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Open Access Article
1 - Analytical study of radionuclide concentration and radon exhalation rate in market available building materials of Ramsar
Elham Bavarnegin Masoud Vahabi-moghaddam Asad Babakhani Nasrin Fathabadi -
Open Access Article
2 - Review Nuclear Diplomacy between Iran and the United States are based on the Game Theory
Seyed Amin Razavi nejadIn this research on this matter with the Iranian regime that endanger the change of the monarchy to the I.R Iran, friendly relations and strategic transformation and the US and Iran have a growing tension and the two to the military threats . The case study to question MoreIn this research on this matter with the Iranian regime that endanger the change of the monarchy to the I.R Iran, friendly relations and strategic transformation and the US and Iran have a growing tension and the two to the military threats . The case study to question which nuclear challenge in relations between Iran and the United States with the use of how the game theory.went on the assumption that the proposed with regard to the game theory,nuclear challenge in US-Iranian relations with the sum of the game of positive,and can be solved. But evidence,and the findings of this study was to confirm the main hypotheses and came to the conclusion that the challenge of nuclear between Iran and the US with the government's policy on the eleventh a dynamic game,complete with information.then play tree nuclear tension between Iran and the US and plotted the options facing each and every one of them were investigated and went on to find the answer to solving the outcome of the game and the way back into the fine profits as a result of the Nash equilibrium;the suspension of enrichment from Iran and giving security guarantees from the US and lift sanctions. Manuscript profile -
Open Access Article
3 - Comparative study of legal nature for credit cards in Iranian and American legal systems
علی Zare ثمر OlfatpoorIn domestic and international commerce field, the credit cards have achieved aspecial position as modern tools for electronic payments. Therefore in order totaking steps along with the technology and to use these tools optimally, the Islamiclegal systems must take serio MoreIn domestic and international commerce field, the credit cards have achieved aspecial position as modern tools for electronic payments. Therefore in order totaking steps along with the technology and to use these tools optimally, the Islamiclegal systems must take serious actions in stipulating written laws in this field.Considering that the main obstacle in forming and developing international creditcards in the legal system of Islamic republic of Iran is the discrepancy (noncomparing)of the related laws for the mentioned cards and jurisprudence Islamiclaws for banking interest, therefore first we discuss the principals and then we willmention the benefits and allowances of the credit card beneficiaries, legal nature ofthe transaction with the above mentioned cards this article, and we will offer somesolutions in this regard, analyzing the credit cards in Iran and Anglo-Saxon countriesin general. The general results of the research shows that in united states of America,in the laws stipulated by the federal reserve board of directors (central bank of theunited states)1 which supervises on the bank loans and the loan contracts in the lawsnowadays, the credit card contracts are stated in a frame work of concluding debt(loan) contracts, at the present time in Iran there is no written and uniformed lawwhich supervise on the private and governmental bank operations, which hasresulted to many problems and issues using these kinds of cards. Therefore in orderto remove the existing obstacles, we can take another step toward developingelectronic commerce in the country in accordance to the principal of free will,limiting the related contracts in the framework of the article 10 of the civil law andassigning the amount for interest and pre-assigned installments while the contractsare concluded, observing jurisprudence and legal principles. Manuscript profile -
Open Access Article
4 - Hospital Expenditures of Guardian less Patients in Shiraz Selected Hospitals in Second Half of Year 2015
zahra kavosi mersad rezaie ali shojaie Hamid TalebianpourIntroduction: the guardian less patients are considered as hospital debtors and their financial burden is imposed on hospitals, this research has been conducted to evaluate the expenses of guardian less patients in selected hospitals of Shiraz University Medical Science MoreIntroduction: the guardian less patients are considered as hospital debtors and their financial burden is imposed on hospitals, this research has been conducted to evaluate the expenses of guardian less patients in selected hospitals of Shiraz University Medical Science. Research Method: this cross-sectional study has evaluated the financial burden that guardian less patients imposed on Shiraz selected Hospitals in the second half of the year 1393. The data was gathered through review of patient invoice and medical records using a self-administrated check list. The gathered data was analyzed using, ANOVA Test in SPSS21 software. Results: the findings indicated that 183 guardian less patients were discharged from hospital in the study period. Most of the patients were men (%58/6), married (%52), native (%77/3) and had health insurance (%61/5). The total expenditure of these patients was 8535929734 IRR which 5184119454 IRR was reimbursed by insurance organization. 3330828022 IRR was not compensated. Uncompensated cost was statistically different in different hospital and based on type of who referred patient. Conclusion: Considering financial issues which hospitals face, using various interventions to decreasing uncompensated cost will be useful. Employing social workers who are professional in connecting with social support organizations and also improving population coverage of insurance plan will be helpful. Manuscript profile -
Open Access Article
5 - Identifying and ranking the variables affecting credit guarantees on the growth and development of the export market Using Group Decision Making Technique (MCDM)
Somayeh Hozouri Mohammad ail abdolvand Amir Hossein Yavari NikThe objective of this research is to evaluate the factors affecting credit guarantees on the growth and development of the export market. The method used in this research is applied in terms of purpose and descriptive, survey and correlation nature. The statistical popu MoreThe objective of this research is to evaluate the factors affecting credit guarantees on the growth and development of the export market. The method used in this research is applied in terms of purpose and descriptive, survey and correlation nature. The statistical population of this research was Q (311), using random sampling method. To determine the reliability of the questionnaire, the Cronbach's alpha coefficient was 0.84, which indicates a high level of reliability. To data analysis, structural equation technique tests and for grouping of the mentioned factors from AHP, group decision making techniques (MCDM) have been used and other relevant tests, which are described in detail in this study, were analyzed to identify each of the components and sub-components To make .The results indicate that this research consists of 6 main components of Increase production capacity (with 7 Factors), Reduce the cost of goods and services (with 3 Factors), Creating foreign exchange earnings (with 3 Factors), Improving the competitiveness of export goods and services and exporters (with 5 Factors), Facilitate the process of economic growth and development (with 3 Factors), Provide favorable conditions through its guarantees for foreign buyers (with 3 Factors), And a total of 24 sub-criteria. By using structural equation and MCDM techniques and designing a specific questionnaire, effective factors of credit guarantees on the growth and development of the export market were ranked and prioritized. Finally, among the 24 existing subsets of “Provide favorable conditions through its guarantees for foreign buyers” Based on the MCDM technique and “Reduce the cost of goods and services” Based on structural equations ranked highest. The objective of this research is to evaluate the factors affecting credit guarantees on the growth and development of the export market. The method used in this research is applied in terms of purpose and descriptive, survey and correlation nature. The statistical population of this research was Q (311), using random sampling method. To determine the reliability of the questionnaire, the Cronbach's alpha coefficient was 0.84, which indicates a high level of reliability. To data analysis, structural equation technique tests and for grouping of the mentioned factors from AHP, group decision making techniques (MCDM) have been used and other relevant tests, which are described in detail in this study, were analyzed to identify each of the components and sub-components To make .The results indicate that this research consists of 6 main components of Increase production capacity (with 7 Factors), Reduce the cost of goods and services (with 3 Factors), Creating foreign exchange earnings (with 3 Factors), Improving the competitiveness of export goods and services and exporters (with 5 Factors), Facilitate the process of economic growth and development (with 3 Factors), Provide favorable conditions through its guarantees for foreign buyers (with 3 Factors), And a total of 24 sub-criteria. By using structural equation and MCDM techniques and designing a specific questionnaire, effective factors of credit guarantees on the growth and development of the export market were ranked and prioritized. Finally, among the 24 existing subsets of “Provide favorable conditions through its guarantees for foreign buyers” Based on the MCDM technique and “ Reduce the cost of goods and services” Based on structural equations ranked highest . Manuscript profile -
Open Access Article
6 - The Strategic Positioning of Saderat Bank Brand from the Viewpoint of Legal Customers – Manufacturing Units of Southern Khorasan Province
L. Mahmoodi S. A. R. Davoodi T. Sadeghi A. Kafashpor F. YosefzadehThis study aims to study the position of Saderat Bank Brand, Sepah, Mellat, Melli, Parsian, Eghtesad Novin, and Tejarat banks in attracting legal customers – manufacturing units. The study used a mixed/combined methodology. The positioning process and the perceptu MoreThis study aims to study the position of Saderat Bank Brand, Sepah, Mellat, Melli, Parsian, Eghtesad Novin, and Tejarat banks in attracting legal customers – manufacturing units. The study used a mixed/combined methodology. The positioning process and the perceptual map technique were applied. The population included senior managers and financial executives of manufacturing units in Sothern Khorasan Province, for which the data was gathered through surveying their opinions due to their limited number (fewer than 40). The focus group technique and the questionnaires were used at two times to collect the data. Analyses were done by analytic hierarchy process technique and non-parametrical statistics, clomograph and Kruskal-Wallis, and Mann-Whitney tests. The results indicate that Saderat Bank and Mellat Bank have the best position in terms of processes for the provision of manufacturing units with finance, the ease of processes for providing letter of guarantee and LC, and the provision of letter of guarantee and LC. Besides, Saderat Bank enjoyed the second rank – after Mellat Bank – on the minds of customers in this section of the market with regard to the negotiation and consultation services, and interaction between bank's managers and the senior managers of manufacturing units. Manuscript profile -
Open Access Article
7 - Surveying the Effect of Automated Service Quality on Customer's Commitment in Banking Industry
