List of Articles مفلس

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  1 - An Inquiry into Reasons for the Priorities about the Debtor’s Properties
  Farzaneh Ahmadi Ali Reza Amini
  When the Islamic Judge announces a debtor incompetent of invading his properties and judges him as bankrupt, creditors find a right about his wealth and they can take what the debtor owes them from his wealth. But, the point at issue for researchers, at least at first g More

  When the Islamic Judge announces a debtor incompetent of invading his properties and judges him as bankrupt, creditors find a right about his wealth and they can take what the debtor owes them from his wealth. But, the point at issue for researchers, at least at first glance, is whether all creditors are equal in this right, and whether there are priorities for some of them.    Islamic jurisprudential texts suggest that there are differences between them, since there are cases in which some creditors are preferred to others and have, so to say, some sort of priority. In these cases, the priority is based on criteria found in Islamic jurisprudence ,some of which we point in short: superiority of right, precedence of right, priority of essentially established right to accidentally established right, priority of rights resulted from will to rights not resulted from will, and right’s being daily.    In this dissertation, relying upon principles such as the equality of the rights of creditors, justice and fairness, and other points found in Islamic jurisprudence, I will examine the reasons of the priority of some creditors to others and, criticizing giving priority in some cases, I will reject some of them such as the priority of the right of the seller as to the very sold thing and …. Manuscript profile
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  2 - An Approach to Public Disclosure as a Punishment in Shiite Jurisprudence focusing on Iranian Statute Law
  Zahra Mohadesi Abbas Ali Soltani
  10.22034/ijrj.2017.535539
        Public disclosure "Tash-heer" is one of the discretionary punishments which most jurisprudents consider as the chief punishment against perjury (false testimony) and according to the jurisprudence, it can also be enforced against false accusers of a More

        Public disclosure "Tash-heer" is one of the discretionary punishments which most jurisprudents consider as the chief punishment against perjury (false testimony) and according to the jurisprudence, it can also be enforced against false accusers of adultery ( Qazif), pimp (Qawad), defrauder (swindler) and insolvent. There are disagreements among jurisprudents regarding the philosophy, the cases and the qualities of enforcement of the public disclosure.  In the Iranian Statute Law, the public disclosure (Tash-heer) has also been recognized as one of the discretionary punishments and in various laws, including two important criminal laws, i.e., Islamic Penal Code and Criminal Procedure Code, cases applied and the method of enforcement has been stipulated.Today, two important questions are put forward in this regard: Firstly, can public disclosure as a punishment be used against offenses other than the crimes mentioned in the jurisprudential texts while having recourse to the unity of a single criterion (Vahdat-e-Melak) and manipulation (Tanqyh Manat) against other offenses including the emergent crimes? Secondly, despite the development of the societies and the advancement of technology and the emergence of the mass media such as TV, newspaper, internet, etc. shall public disclosure as a punishment be enforced as it was previously practiced and turn the offender around in public and/or can these media be used for the enforcement of the public disclosure? Subsequent to studying and conceptualizing the public disclosure in jurisprudence, stating the cases, the philosophy and the quality of enforcement of the public disclosure as well as expressing the views of the jurisprudents and also the status of the public disclosure in the Iranian Legal System and as stipulated the relevant legal articles, this paper makes an attempt to respond to the above mentioned questions through a descriptive and analytical method.  Manuscript profile
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  3 - Review of the story of " Destitute Spouses " written by Bidel Dehlavi from the view point of Citizenship Rights
  Sepideh Jalilzadeh Rezaei Kamran Pashaei Fakhri Parvaneh Adelzadeh
  Abstract         Persian Literature is a boundless ocean in various sciences and technologies and a collection of intellectual and cultural resources for our nation. Poets have always tried to reflect on its various social, cultural, More

  Abstract         Persian Literature is a boundless ocean in various sciences and technologies and a collection of intellectual and cultural resources for our nation. Poets have always tried to reflect on its various social, cultural, economic and legal issues. For this reason, their knowledge in literature is inevitable for the recognition of the nations and cultures. Bidel Dehlavi, one of the great literary figures in the Indian Style, by creating unique masterpieces, shines in Persian Literature and mysticism. In this article we'll look at the story of Bidel from different aspects of law such as ; criminal justice, evidence expressed in implementing the court sentences and the need to reexamine them. The authors of this paper will follow two important goals for their research; instances of crime in the story and its conformity with the Islamic  law. One important issue is looking at the world of literature and comparative studies of jurisprudence. Second, looking at the society in which the violation of the rights of lower class citizens takes place without attention to the fundamental principles of Islamic society, causing anarchy, widespread injustice and provide subsequent revelation of divine retribution. Manuscript profile