court of Justice in the supervisory part of the implementation of human rights decisions of these documents. Prejudice and ignorance towards the rules of Islam, the rules of Islamic law and the history of Islam, until recently, led Western writers to the conclusion that respect for the human person is a product of Western thinking. But Islam, like other religions, has its share in this respect for man and defense of his rights. On the other hand, international governmental and international non-governmental organizations have also participated in the promotion of human rights. Among the recent organizations is the Organization of the Islamic Conference (OIC). The Organization of the Islamic Conference, as the second international intergovernmental organization after the United Nations, with 57 member countries in four continents of the world, relying on Islamic identity and civilization, is a political-religious force that cannot be ignored in the international scene, which can play a role today. to play a significant role in consolidating international peace and security, and this importance has been brought to the fore with the establishment of the Islamic Court of Justice. The global peace and security that the OIC Charter seeks to consolidate is based on "justice". This justice is first of all in the principles and orders of Islam. In this research, which is descriptive and analytical, by examining Manuscript profile
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        14 - Lawful and Judicial Rule of Equity
        masoumeh mazaheri zahra aal eshagh
        Equity, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from justice, Estehsan and etc. It is one of those cases that their presence make good essence and their a More
        Equity, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from justice, Estehsan and etc. It is one of those cases that their presence make good essence and their absence follow unfavorable essence. The principle of equity can be proven by verses and tradition. Several cases of the practicality of this principle can be seen in the lives and judgments of the Immaculate. The principle of justice and equity has been used by several Jurisconsults but there is difference between equity and justice. Equity is an important concept in Roman and German systems too. In Iran, equity in not a rule and some lawyers indicate it as lawful source. Manuscript profile
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        15 - A Muhaddith from Balkh with a background from Bom Ray; Analyzing the hadith character of Hossein bin Muhammad Oshnani in the Imamiya culture with an emphasis on the works of Sadouq
        sayed mohammad mousavi hosin sattar hamid reza fahimitabar
        Hussein ibn Muhammad Ashnani is one of the Sunni and Sunni scholars of Religious Religion in the fourth century AH. Boom Ray, with an ancient and rooted past, has been the home of many of the narrators and narrators. The assignment of Hussein ibn Muhammad Ashnani to Ray More
        Hussein ibn Muhammad Ashnani is one of the Sunni and Sunni scholars of Religious Religion in the fourth century AH. Boom Ray, with an ancient and rooted past, has been the home of many of the narrators and narrators. The assignment of Hussein ibn Muhammad Ashnani to Ray and his position in the hadith books of Ibn Babuiyyah is worthy of study. A Sunni jurisprudents are interested in the Ahlul -Bayt with a background from Ray that the traditions of the Marwi in Imamiyyah sources are often in the field of the virtues of the Prophet (peace be upon him). Although Shiite sources have been considered one of the Imam's elders, Sheikh Saduq's specific descriptions of the Imam Khomeini make him serious. Saduq described him as al -Adl, and the term is located for the conflict of votes among the researchers. In this essay, the title of one of the Sunni elders is identified. To illustrate the role of Saduq in the transfer of Sunni news to the Imamiyyah as one of his narratives, "Ya'ali Lak Kenz in al -Jinnah and An end of the Cornea", and considers the news of the concluded news. This study aimed Imamiyyah emphasizes the works of Saduq and with an analytical descriptive method to evaluate the identity of Rijali and hadith. Manuscript profile
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        16 - Historical, Quranic and Hadith course of the concept of Justice and its contexts
        seyed mousa hashemi tonekaboni
        A study of the history of science shows that the concept of justice has been one of the lasting concerns of scholars. This concept has also been considered in the Qur'an and hadith texts. The present study has analyzed the historical, Qur'anic and hadith of the concept More
        A study of the history of science shows that the concept of justice has been one of the lasting concerns of scholars. This concept has also been considered in the Qur'an and hadith texts. The present study has analyzed the historical, Qur'anic and hadith of the concept of justice in an analytical way using library tools. This research has found that the concept of justice in the ancient texts is meant to be equal to groups, equality and the elimination of classes, to provide for all, equality in law enforcement, to maximize profits, to support disadvantaged groups, to equality of opportunity and freedom of choice. . This concept is used as one of the key words of the Qur'an and hadith in the field of social communication. Examination of this word in the Qur'an and hadith indicates that moderation, equality of treatment, respect for justice, and substitution for the semantic aspects of justice are considered. And of the present and equal facets is the amount, the justice, the ransom, the immutability, the immutability of its nominal means. From the perspective of the Qur'an and the hadith of justice, all aspects of life are sari, namely justice in speech, justice in dealing with enemies, justice in marriage, justice in selling goods, justice in consumption, justice in testimony, Manuscript profile