H. Vazifehdoost R. OmidzadePurpose: Nowadays competition for improving service quality is well known as a key strategic issue for organizations that operate in service sector. To reach this, banks have tried to use the backgrounds that information technology provides for them in order to pursue t MorePurpose: Nowadays competition for improving service quality is well known as a key strategic issue for organizations that operate in service sector. To reach this, banks have tried to use the backgrounds that information technology provides for them in order to pursue the modern methods and improve the quality of their services. The main purpose of this research is to investigate the outcomes of automatic service quality in electronic banking. Methodology: The present research is descriptive research in terms of method and nature; and in terms of performance it is surveying and in terms of aims it is applicable and uses structural equation modeling and LISREL software for investigating the relationships between the parts of model. Population in this research consists of bank customers in Azna town during the year 1391. To reach the aims of the research 450 questionnaires were distributed among the bank customers of Azna and among them 384 questionnaires were analyzed. Findings: Result of the research show that dimension of service quality has an impact on trust, commitment and customer delight. Also existence of impact of the customer delight on trust was accepted, but existence of impact of the customer delight on commitment was not accepted. Research Limitations: not to be available of accurate statistics of the customers using automated service was among the restricting factors in this research. Managerial Implications: Finally it is suggested that bank managers by adopting programs to know the strengths of their competitors in area of encourage and excite the customers to use of their automated service and also, to know the weakness of themselves in this area, providing the best services to their customers so that customers will understand the quality in the way of offering services and the pleasure sense be improved. Manuscript profile -
Open Access Article
8 - “Iran Export Engineering &Technical Services” (Identifying Barriers & Offering Suggestions)
H. Nezakati Alizadeh, F. FarzmAccording to the performed research in the field of engineering & technical services export in Iran .And with consideration of existing problems in this section, 4 effective categories has been identified in main activities with their relevant sub-cat MoreAccording to the performed research in the field of engineering & technical services export in Iran .And with consideration of existing problems in this section, 4 effective categories has been identified in main activities with their relevant sub-categories including: Bank activities; Financing methods; Presenting exchange facilities; Exchange bank guarantee issuing conditions; Establishing international bank relationships; Insurance coverage, Companies capabilities, Machineries & equipments conditions, specialized humans resources abilities; attendance of Iranian consultant companies in target countries; Marketing techniques & approaches used by Iranian exporters; Economic environment (exchange); Exchange rate fluctuation, Internal inflation rate, Government activities; political supports by Government; Cooperation & expediting the administrative affairs by relevant organizations; Governmental rules & regulation stability; Export promotions & awards. And each subcategory has been specified on the basis of testing according to priority. Manuscript profile -
Open Access Article
9 - Validity analysis of types of surety contracts for the validity of death from the point of view of Islamic religions
ehsan pourpooneh nagaf abadi ehsan aliakbari babokani masoud raeiFollowing the opinions of the jurists of Islamic schools of thought shows that the contract of guarantee for the validity of ajj includes several types with the titles of absolute guarantee, deferred guarantee, current guarantee, temporary guarantee, and malimjab. The q MoreFollowing the opinions of the jurists of Islamic schools of thought shows that the contract of guarantee for the validity of ajj includes several types with the titles of absolute guarantee, deferred guarantee, current guarantee, temporary guarantee, and malimjab. The question of this study is, what are the main evidences of the invalidity of conflicting forms? And on the assumption of concluding a guarantee on these forms in custom, can they be justified in a way that they are considered correct? Or should they be annulled? In this research, with a descriptive and analytical method, an attempt has been made to strengthen the idea that it is permissible to enter into a guarantee in the form of a dispute by rejecting and refuting the arguments for the invalidity of conflicting guarantees and presenting evidence for their validity. which is sometimes common among customs, give it a shari'i aspect and free their impermissibility from illogical justifications. Manuscript profile -
Open Access Article
10 - Examples of the province of "customary guardian" in jurisprudence
mihammadhosein meshkati seysdalireza hoseini alireza salimi Abdullah omidifardOne of the most frequent institutions that is considered in various jurisprudential subjects is the institution of "Wilayat (guardianship) ". Among the examples of guardianship, "customary guardianship" has been less discussed and studied, and in addition to the need to MoreOne of the most frequent institutions that is considered in various jurisprudential subjects is the institution of "Wilayat (guardianship) ". Among the examples of guardianship, "customary guardianship" has been less discussed and studied, and in addition to the need to explain the nature, it is necessary to examine the arguments for the legitimacy of its guardianship. Accordingly, the major question of the study is "What are the principles of legitimacy of customary guardian?". The research hypothesis is that blood relatives (other than father and paternal grandfather) are the customary guardians and narrative and rational arguments can be used for the legitimacy of their guardianship. The method of this study is descriptive-analytical and the religious arguments are analyzed in it. The finding of the current study suggests that by analyzing and scrutinizing the primary and secondary arguments of the guardian, the customary guardian can be accepted as a constrained guardian. Accepting the legitimacy of guardianship of a customary guardian will have many effects on individual and social life. In addition, it can reduce some of the responsibilities of the government and the judiciary system, and manage affairs more easily and by the people themselves. Manuscript profile -
Open Access Article
11 - A Jurisprudential and Legal Analysis of the Component of Permission to Limit Obligations
Hamid Khanmohammadi Abbas Karimi(corresponding author) Alireza Mazloom Rahni Mohammad BahmaniIn general, permission has a logical and conceptual appearance and can be appeared and shown in different ways. The basis of scholars has always been that if a person gives permission in a matter, he also authorizes the person in the tools and functions of that permissi MoreIn general, permission has a logical and conceptual appearance and can be appeared and shown in different ways. The basis of scholars has always been that if a person gives permission in a matter, he also authorizes the person in the tools and functions of that permission, and these tools of permission are not specified between the permission and the permitted person, but based on reason, this perception is created for the permitted person. There are factors in obligations that explicitly and implicitly limit it. Therefore, the purpose of this study is that permission and its functions can limit the obligation as a component, and this question is also raised as to how and to what extent the limitation is. Via examining a the descriptive-analytical method in jurisprudential and legal texts, permission is used as a component in obligations, and its tools and functions implicitly change the limits of the obligation and cause the increase, decrease, or cancellation of the obligation. Considering the past and present, no significant definition of permission has been seen in jurisprudence and law, and its legal nature has been a point of dispute and has been divided in different ways. In addition to the fact that permission has an explicit effect on the limits of the obligations, it is also implicitly effective and changes the limits of the permitted person’s obligations, and in some cases, in addition to the illegal possession, it will also have the effect of removing the guarantee. Therefore, the functions of permission are not merely limited to permission or permission in a legal event, but also in legal actions, and based on that, the limits of the obligation can be specified and determined, and the effect of possession can be considered useful. However, regarding the negation of the guarantee resulting from it, there are differences in different branches of Islamic jurisprudence (Fiqh) and law. Manuscript profile -
Open Access Article
12 - Conceptual Recognition of Guarantees and Its Types in Islamic Jurisprudence
Hasan Khodabakhshi Seyyed Mohammad Reza Ayati Asghar ArabianThe word “guarantee” in jurisprudence is a widely used term, and despite its widespread use in jurisprudence, both in its literal sense (between Imamite and Sunni jurists and in civil law and business law in Iranian law) and in its idiomatic sense, There is MoreThe word “guarantee” in jurisprudence is a widely used term, and despite its widespread use in jurisprudence, both in its literal sense (between Imamite and Sunni jurists and in civil law and business law in Iranian law) and in its idiomatic sense, There is disagreement. By examining jurisprudence and legal books it can be concluded that there is no comprehensive meaning to this term and jurists have defined the jurisprudence on every subject of jurisprudence in relation to the subject of warrant; Iodine and... each have a separate definition. The same difference in the definition of a guarantee has led some jurists and jurists to use terms such as “obligation”, “obligation”, “responsibility” and “obligation” sometimes in the sense of guarantee and sometimes in place of each other. The present article seeks to prove the assumption that bail in jurisprudence and law means civil liability and, in an analytical manner, by referring to authentic jurisprudential and legal books, proves this hypothesis. Manuscript profile -
Open Access Article
13 - Social Supervision in Islam
Saeed Amir Kaveh Amir KavehThis paper aims to redefine the social supervision and control in Islam as one of the most important ways of preventing deviations and abnormalities based on Islamic social worlds which include real world, contemporaries’ world (Umwelt), ancestors’ world (Vo MoreThis paper aims to redefine the social supervision and control in Islam as one of the most important ways of preventing deviations and abnormalities based on Islamic social worlds which include real world, contemporaries’ world (Umwelt), ancestors’ world (Vorwelt), and non-material world. Using Islamic resources (Quran and Hadith), this paper demonstrates four areas of Islamic society especially intangible area. According to the definition of social worlds in Islamic society, there will be a new definition for concepts such as norm, audiences (deviants), executive guarantees, and social control agents. The above mentioned worlds are generalized into the intangible elements and even their tangible elements are redefined in new ways. This kind of attitude would improve the efficiency of the social supervision and control in Islamic society. Manuscript profile -
Open Access Article
14 - The Changed Guarantee in the Rule of the Elimination of the Consenter before Billing and its Effects
Asghar Arabian Hasan KhodabakhshiIn the legal system of Iran and jurisprudence of Imam fellowship, the consensual agreement is a property and the most important effect is the ownership transfer, which coincidently is done by the agreement. However, it is possible to get the guarantee on behalf of the s MoreIn the legal system of Iran and jurisprudence of Imam fellowship, the consensual agreement is a property and the most important effect is the ownership transfer, which coincidently is done by the agreement. However, it is possible to get the guarantee on behalf of the seller (the consent receiver) and the buyer (the consenter). This consent is the same transferred subject. The changing consent has the mandatory to pay the exchange issue vis-à-vis the transferee and the reverse. The special qualification on the agreement of sales and consenter might be done before the main referral on the delivery of the compensation for the receiver and the withdrawn agreement resolves all charges for the customer. The main legal qualification has no congruence with the ownership transfer, so that the continuance of the changing guarantee relies on the seller for the stipulated compensation and the withdrawal of the contract and this formulation has been agreed by the competent legacy. The transferred guarantee sometimes occurs by the ownership transfer and the bills and billings. Manuscript profile -
Open Access Article
15 - Investigating the observance of the right to child marriage in Iranian law, with an approach to Islamic jurisprudence
Raziye Fakharzade Abbasali Roohani eftekhar rDaneshpoorThe issue of child marriage is one of the most controversial issues in jurisprudential and legal circles. The present article examines the element of expediency in child marriage by descriptive-analytical method, referring to library sources. Most sects of Islamic relig MoreThe issue of child marriage is one of the most controversial issues in jurisprudential and legal circles. The present article examines the element of expediency in child marriage by descriptive-analytical method, referring to library sources. Most sects of Islamic religions believe that expediency is conditional on the actions of the guardian over the property.Because the ruling on the necessity of the expediency of the guardian's actions towards Molly against himself is governed by the ruling on the permission of all the guardian's possessions in Molly's affairs against himself. Therefore, if the expediency of child marriage is not observed, there are two views; Some believe in the existence of the right of termination for the child at the time of eligibility and some believe in the invalidity of marriage. The theory of invalidity is more correct from the perspective of this research. Also, in order to maintain the envy of the child in this marriage, it is suggested to the legislator to present the certificate of the expert board to determine the existence of expediency in this marriage instead of examining the expediency. Manuscript profile -
Open Access Article
16 - Performance of the Rule of Guarantee of Exchange, in Termination of Contracts of Exchange
Mahdi KhademsarbakhshIn accordance with opinion “Islamic jurists” and under the “civilcode”, in the sale contract, whenever the subject of transaction isdissipated before the transference of the risk to assignee, thecontract would be rescinded and buyer legally shoul MoreIn accordance with opinion “Islamic jurists” and under the “civilcode”, in the sale contract, whenever the subject of transaction isdissipated before the transference of the risk to assignee, thecontract would be rescinded and buyer legally should give backthing has gotten from assignee. In law, The firest of rule is namedguarantee of exchange and towel of rule is named security faults intitle.This article attempts to examine this rule, guarantee of exchange,that hitherto was carried out at the performance of reciprocalcontracts, in termination of contract, ie: dissolution and revocation,and then proves performance or failure of performance of this rulein revocation and dissolution and It shall study existence or nonexistence of automatic liability while failure of proof guarantee ofexchange in termination of mutual interest contracts.This article proves that dissipation of object of dissolution willcause rescission and dissipation of object of revocation, without anyeffect on validity of revocation, will cause civil liability ofpossessor. Manuscript profile -
Open Access Article
17 - Check Jurisprudence and Legal Guardian of the Child Marriage
Mojde Zafari Mahdi KhodaeiAdoption is a legal institution under which a legal relationship between the spouses or the single guardian is created with the adopted child. In Iran, the law to protect unsupervised children was passed in 1974, and this law with the new title "Law for the Protection MoreAdoption is a legal institution under which a legal relationship between the spouses or the single guardian is created with the adopted child. In Iran, the law to protect unsupervised children was passed in 1974, and this law with the new title "Law for the Protection of Children and Adolescents, Orphans or with Irresponsible Parents" was amended and the former Act was repealed in 2013. According to this law, families without children or single women over thirty years old can adopt children or teens, either orphans or with irresponsible parents, if the conditions prescribed in the Act are provided. licensing the marriage between the guardian and the adopted child expressed in Article 26 of the same law, are Among the defects and problems of this law which are in conflict with the main purpose of this Act, in Article 1, the material and spiritual needs of children and adolescents. Manuscript profile -
Open Access Article
18 - Transfer of Proprietary Trusteeship to Jurisprudential one and its Consequences
Nasrollah Jafari Khosroabadi Pegah SarmadiPeople’s possessions in terms of others’ real properties are either onguarantee basis or on trust basis and trust possessions are eitherproprietary or religious. In several cases due to incidences likeinsanity and death in authoritative contracts, proprietar MorePeople’s possessions in terms of others’ real properties are either onguarantee basis or on trust basis and trust possessions are eitherproprietary or religious. In several cases due to incidences likeinsanity and death in authoritative contracts, proprietary trustpossession turns to religious one and this conversation of possessionhas consequences on the parties’ relationship which have not beenexplicitly mentioned in the Civil Code and legal experts andresearchers have not noticed them yet. Since legal orders arelacking here and Civil Code is defective, by virtue of principle 167of the Constitution, with reference to valid jurisprudential texts, theresearchers not only stipulate evidences of trust possessionconversion, but also count its effects. Manuscript profile -
Open Access Article
19 - Results and Difference of Delivery and Receipt in Contracts of Trade
Asghar Arabian Hasan KhodabakhshiSome thought men believe that delivery and receipt are similar to two concepts of cause and existence due to uniformity of essence in turns of validity are different. Because of this although delivery is done by seller and receipt is done by customer,delivery will be ha MoreSome thought men believe that delivery and receipt are similar to two concepts of cause and existence due to uniformity of essence in turns of validity are different. Because of this although delivery is done by seller and receipt is done by customer,delivery will be happened when receipt is done by customer, so effects like transferring of gurantee indemnify are done on customer's act and untillthe customer doesn'treceive the object of sale, the seller wont discharged from responsibility of destructing object of sale before receipt. In fact delivery and receipt are two concepts that their differences are real and fact. Delivery and receipt are two separated stepsfrom each other and imaginatingly delivery may be done by seller but the customer doesn't receive the subject. Practical use of this separation is in effects like transferring guarantee of indemnify, right of lien act and etc. It means that the goal of delivery is necessary for seller and one is discharge from guarantee won't be depended on receipt of object of sale by customer. Manuscript profile -
Open Access Article
20 - Consensus Historical Development and Evolution of its Jurisprudence
Muhammad Fathulahzadeh S. Muhammad Reza AyatiThe oldest issue is politically principled consensus emerged after the Prophet. Shiite jurist inspired by their religious leaders, as the law, if adopted innocent Kashfyt vote. Due to the disagreement in detail, triple bottom Kashfyt authority and different ways to plan MoreThe oldest issue is politically principled consensus emerged after the Prophet. Shiite jurist inspired by their religious leaders, as the law, if adopted innocent Kashfyt vote. Due to the disagreement in detail, triple bottom Kashfyt authority and different ways to plan and creates consensus acquired, mangool, madraki (documentation) and discretion and authority them. Citing disagreements in consensus predecessors and hot conditions as well as market consensus and discretion in the past attributed to scholars of religious books and review their comments and there is some consensus opposite, concrete, and work is evident. Take a look back into the history and evolution of legal consensus that the principles governing the consensus theory with practice and practice in the Shiite jurists concluded. Manuscript profile -
Open Access Article
21 - Feasibility of Recognizing Human Right to Self by Rule of Rule (Dominion)
Hojjatullah Rahmani Nia Aboalhasan Mojtahed SoleimaniOne of the indisputable and important rules of jurisprudence is the rule of Domination. According to this rule, man has dominion over his property and, consequently, the right to possess. The issue that has been raised in this regard and has caused controversy among jur MoreOne of the indisputable and important rules of jurisprudence is the rule of Domination. According to this rule, man has dominion over his property and, consequently, the right to possess. The issue that has been raised in this regard and has caused controversy among jurists as well as jurists is the possibility of recognizing the human right to the body based on the rule of Domination. The specific question in this regard is whether the human right to one's body can be justified on the basis of the rule of Domination or whether another approach should be sought? The results of the analysis of this issue in the present paper are that the inference of kingship over the organs of the body, by analogy with the priority of human kingship over rubbing, does not seem correct because our kingship over property is not absolute so that we can By analogy of priority, let us conclude that we have dominion over the organs of the body. Also, the delegation of human affairs to him can not be considered as a reason for man's dominion over his body parts, because the delegation of human affairs to him is only in matters not related to body (blood) and includes political and social issues. It does not enter into the circle of sensitive issues in which the Shari'a procedure is based on excessive precaution. On the contrary, reliance on the rule and theory of guardianship seems to be a better explanation of the human right to his body. Manuscript profile -
Open Access Article
22 - Social Thought and Social Responsibility in Imamiyah and Sunni Jurisprudence
Iraj Charkhchi Naser Marivani محمد علی ضیائیIslamic jurisprudence is responsible for understanding divine laws and responding to human needs in the context of individual and social laws and regulations that specify the general rights of individuals to the community, as well as the proper structure of these relati MoreIslamic jurisprudence is responsible for understanding divine laws and responding to human needs in the context of individual and social laws and regulations that specify the general rights of individuals to the community, as well as the proper structure of these relationships, and rules such as law, loss, discipline. And he remembers your stewardship ... Guarantees are among the most important and controversial topics in the field of law. Most importantly, because it is the most afflicted, and most controversial, in spite of the wide range of opinions and writings on this subject, there are still disagreements. Social thought has been a well-known customary and institutional founding of human societies and its origin is respect for the property, rights, and other matters in which the guarantor is concerned, and thus in all religions and law schools, the general principle of the guarantor notwithstanding. It has been recognized and legitimized and proven in the toys. Therefore, the root of the customary establishment of the guarantee must be traced back to property and other individual and social rights that have been accepted by human beings in all historical periods for the sake of social interest and justice. The product of social institution is the guarantee of social order, security and justice. Assigning a variety of responsibilities is also a new approach to the science of law. Manuscript profile -