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        17 - .An analysis of thoughts and advices of Asadi toosi’s Garshasb Nameh on civil policy
        Ali Reza Shabanlu khadijeh moradi Abd ol-Hossaein Farzad ghafar borjsaz
        Garshasb Nameh is generally considered as a legendary and epic work, and most of the researches are about these fields; but the capabilities of this book are in the field of teaching the kingdom and good customs, and in particular the advices on the ways of governing co More
        Garshasb Nameh is generally considered as a legendary and epic work, and most of the researches are about these fields; but the capabilities of this book are in the field of teaching the kingdom and good customs, and in particular the advices on the ways of governing countries in which kings are addressed, and the manner of doing service addressing the people is very frequent. It is questionable that Asadi in this mythical and legendary story has included so many advices and ethical issues. The purpose of this study is to identify and categorize Asadi's advice about the ways of ruling for a ruler and people and government agents. Asadi, according to the manner of telling and explaining the ways of the kings' manner, has made many recommendations to the kings. These advices are about the four main foundations of governance: the king, justice, people and policy. Also, the method of choosing court clerks and the owners of important jobs, how kings should interact with people, is another of his thoughts. Asadi's advice is all ethical-oriented, and in the section addressed the king and the emir, he has paid attention to the ethics of the judiciary and the king's judgment and the affairs of the army. Based on the extraction and analysis of such ideas and advices in the formulation of the text, one can obtain the Asadi’s moral order in civil policy. Manuscript profile
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        18 - The scientific and practical characteristics of a ruler in the first chapter of Saadi’s Boostan
        ali Heydari
         Boostan, undoubtedly is one the famous poetical literary works. This specific masterpiece can be considered from several aspects including psychological, philosophical, social and political views. Boostan exactly can be judged as an Utopia for Saadi in which he tr More
         Boostan, undoubtedly is one the famous poetical literary works. This specific masterpiece can be considered from several aspects including psychological, philosophical, social and political views. Boostan exactly can be judged as an Utopia for Saadi in which he tries to depict the celestial society. The first chapter including justice, wisdom, intelligent, God fearing Saadi collects the insight around the managing of this depicting utopia. It is clear that this eminent poet deliberately chooses the names like Wisdom, Intelligent and Justice for the first chapter of his book. Here. Signs that show this truth demonstrate that Saadi wants to criticize the ideas of Plato and others. In this paper poet's views which placed in the first couplet will be discussed. In the couplet "Justice, intelligence, wisdom, guarding the creatures and fearing of God” have been explained. Manuscript profile
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        19 - Efficiency of Reason in Evaluating the Ethical Statements
        Muhammad Rahimian Alireza Rahimian
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        20 - Studying the approach of the Organization of Islamic Cooperation on the action of the Islamic Court of Justice in the peaceful settlement of international disputes based on the concept of "effectiveness"
        Marmar Asadiyan Seyed Bassem Movalizadeh Seyyed Hasan Hosseini
        The purpose of this research is to evaluate the approach of the Organization of Islamic Cooperation on the performance of the Islamic Court of Justice in the peaceful settlement of international disputes based on the concept of "effectiveness". The Organizatio More
        The purpose of this research is to evaluate the approach of the Organization of Islamic Cooperation on the performance of the Islamic Court of Justice in the peaceful settlement of international disputes based on the concept of "effectiveness". The Organization of the Islamic Conference has a special position as the second international intergovernmental organization after the United Nations. With 57 member countries in four continents, this institution is considered one of the current international organizations in the world, which can have a unifying position among Muslim states and nations, relying on Islamic identity and civilization, and be useful for creating peace. The idea of establishing this organization, which began in the middle of the fifth decade of the 20th century to regulate relations between Islamic countries, crystallized with the formation of the "General Islamic Conference" in 1954, and its charter was approved in 1956. The declaration of the first conference of heads of Islamic countries in the city of Rabat, Morocco in 1969 states that the participating countries declare their commitment to resolve the problems that may arise between them through peaceful means. Based on the decision p, 11/3 during the third conference of heads of Islamic countries in 1981 in Taif, the establishment of the Islamic Court of Justice was considered as the fourth pillar of the organization with the responsibility of peaceful settlement of disputes between member countries. This research, which is a descriptive-analytical method, sought to know the realistic approach of the Organization of Islamic Cooperation in the category of peaceful settlement of disputes in Islamic countries and its effect on the functioning of the Islamic Court of Justice as the judicial and executive arm of this category. As a result of the investigation, it was found that based on the concept of "effectiveness", Manuscript profile