Open Access Article
23 - Call for Prostration in the Day of Judgment from the Viewpoints of Quran and Mystics
علی اشرف امامیIn Holy Quran (68:42) one of the characteristics of the Day of Judgment hasbeen described as “the day when the leg shall be bared” which is a metaphorfor removing the veil of Glory; and subsequently the humiliation of creaturesare shown by general command fo MoreIn Holy Quran (68:42) one of the characteristics of the Day of Judgment hasbeen described as “the day when the leg shall be bared” which is a metaphorfor removing the veil of Glory; and subsequently the humiliation of creaturesare shown by general command for prostration. In this research, by takingadvantage of mystical principles and traditional commentaries, fourpropounded questions about these verses (68:42-43) are responded: thegenerality of this command; benefit and sagacity of prostration, polytheists’disability, and whose presence to prostrate. By referring to the HadithTahawwol (a tradition about God's self-transmutation at the Resurrection)-upon which Ibn al-Arabī’s theory of Ilāh ul-Motaghid were developed- andthe other traditions mentioned under these verses by other commentators,author comes to the conclusion that the interpretation of “the leg shall bebared” is associated with divine theophany in the form of Perfect Man.According to Hadith Tahawwol, God reveals Himself to each group ofpeople, but they keep on denying Him until He transmutes Himself intoa form that has the mark which they recognize. However, the Day ofJudgment is the field where monotheists are detached from others. Hence, aparticular theophany is needed by which monotheists start prostrating andothers fail to do so. Concerning the fact that in Shiite tradition the phrase “sāqal-ʻarsh” has been interpreted as the meeting place of the light of oneness(Tawhīd) and the Mohammadian light, and “Kashf sāq” has been interpretedas the authority and guardianship of Shiite Imams, and with regard to what isnarrated in Bukhari’s Sahih one can interprete the verse as the epiphany ofuniversal guardianship. Therefore, prostration in the Day of Judgment beforethis Truth is like angles’ bowing down to man. Manuscript profile -
Open Access Article
24 - Investigation of the Effect of Guar and Xanthan Gum and Sodium Stearoyl Lactylate on Qualitative Properties of Gluten-Free Sponge Cake, Based on Maize Starch and Okara
M. Keshavarzipour H. Abbasi M. FazelIntroduction: Celiac is an autoimmune disease resulting from disorder in gluten digestion. Several researches have been made on its treatment and control. Gluten-free diet might be considered as the safest method. The purpose of the present study is to formulate gluten- MoreIntroduction: Celiac is an autoimmune disease resulting from disorder in gluten digestion. Several researches have been made on its treatment and control. Gluten-free diet might be considered as the safest method. The purpose of the present study is to formulate gluten-free sponge cake based on okara (side product of soybean milk), as an appropriate protein and fiber based material and maize starch and improvement of its properties by using suitable additives. Materials and Methods: In the present study, the effects of guar and xanthan (%0-3) and sodium stearoyl lactylate (%0-1) on gluten-free cake properties based on okara and maize starch have been studied. The effects of independent variables on texture, color, density and porosity of the samples were modeled using response surface methodology. Results: By increasing the emulsifier, hardness, apparent modulus and chewiness decreased while springiness of the samples increased. The addition of more hydrocolloids had a reverse effect and led to increases in density and crust chrome. Finally the optimum concentration levels of variables were 1.2% xanthan and 1% sodium stearoyl lactylate in order to obtain the best qualitative properties. Conclusion: The application of appropriate additives at optimum levels is effective to improve the qualitative properties of prepared cake based on maize starch and okara. Due to the existence of high protein and fiber in okara, optimized sample had more nutritional value and less retrogradiation rate during storage than the control. This feature was related to the humidity retention of materials and the effects on reducing starch retrogradiation. Textural cohesiveness of optimum sample was maintained during storage. Manuscript profile -
Open Access Article
25 - Evaluation of the Effect of Guar and Xanthan Gums on Viscoelastic Properties of Gluten-Free Sponge Cake by the Use of Stress Relaxation Test
H. Bagheri A. Avazsufiyan M. AlamiIntroduction: Regarding the nutritional need for Celiac patients to use gluten-free diet, studies concerned with production to improve gluten-free products have been increased. The application of some ingredient as hydrocolloids is necessary due to low volume and weak t MoreIntroduction: Regarding the nutritional need for Celiac patients to use gluten-free diet, studies concerned with production to improve gluten-free products have been increased. The application of some ingredient as hydrocolloids is necessary due to low volume and weak texture in gluten-free products such as rice cake. This study is concerned with the application of hydrocolloids and its effect on the viscoelastic behavior of gluten-free rice cake. Materials and Methods: The effect of guar and xanthan gums on viscoelastic properties of gluten-free rice cake using stress relaxation test has been investigated followed by modeling and fitting the experimental date using tow Peleg- Normand and extended Maxwell models. Results: The results showed that F0, K1, K2 and Maxwell model parameters decreased by increasing guar and xanthan gums. Therefore by adding guar and xanthan gums, the initial decay rate was decreased. According to SSE and R2 models it might be stated that the Peleg- Normand model can justify the stress Viscoelastic behavior in gluten-free cake as versus the time. Conclusion: The application of guar and xanthan gums has improved the gluten-free cake considerably. Manuscript profile -
Open Access Article
26 - Influence of Guar Gum on Texture Profile Analysis and Stress Relaxation Characteristics of Carrot Sponge Cake
F. Salehi M. Kashaninejad -
Open Access Article
27 - The Effects of Iranian Gum Tragacanth on the Foaming Properties of Egg White Proteins in Comparison with Guar and Xanthan Gums
M. Mohammadian F. Alavi -
Open Access Article
28 - Effects of Carboxymethyl Cellulose, Pectin and Guar on Dough Rheology and Quality of Toast Breads
E. Karbala’e Husseina S. Movahhed A.R. Shahab Lavasani -
Open Access Article
29 - Interactions of Hydrocolloid and Emulsifier on Rebuilding Gluten Network of Damaged Wheat and Taftoon Bread Quality
Z. Sheikholeslami M. Karimi T. Hejrani -
Open Access Article
30 - The Role of Legal and Criminal Safeguards in Supporting Private Urban Green Space
shirin shirazian mohammad shahpariThe context and purpose of laws and regulations has always been one of the most important and effective tools of governments to preserve the fundamental values of society; Thus, since the 1972 Stockholm Conference, environmental values have been defined as one of th MoreThe context and purpose of laws and regulations has always been one of the most important and effective tools of governments to preserve the fundamental values of society; Thus, since the 1972 Stockholm Conference, environmental values have been defined as one of the fundamental values of human society. All countries are required to develop safeguards to protect the environment. One of the important components of the environment is vegetation, which is known in cities as urban green space. In Iran, several environmental laws have been developed at various levels, including legal, criminal, administrative and regulations. Therefore, laws and regulations are set and developed as tools of urban decision-making structure in order to protect and preserve these spaces in order to achieve the goals of urban sustainability and environmental justice.The research method in this article is descriptive-analytical which has been tried to collect laws, regulations related to the preservation and development of urban green space and also to identify challenges, gaps and shortcomings in the implementation and legal maintenance and development of urban green spaces and its privacy, take action. One of the most important laws in the field of urban green space is the bill on protection and expansion of green space in cities (approved in 1980) and the law amending the law on protection and expansion of green space in cities (approved in 2009). In order to preserve and develop urban green spaces, these laws have resorted to some legal and more criminal enforcement guarantees.The results of this study indicate that the laws and regulations related to green space in Iran are old and have many gaps and criticisms and in some cases it seems that it cannot meet the support needs as well as the development and maintenance of urban green space. Manuscript profile -
Open Access Article
31 - The Status of Legal Guarantees in Support of Urban Private Green Space
omid rahnama seyed mohsen beheshtiyan Maryam AfshariDespite the importance of urban green spaces in order to achieve sustainable development goals with growth and urbanization, green spaces have been severely damaged in the physical structure of cities. Rules and regulations are always considered the most important legal MoreDespite the importance of urban green spaces in order to achieve sustainable development goals with growth and urbanization, green spaces have been severely damaged in the physical structure of cities. Rules and regulations are always considered the most important legal instruments for governments to protect the environment. In our country, despite numerous environmental rules and regulations, the trend of the destruction of green spaces continues through change of land use, and so on. This study tries to address the strengths and weaknesses of executive guarantees in the current laws of the country in the field of urban private green space.The research method in this paper is descriptive - analytical. this article deals with the rules and regulations related to urban green space, in relation to the existing legal challenges in current laws and offering solutions.According to the analysis of legal guarantees in the field of urban private green space, despite several existences in this field such as financial crimes, imprisonment and ... perhaps one of the most important missing points in this guarantee, they are in the implementation stage, which means that there may be good guarantees in the rules but they are not implemented or neglected by the executors in the implementation phase.The results of this study indicate that the laws related to green space in Iran are old and have many criticisms but in some cases can not meet the needs of support and also the preservation of urban green space. Perhaps it can be said that the missing link in these laws is the incorrect implementation of the legal and penal guarantees provided in the laws. Manuscript profile -
Open Access Article
32 - Model for Calculating the Deposit Guarantee Fund’s Special Membership Fee Based on Risk
mehran aarabi ghasem aarabi ali saghafi jafar babajaniارجحیت و اوزان 22 شاخص با استفاده از اعداد فازی ذوزنقهای با روش تحلیل سلسله مراتب فازی تعیین و پس از انجام محاسبات میانگین هندسی و نرمالایز کردن آنها، ضرایب شاخصهای موصوف بدست آمده است. با استفاده از دادههای واقعی سال 1395، شاخصهای 31 بانک و موسسه اعتباری در سه بعد Moreارجحیت و اوزان 22 شاخص با استفاده از اعداد فازی ذوزنقهای با روش تحلیل سلسله مراتب فازی تعیین و پس از انجام محاسبات میانگین هندسی و نرمالایز کردن آنها، ضرایب شاخصهای موصوف بدست آمده است. با استفاده از دادههای واقعی سال 1395، شاخصهای 31 بانک و موسسه اعتباری در سه بعد مالی، نظارتی و سرمایهای محاسبه و مقدار ریسک جامع بانکها تعیین شده است. پس از تعیین ریسک جامع هر بانک از تاثیر ریسک جامع بر مبلغ تضمین، ارزش در معرض خطر5 هر بانک محاسبه شده است. در نهایت از طریق تعیین سهم از کل ارزش در معرض خطر، مبلغ حق عضویت خاص محاسبه شده است. Manuscript profile -
Open Access Article
33 - Requierements for Determining Technical Interest Rate in Iranian Life insurance Industry
Aziz Ahmadzadeh Mojtaba AbedThus, the analysis of the roots of technical interest rates, types of models for determining technical interest rates and identification of variables that should be considered in determining it and how and quality of monitoring it, has been done using the documentary me MoreThus, the analysis of the roots of technical interest rates, types of models for determining technical interest rates and identification of variables that should be considered in determining it and how and quality of monitoring it, has been done using the documentary method to the governing frameworks. Then, based on the results, a questionnaire was designed to confirm and complete the framework and sent to relevant experts. The results of the study show that based on the reviewed studies, the use of time series models is the main method of determining the technical interest rate in insurance companies, but in some cases, structural models have also been used.But in Iran, the use of time series models for determination of technical interest rates are not mentioned by experts and the majority of experts support structural models that taking into account the economic variables including inflation, interest rates, exchange rates and gold respectively (in order of importance) to determine technical interest rates. In the field of supervision, although there are different patterns, but the use of interest rates on long-term bonds with the highest credit rating, has been the common denominator of all countries to determine the maximum technical interest rate. It seems that the high weighting of experts on the variables of inflation, exchange rate and gold in Iran is due to the sharp fluctuations in the value of the national currency, which is the outstanding difference between Iran and other countries under study. Finally, Manuscript profile -
Open Access Article
34 - Ranking Tehran Stock Exchange brokerage based on criteria of settlement risk from settlement guarantee fund (SGF) in Central Security Depository of Iran (CSDI)
Ali Salehabadi Meysam Alimohammadi Javad MarzaniBrokerage firms are major financial institutions in the capital market and Due to the nature of the service brokerage firms, ranking them seem necessary. These firms can be compare and rank in different aspect that based on specific criteria. One of the risky processes MoreBrokerage firms are major financial institutions in the capital market and Due to the nature of the service brokerage firms, ranking them seem necessary. These firms can be compare and rank in different aspect that based on specific criteria. One of the risky processes in capital market is Settlement. Settlement Guarantee Fund as a risk management is one of common settlement method of securities transactions and need to be notice. This research is looking to evaluated brokerage firms based on the criteria of Settlement Guarantee Fund. Now Settlement Guarantee Fund is active as a unit of the Central Depository Company Formation and manage settlement risk in Tehran Stock Exchange (TSE) and Iran Fara Bourse (IFB). Using measures brokerage repeated default, default amount of latency and using TOPSIS method to rank list of active firms described Tehran Stock Exchange in 2013. The results show that in the list of members, SavAfarin and Saba Jahad Brokerage Company are highest and lowest ranking degree of settlement risk factors. There also appears to be a risk rating system established in the capital market seems necessary. Manuscript profile -
Open Access Article
35 - The role of guarantee of legal and criminal executions in protecting consumer rights in genetically modified products
elahe soleimani Shirin Shirazian Maryam afshariConsidering the unknown long-term effects of genetically modified products and the complexities of proving guilt and the relationship between the consumption of these products and their effects on humans and the environment, it is necessary to formulate a special legal MoreConsidering the unknown long-term effects of genetically modified products and the complexities of proving guilt and the relationship between the consumption of these products and their effects on humans and the environment, it is necessary to formulate a special legal system based on the approval of a law specific to these organisms.In this article, using library sources and analytical-comparative method, first of all, the concepts and generalities related to genetically modified products and the difference between the guarantee of executions in the legal system of Iran and the European Union are discussed, the existing challenges and finally the solutions to solve them. These challenges have also been explainedIran's biosafety law, unlike the European Union regulations, does not clarify the compensation system and the method of compensation, and for this reason, it cannot be expected that consumer rights will be properly protected.The biosafety law regarding the rights of consumers of transgenic products has shortcomings and loopholes, which due to the rapid developments in the field of biotechnology, especially the production of more transgenic products and their commercialization, doubles the necessity of its amendment. Manuscript profile -
Open Access Article
36 - Jurisprudential review and guarantee of criminal execution of dowry, alimony and custody Looking at the Quranic teachings
nayere Muhammad Ali Ibrahim maryam aqaei bajestani seyed mohamadreza emamEnforcement of criminal law in family law is one of the most important and controversial issues that has always been the subject of discussion. In this article, an attempt has been made to study the jurisprudence and guarantee the criminal execution of dowry, alimony an MoreEnforcement of criminal law in family law is one of the most important and controversial issues that has always been the subject of discussion. In this article, an attempt has been made to study the jurisprudence and guarantee the criminal execution of dowry, alimony and custody. The present article is an analytical descriptive study of the subject using the library method. The results of the article indicate that dowry, alimony and custody from the jurisprudential point of view contain instructions to protect the rights of couples and children. Criminal law also provides for a criminal guarantee for non-payment of alimony and dowry, as well as non-acceptance of custody. The Family Protection Law adopted in 2012 has intensified its punishment in cases such as the criminal execution of leaving alms. The penal provisions of the law in some cases, such as non-registration of marriage in terms of rules and principles of legislation such as necessity, comprehensiveness, face serious gaps and ambiguities. Regarding the dowry, of course, admirable efforts have been made to adjust and balance the dowry. Manuscript profile -
Open Access Article
37 - Investigating the meaning of guarantee in the Qur'an using the method of press semiotics
Majid Rejali MuhammadReza yousefi mohammadhassan masoumiOne of the differences between visual and Kufic syntax is the issue of spiritual substitution of letters, which the Kufis did not consider permissible, and the Basrians did not consider it permissible, and in the face of the question that some letters are used in their MoreOne of the differences between visual and Kufic syntax is the issue of spiritual substitution of letters, which the Kufis did not consider permissible, and the Basrians did not consider it permissible, and in the face of the question that some letters are used in their unreal meaning, they used the rule of guarantee. The guarantee of development is heterogeneous in the meaning of the verb along with the preposition. This definition of guarantee does not include all views; Because some methods accept spiritual liquor and some have accepted semantic conversion, and since guarantee is a prescriptive rule, a linguistic method must be used to correctly identify which method of dealing with guarantee is correct; Therefore, in order to recognize the truth of the meaning of guarantee in this paper, the method of press semiotics has been used and with this criterion, it has been determined that development in the meaning of signs has not taken place alone in the discussion of letters and has not taken place in verbs alone; Rather, in a two-way process, the two signs have combined their meanings in a combined forgery. Manuscript profile -
Open Access Article
38 - Quranic fundamentals and legitimacy regulations of governmental agencies controlling the privacy
mino khaki sayed mostafa mohaqeq damad mahdi dargheyThis resaerch peformed with a descriptive- analytical approach aimed at studying the level, necessity and limits of legitimacy for protecting system, national and public interests as well as their contention and interaction with the individuals’ privacy. The impor MoreThis resaerch peformed with a descriptive- analytical approach aimed at studying the level, necessity and limits of legitimacy for protecting system, national and public interests as well as their contention and interaction with the individuals’ privacy. The importance of the research problem is that the individuals in the society and as a collective life are of different rights including personal and social ones where, in practice, those rights partly are in contention with other’s right and public interests. Hence, to establish the social order, it is required to refer to inclusive rules, which respects, from one hand, the personal rights and freedoms as privacy and protects, from the other hand, the social rights or public interest. Consequently, considering the jurisprudential resources as well as referring to the legal fundamentals and statutes based on the public wisdom, it can be stated that the rules legislated for the purpose of protecting the system and public interests have been established generally and in fact for protecting the privacy and peace of individuals though at times interfering and in contention with protecting the individuals’ privacy. Manuscript profile -
Open Access Article
39 - Survey The truth of fasting and Its relationship with Imam from the perspective of verses and narrations
fateme ansariThroughout the ages, jurists have always strived to reach the truth of the rules: because reaching the goal of the holy shari'ah and attaining the truth of the rules is through understanding the hidden meanings and allusions of the words of the Lord. This study examines MoreThroughout the ages, jurists have always strived to reach the truth of the rules: because reaching the goal of the holy shari'ah and attaining the truth of the rules is through understanding the hidden meanings and allusions of the words of the Lord. This study examines the heart and truth of one of the divine commandments - the third. While explaining the truth of fasting and its connection with patience and guardianship, the author takes a new look at the Qur'an and the enlightening narrations of the Infallibles (PBUH) to examine the truth of the pillars of fasting and the many virtues of Shahrullah and proves that the truth of the city Ramadan, based on the duties of Yasir, the wisdom of the laws of Siam, Hudood Allah, Takbir in the city of Allah Al-Akbar, Fitr and Zakat Fitrah, is nothing but the introduction of Imam and guardianship. That is, the basis of fasting is based on the guardianship of the Commander of the Faithful and his descendants; This research is descriptive-analytical. Manuscript profile -
Open Access Article
40 - Jurisprudential Principles and Legal References of Public Interest’s Precedence over Property Rights by Focusing on Qur'an
Davoud Qasemi Qumars KamariThe philosophy of the state and government agencies is to provide public service, and there may be a conflict between the public interest and property rights in this regard. In such circumstances, priority is given to the public interest and appropriation, as one of the MoreThe philosophy of the state and government agencies is to provide public service, and there may be a conflict between the public interest and property rights in this regard. In such circumstances, priority is given to the public interest and appropriation, as one of the examples of administrative actions of the government, is based on the theory of public service; because appropriation is realized in case of eliminating the conflict between collective interests and individual interests and due to public service and preferential rules. Administrative rights in ownership are also supported by the same service. But the main question that is raised and examined in the present article is what are the jurisprudential principles and legal references of the priority of public interest over property rights? This article is a descriptive – analytical study and surveys the abovementioned question using the library method. The results show that the priority of public interest over private property based on public interest is accepted in jurisprudence and rules such as the rule of guardianship over abstinence, the rule of “no harm” and “Anfal” are the most important rules and principles of jurisprudence that affect the priority of public interest over property rights in the Iranian legal system. Manuscript profile -
Open Access Article
41 - Quranic and Traditional Principles of Judge's Social Responsibilities
Mahdi Bahremand Ahamad Reza Tavakkoli Mohammad Hadi MahdaviAccording to the vital status of judgement which is supposed to be adjudication for the society, a judge should possess special features and characteristics in order to play his role and judge the justice for the individuals as well as the society. In order to attain so MoreAccording to the vital status of judgement which is supposed to be adjudication for the society, a judge should possess special features and characteristics in order to play his role and judge the justice for the individuals as well as the society. In order to attain so, the judiciary system requires informed and educate in jurisprudence and laws to judge and solve people's legal problems unbiased and fairly and solely based on rules and laws. In order to prevent self – willing and egocentric judgement, it is advised to cite Quran and traditions to answer some troublesome questions thus make those sources responsible and avoid errors and mistakes; thus people won't be disappointed of judiciary system. Manuscript profile -
Open Access Article
42 - The Position of the Quranic Teaching of Guardianship in the Interpretations of Commentators of the Persian Interpretive School
Zohreh Maaref Ali RadIt is obvious that the Quranic teaching of guardianship has been one of the saving and guiding factors throughout history. By exploring the historical context of 15 centuries, we were able to identify more than 110 commentators, and 281 small and large interpretive work MoreIt is obvious that the Quranic teaching of guardianship has been one of the saving and guiding factors throughout history. By exploring the historical context of 15 centuries, we were able to identify more than 110 commentators, and 281 small and large interpretive works from the Persian interpretive school. Among these works, 82 works belong to thematic interpretations, and among these subjects, 11 cases are devoted to the Qur'anic teaching of "guardianship", which is spectacular in the form of various titles. The research approach is that the commentators of Fars Interpretive School have long paid special attention to the pure Quranic teaching of the guardianship, and the creation of interpretive works on this subject shows this issue. The emergence of the first work in the field of thematic interpretation and the choice of the pure subject of "guardianship" as the first selected subject, are two happy and simultaneous events in the Fars interpretive school in the fourth century. Most of the works entitled "Ma Nazal Men Al-Quran Fi Shan Amir Al-Momenin Ali" show the deep heart joint and love of the commentators of this region with Imam Ali (AS). The commentators of this school have understood well from the initial centuries until now that it is not possible to explain the pure teaching of guardianship without the name of Mawla Ali (AS). Manuscript profile -
Open Access Article
43 - Bahram Beizai's historical plays in Arabic and Persian literature
Fazel Abbaszadeh Mehrdad AghaeiBahram Beizai is one of the top play-writers in Iran and a director of theater and cinema who has used myths, legends, folklore and oral literature in the best possible way in his plays. Beizaei's plays have a great importance due to their influence on ancient Persian a MoreBahram Beizai is one of the top play-writers in Iran and a director of theater and cinema who has used myths, legends, folklore and oral literature in the best possible way in his plays. Beizaei's plays have a great importance due to their influence on ancient Persian and Arabic treasures. As it is clear, Beizai in his plays continues Ferdowsi's way in re-reading and recreating history, myths and epics, and he has inspired ancient Persian and Arabic sources in his literary works, including plays. This researcher intends to categorize Bahram Beizai's plays in a descriptive-analytical manner in the framework of "reading-oriented" critique and evaluate them with a favorable summary of the author's theatrical sources and the author's specific processing and approach. The results of the research show that Bahram Beizai, by examining different historical periods and adapting the epic myths, Ashura, pre-Islamic and post-Islamic history of Iran, has been able to bind his works with contemporary currents and ideas by these re-readings. Manuscript profile -
Open Access Article
44 - 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 -
Open Access Article
45 - Guarantee for giving damages to honor and life from the point of view of Imamiyah jurisprudence and law
Hamid Kaviani Fard Nasrin Karimi Masomeh Todeh KharmanThe subject of guarantee for human lives, is one of the challenging "Islamic Rights and Rules" That its necessity is a lot. But the way of evaluate and compensation is unknown. but also in feqh rules, there is some solutions for compensation for spiritual damages But th MoreThe subject of guarantee for human lives, is one of the challenging "Islamic Rights and Rules" That its necessity is a lot. But the way of evaluate and compensation is unknown. but also in feqh rules, there is some solutions for compensation for spiritual damages But there is no personal criterion. In fegh, compensating for spiritual damages is depended on reasonable reasons. And very sources of religious orders are depended in especially harmless rule In addition to the "Harmless rule, the other reason for compensating spiritual damages is forecast "Deieh" about compensation for mental damages. Also in Iran's legal system, mental damages can be compensated. in article 9 of "Codes of Criminal procedure" and articles 1,2,8 and 10 from "Civil liability law", the possibility of claiming for losses are available. 141-RR Manuscript profile -
Open Access Article
46 - Investigation of the punishment or compensation of Diyat from the point of view of Imamieh jurisprudence
seyedmorteza mosavytabar jamal beigi Zahra ghahremani manochehr omidiIn murder or crimes, if it is not possible to take retribution, or in the specified circumstances, that Muslim blood is not wasted due to a crime committed against a person or a member of the police against him, he or his fellow parents shall be entitled to the death of MoreIn murder or crimes, if it is not possible to take retribution, or in the specified circumstances, that Muslim blood is not wasted due to a crime committed against a person or a member of the police against him, he or his fellow parents shall be entitled to the death of Diyah. It is a question that this article seeks to answer if it is payable by the offender to the guilty person against his or her parents for punishment or for compensation. The result of this answer is that in the event of a punishment, they will have conditions that have other penalties, and that the person will be convicted, while if it is a compensation, it will be a personal right and have civil aspects whose terms Like financial transactions, it will be subject to certain conditions, and the other person will not be entitled to the criminal offense. Manuscript profile -
Open Access Article
47 - The stepchild alimony in Iranian law and Sunni religions
Mahdieh Mohammadi Mahdi MirdadashiThe problem of orphans because of the impact of these children on society, the growing number of them, the respect for human affairs, and thousands of other reasons has long been a concern of various societies, especially cultural, social and legal scholars And today th MoreThe problem of orphans because of the impact of these children on society, the growing number of them, the respect for human affairs, and thousands of other reasons has long been a concern of various societies, especially cultural, social and legal scholars And today their finances, including inheritance and alimony, are under investigation. This research has focused on these children for the aforementioned reasons And since there are divergences between Iranian law, Imamiyah jurisprudence, and Sunni jurisprudence, this article is about explaining and comparing jurisprudential opinions with legal ones in the field of alimony for these children and ultimately solutions for The implications of speculation on the status of such people are raised and suggestions are hoped to fall. Manuscript profile -
Open Access Article
48 - An Analysis of the Concept of Expert and Expertise in Islamic Ideology
Mahdi Fadaei Mehrbani Naser Garusi Saeed JahangiriThe purpose of the current study is to analyze the concept of expert and expertise in Islamic ideology. To this aim, the method of descriptive analysis was used to explain the concept of expertise in Islamic politics. The results revealed the perception of Muslims from MoreThe purpose of the current study is to analyze the concept of expert and expertise in Islamic ideology. To this aim, the method of descriptive analysis was used to explain the concept of expertise in Islamic politics. The results revealed the perception of Muslims from the concept of expertise and how it has performed as a criterion to determine the political boundaries in Islam. Shari’ta, like a text, needs to be interpreted and it requires elites, experts and jurists in religion. Politics in Islamic sense is fundamentally bound up with the concept of expertise, and the term “experts” often refers to the rulers and officials. Manuscript profile -
Open Access Article
49 - Jurisprudential arguments for the legitimacy of electronic documentary credits
younes Kazerani SeyedAskari Hoseini moghadamIssue: In order to build trust in international trade, a mechanism called letter of credit has been used in which the bank, as an intermediary, is responsible for guaranteeing the payment of one of the parties. Recently, the electronic type of documentary credit has bee MoreIssue: In order to build trust in international trade, a mechanism called letter of credit has been used in which the bank, as an intermediary, is responsible for guaranteeing the payment of one of the parties. Recently, the electronic type of documentary credit has been introduced to facilitate global trade.Purpose: The purpose is to examine the reasons for the legitimacy of electronic letters of credit.Methodology: In this research, the jurisprudential arguments for the legitimacy of electronic documentary credits have been studied in an analytical-descriptive manner with the help of receipt tools.Findings: According to the contract of sale and the contract of guarantee, the principle of documentary credit is a legitimate mechanism for the development of world trade and as one of the provisions of the contract between the two parties, it has sharia validity. Therefore, according to the legitimacy of this mechanism, its electronic type has the same nature and effects of electronic type according to the jurisprudential principles such as verses and hadiths, the principle of immorality, the rule of compromise, the rule of no harm, the rule of necessity and some other jurisprudential arguments. Manuscript profile -
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50 - Practical Analysis of Strengthening the Economy Based on the Guidelines of the Revolutionary Supreme Leader in the Realm of Resistance Economy (Case Study: Economic Protection of the Islamic Republic of Iran)
Mohsen Azizi Hossein Hassanzadeh Ali Reza Maqdisi The purpose of the present study is to explain important indicators of resistance Economy in Iran for the protection of frontiers based on the guidelines of the Supreme Leader on resistance Economy. Applied research method was used in this study and it was More The purpose of the present study is to explain important indicators of resistance Economy in Iran for the protection of frontiers based on the guidelines of the Supreme Leader on resistance Economy. Applied research method was used in this study and it was conducted by mixed method (qualitative-quantitative) and analytic hierarchy process (AHP). The results showed that the introduction of e-government in customs, shortening customs procedures, strict enforcement of health laws and regulations to put ban on importing unhealthy and harmful goods, creating a unique cross-border trade window, and providing special facilities for manufacturing companies are among the most important indicators for strengthening the Iranian economy. Manuscript profile -
Open Access Article
51 - Wilayat-e Faqih (Guardianship of the Islamic Jurist) in the Political Ideology of Sheikh Fazlollah Noori
Ebrahım Masoumı Hosein Arjini Ali Hashemzadeh Kooshak GhaziThe purpose of the present study is to review the special place and function of Wilayat-e Faqih (Guardianship of the Islamic Jurist) in Islamic society and the principle of Jurists’ supervision over the parliament legislations in the ideas of Sheikh Fazlollah Noor MoreThe purpose of the present study is to review the special place and function of Wilayat-e Faqih (Guardianship of the Islamic Jurist) in Islamic society and the principle of Jurists’ supervision over the parliament legislations in the ideas of Sheikh Fazlollah Noori. The method of study is documentary research and descriptive analysis; the results showed that the presence of Sheikh Fazlollah Noori as a leader in the constitutional revolution is the clearest evidence for his disbelief in the royal government. He regards the Islamic jurist as the successor of Imam Zaman and hence he opposes the king and his collaborators. He considers all the (judiciary, executive, and legislative) officials in a legal government as the assistants who fulfill the orders of the Islamic jurist. Compared to other Islamic scholars, Sheikh Fazlollha Noori had a different view about the dignity and place of Islamic Jurist during the occultation as he believed that the Islamic jurist should have authority to perform divine rules, enjoin good, forbid evil, and finally execute Islamic orders. Manuscript profile -
Open Access Article
52 - A Comparison between the Politics of Conservatism and Reformism in the Islamic Republic of Iran
Karim Ghasemi Mohammadraza Aghareb parast Esmaeil ShafieeThe purpose of the present study is to compare the policies of two political approaches in the Islamic Republic of Iran known as conservatism and reformism. To this aim, using the descriptive-historical method and Laclau and Mouffe’s discourse theory as the theore MoreThe purpose of the present study is to compare the policies of two political approaches in the Islamic Republic of Iran known as conservatism and reformism. To this aim, using the descriptive-historical method and Laclau and Mouffe’s discourse theory as the theoretical framework of the study, it was attempted to comparatively delve deep into the policies of conservatism and reformism in Iran. The results indicate that the identities and competitions in the intellectual framework of conservatism rely upon a fundamental concept known as “Willayat” (guardianship) so under the influence of this perception, they believe in the legitimacy of the establishment and a rather conservative political system. However, in the intellectual system of reformism, “people” have a central role as the reformists believe in the legitimacy of people and an open political system. Each of the above approaches attempt to have hegemony in the political realm, highlight their meaningful system, deconstruct, and marginalize their rival. Manuscript profile -
Open Access Article
53 - The Effect of Shahīd Bihishtī’s Ummat and Imāmat (Nation and Leadership) System in Compiling the Constitution
sajjad Panahi Ali MohseniThe purpose of the present study is to explain the key role of Wialī-i Faqīh (Islamic jurist) in guiding a democratic Islamic society. In this regard, the main research question is whether Shahīd Bihishtī’s Ummat and Imāmat theory could have explained the position MoreThe purpose of the present study is to explain the key role of Wialī-i Faqīh (Islamic jurist) in guiding a democratic Islamic society. In this regard, the main research question is whether Shahīd Bihishtī’s Ummat and Imāmat theory could have explained the position of Wilāyat-i Faqīh with respect to people’s right to choose their own destiny. The method of study is descriptive analysis and the results showed that Shahīd Bihishtī as a propagator of religious thought could design divine freedom as the important goal of Iran’s Islamic revolution in compiling the constitution of the Islamic Republic of Iran and within the framework of the nation’s divine rights, and then he implemented that as an efficient software in social life and the main axis of Iranian-Islamic power execution. Since materialistic schools especially liberalism, with the slogan of individual and social freedom, attract public and elite as it also had some fans among the western members of the Assembly of Experts who compiled the constitution, Shahīd Bihishtī supporting the Islamic principles criticized the intellectual resource of liberalism and revealed the superficial nature of freedom in liberalism and he regarded that without any divine origin or source and considered it as a drawback and shortfall for this materialistic school. He believed that freedom has a Godly source and is manifested with absolute awareness. Manuscript profile -
Open Access Article
54 - The Role of Leadership in the Convergence of People and Officials in the Islamic Republic
Roogaye Nagezade Mehdi Firuzkuhi Alireza GolshaniThe purpose of the present study is to review the role of leadership in the convergence of people and officials in the Islamic republic. The method of research is descriptive-analytic and the results showed that bringing unity between people and officials relies on some MoreThe purpose of the present study is to review the role of leadership in the convergence of people and officials in the Islamic republic. The method of research is descriptive-analytic and the results showed that bringing unity between people and officials relies on some factors such as the existence of religious authority basement and political leadership, people’s satisfaction and participation in affairs as well as the officials’ law-abiding attitude. The supreme leader of the Islamic revolution has assisted in the realization of convergence in society by some measures such as using people’s participation in the administration of the country, giving centrality to the principle of commitment, law and social justice, creating the discourse of simple living, bringing unity among people, acknowledgement of supervision right for people, and with respect to the position of his honor in the Islamic system as well as his responsibilities and authority based on the outright principles of the constitution and the holy legislation of Islam. Manuscript profile -
Open Access Article
55 - Analyzing the Role of Ayatollah Khamenei as the Nodal Point of the Islamic Republic System
Arash Monshizadegan Ali Asghar Davoudi saeed gazeraniThe present study aims to examine the position of the Supreme Leader in the structure of the Islamic Republic of Iran from the perspective of a nodal point. The research method is descriptive-analytical and is based on the hypothesis that leadership, as the main factor MoreThe present study aims to examine the position of the Supreme Leader in the structure of the Islamic Republic of Iran from the perspective of a nodal point. The research method is descriptive-analytical and is based on the hypothesis that leadership, as the main factor preserving the identity and unity of the nation, plays the role of the nodal point in the existing political structure. Ayatollah Khamenei, as the leader of the Islamic Republic of Iran, has a significant role in guiding the nation, regulating the relationships among the branches of government, and managing crises. In his capacity as a leader, with legal and supra-institutional authority, he has performed vital functions during the Islamic system's passage through crises over the past three decades. Considering the importance of the nodal point in creating a sense of integration that is identity-forming and identity-preserving, it appears that the leadership acts as a kind of junction, organizing a vast number of floating signifiers, that is, a multitude of ideological elements within a unified domain. Additionally, the Supreme Leader, in fulfilling the role of the nodal point and executing specific functions, has played a unique role in the political system of the Islamic Republic, creating synergy and unity of action among the branches of government and officials, and thereby contributing to stability, security, and progress. Manuscript profile -
Open Access Article
56 - Relationship of the absolute rule of the Faqih with the role of time and place in ijtihad
afsaneh torkashvand Mahmood Ghayoom zadeh Abbas Ali HeidariThe purpose of the present study was to explain the relationship between the jurisprudence of the jurisprudent and the role of time and place in ijtihad and present a new theoretical study on the use of jurisprudence's jurisprudence to facilitate community affairs. In t MoreThe purpose of the present study was to explain the relationship between the jurisprudence of the jurisprudent and the role of time and place in ijtihad and present a new theoretical study on the use of jurisprudence's jurisprudence to facilitate community affairs. In this regard, the role of time and place in ijtihad, rulings, emergence of new subjects, discovery of new instances of subjects, implementation of rulings, governmental rulings and the preference of some rulings over others (important and important rule) is examined through a descriptive-analytical method. It took. The results show that the jurisprudential authority of the jurisprudent is closely related to the role of time and place in ijtihad and these two aspects of the jurisprudent's decision are determined. Time and place influence the parameters of sentences, their subjects, and their characteristics. But the jurisprudent can not only solve modern problems and problems of modern society by means of primary and secondary verdicts, but by using the element of expediency, the rule of law, the principle of importance and the element of time and place, can solve emerging problems. Manuscript profile -
Open Access Article
57 - Manifestation of Quran and Hadith in Saadatnameh of Sheikh Mahmoud Shabestari
Hamid Edalatfar Sayyed Mohsen Sajedi Rad Mohammad Ali Atash SodaMasnavi Golshan Raz is the most important and famous work of poetry by Sheikh Mahmoud Shabestari, which contains his mystical thoughts. Despite its small size, this book is one of the most valuable relics of ancient Persian mystical literature, in which the expression o MoreMasnavi Golshan Raz is the most important and famous work of poetry by Sheikh Mahmoud Shabestari, which contains his mystical thoughts. Despite its small size, this book is one of the most valuable relics of ancient Persian mystical literature, in which the expression of Sufi concepts is accompanied by passion and enthusiasm. Shabestari composed this Masnavi in response to the questions of Amir Hossein Heravi. Shabestari composed this Masnavi in response to the questions of Amir Hossein Heravi. On the 17th of Shawwal, 717 AH, an envoy from Khorasan quotes problems and issues related to understanding and explaining some of the mysteries of mystical allusions in the form of poetic letters in a meeting with Shabestari, in which Shabestari has responded. Golshan-e-Raz's poem has the beauty of words and expressions, it is based on reason and wisdom more than it originates from imagination. In fact, the contents of this poem are a summary of the conquests of Mecca and even Ibn Arabi's Fusus. The degree of familiarity and mastery of Sheikh Mahmoud Shabestari, the great mystic, over the Qur'an and hadiths to some extent in expressing his mystical secrets in the form of guarantee, he uses allusions to the verses of the Holy Quran and the hadiths of the Prophet to prove his views. Blessed and noble hadiths. This article tries to show the rhetorical effect of literary techniques and lexical effectiveness on the use of the Qur'an and Hadith in a (descriptive-analytical) method. Page and bit number. Manuscript profile -
Open Access Article
58 - Explanation on Evolutionary Guardianship on the Supreme-Human (The Perfect or the Exalted Man) In Epistemology Geometry of Islamic Mysticism (With a Focus on Thoughts (Ideas) Of Imam Khomeini)
Ali Hosseini Jaseb NikfarIn mysticism, discussion about evolutionary guardianship is studied under the subject of the supreme man (the perfect man) who is initial medium of creation system in the Arc of ascent and descent (the arc of rise and fall). The perfect man or the supreme-human is the c MoreIn mysticism, discussion about evolutionary guardianship is studied under the subject of the supreme man (the perfect man) who is initial medium of creation system in the Arc of ascent and descent (the arc of rise and fall). The perfect man or the supreme-human is the core or place of manifestation of all divine names and attributes and the cosmic and the earth facts such that human is like the spirit of the world (universe) and the universe is as his body. As spirit manages or modifies the organization of the body by physical and spiritual powers, the perfect man or the supreme-human also reaches the universe creatures with connecting or having divine facts, and as the life of body depend to the spirit, and without the spirit, it would be deprived from perfection, the divine life also becomes meaningful only by modifying or seizing the successor of Allah and by its mediation. Without the perfect man the life also becomes ruined (decayed) and will die out. The human access to the successor of Allah is occurred through three processes. First, the divine names and attributes are given to the perfect man, and second, the receiving or acquisition of divine and humanistic facts are granted to the supreme human and hebecomes aware of the unseen world. Third, he gains the creatingor innovating power andauthority. The successor of Allah, after Intrinsic, attribution and behavioral extinction, arrived at life and thrived after elimination and the survival position after elimination. He also existed in the factual or right. After that, when the perfect man becomes the ears, eyes and hand of Allah, He becomes manifested by perceptual and excitatory forces (powers). Manuscript profile -
Open Access Article
59 - Gnostical manifestations of Ghadir Khom speech expressed in poems of Maulana Jalaleddin Mohammad Balkhi
Masrooreh MokhtariAlthough a lot of valuable books and essays have been written about Ghadir speech and the unique man of history, Imam Ali; there are thousands secrets which have not been discovered yet. The words told by Prophet Mohammad in Ghadir speech about the Imam Ali's merits all MoreAlthough a lot of valuable books and essays have been written about Ghadir speech and the unique man of history, Imam Ali; there are thousands secrets which have not been discovered yet. The words told by Prophet Mohammad in Ghadir speech about the Imam Ali's merits allows gnostic poets to use the plenty of gnostic concepts expressed in this speech as a model in their own gnostic issues. Maulana Jalaleddin Mohammad Balkhi is one of prominent poets in this domain who could state belief-related bases of Ghadir through its literal modeling and make a contribution to revive the message of Ghadir. Since this speech is full of Gnosticism and knowledge, this article is an attempt to investigate some important gnostic manifestations (guardianship, ideal human, intuition, unity of guardians' souls) in poems of Maulana. The manifestation of guardianship in Maulana's works is one of thousands attractive manifestations in Ghadir speech. Molavi, as a devotee of Imam Ali, is aware of his virtues and has introduced Imam Ali as divine light, origin of divine guardianship, intuition master, source of goodness, ideal human prototype who has experienced intuitive observations, and pioneer of disciples. Manuscript profile -
Open Access Article
60 - A Mystical Attitude toward Existentialism of Imam Ali (p.b.u.h.)
Ali Akbar Afrasiabpour Felour Valipour Chahardah CherickWorldview of Imam Ali (p.b.u.h.) also involves a mystical view. In his mystical existentialism, he believes that the real existence only belongs to God and that the universe is the manifestation of Divine names and attributes, meanwhile accepting the law of causality an MoreWorldview of Imam Ali (p.b.u.h.) also involves a mystical view. In his mystical existentialism, he believes that the real existence only belongs to God and that the universe is the manifestation of Divine names and attributes, meanwhile accepting the law of causality and proves it to the world. His excellency, Ali(p) through comparison and contrast in fact confirmed the pantheism as the exact polarity, and in His statements proves the unity of existence that is the same legal unity of fact. His excellency, by stating his special position and that of other family members of prophet Mohammad proves their mediator role to be of their blessing, also position of caliphate and absolute Guardianship for all of them and so explores mystical secret stages of the existence. Manuscript profile -
Open Access Article
61 - The Connection between "Guardianship", "Femininity", and "Perfect Human" in Sheikh Sanân Story and in Ibn Arabi’s Mysticism
Mohammadreza Pashaee Saeed Ghasemi PorshokouhMantiq al- Tair is a symbolic fable which the story of sheikh Sanân in it is the story of a pious elder man and it consists of mystic points such as, this story is a practical suffice mystic that Attâr explains in form of symbolic tale. This research is anal MoreMantiq al- Tair is a symbolic fable which the story of sheikh Sanân in it is the story of a pious elder man and it consists of mystic points such as, this story is a practical suffice mystic that Attâr explains in form of symbolic tale. This research is analytical and descriptive method by accenting on library studies in sheikh sanân and Ibn Arabi’s mystic, emphasizes on and compare three subjects of the ascension, Fiminity and perfect human and we result sheikh Sanân is symbol of human, a row human who should pass from the rank of human spirit in order to earn of his perfection. Although, the perfect human for arriving to rand of actual perfect human and special guardian should pass from of Feminity too and this passage is because of true perfect human or holy prophet. This is expressing that the perfection of any perfect human in history is for true perfect human. Manuscript profile -
Open Access Article
62 - Women’s Alimony in Iran, France, and Sweden Laws
حسن Heidari منیژه Hajati یوسف Ebrahimi NasabThe Purpose of this research was to compare the “couples’ financial relations” in Iran, France and Sweden law systems specially the term “alimony”. One of the problems to be referred as sex discrimination between the men and women is the mu MoreThe Purpose of this research was to compare the “couples’ financial relations” in Iran, France and Sweden law systems specially the term “alimony”. One of the problems to be referred as sex discrimination between the men and women is the mutual rights of the couples. Wife and husband through the marriage contract endured different bilateral responsibilities toward each other. Providing the family revenue in Iran is the unilateral man commitment and woman has no responsibility in this field, while in France and Sweden it is a bilateral commitment and woman has the same responsibility to provide the family expenditures as well. Some believe that most of the religious jurisprudence laws have been discriminated between man and woman and it would be necessary for Iran to join the international convention of the woman rights which seeks the equality of man and woman in all aspects. To view the different angles of the discussion, the man and woman relationships were considered on financial and non-financial aspects. The marriage was not suppose to be concerned about the loss and profit at the earlier moments but on the serious first crisis the financial counterclaim to be the most vital conflicting dispute. And if it was not managed properly it would lead to critical legal suit. In Iran laws, the principle of financial independence of the mates was the basis of couples’ financial relations and both the wife and husband are completely independent in acquiring their properties. But in the western countries laws such as France and Sweden in the properties partnership systems man is the boss of the partnership and manage the joint mates properties and in the properties absolute isolation system according to the legal assumption , he could manipulate his wife property unless the woman rejects it obviously. In this paper, the legal different systems of the above mentioned countries were discussed. Manuscript profile -
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63 - Criticism of the rational arguments for the necessity of calling to Shiism
Mostafa Khodadadnejad Rouhollah KhodadadiInviting 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 MoreInviting 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 -
Open Access Article
64 - Guardianship of the Constitution in Iran From Carl Schmitt’s Point of View
SeyedMostafa Seyedzade Kolachahi Reza ParasteshGuardianship of the Constitution is one of the most eminent subjects of public law which brings controversies among public lawyers. For instance, one of the most influential lawyers, a German jurisprudent named Carl Schmitt believed that it is the president who should b MoreGuardianship of the Constitution is one of the most eminent subjects of public law which brings controversies among public lawyers. For instance, one of the most influential lawyers, a German jurisprudent named Carl Schmitt believed that it is the president who should be in charge of the guardianship and protect the constitution in the state of exception. In the constitution of the Islamic Republic of Iran, according to article 113, it is the duty of the president to guard the constitution and on few instances Presidents struggled to take the position but they were not successful. Authors of this article believe that there is no resemblance between Carl Schmitt’s point of view and the constitution of the Islamic Republic, since president has minimal prerogatives which are not sufficient for the guardianship. Moreover, the president in the constitution of the Islamic Republic of Iran is in fact a prime minister who has a few prerogatives of a president. Manuscript profile -
Open Access Article
65 - The nature of intellectual property in Iranian and Islamic law
Ali TaghipourianIntellectual property is one of the types of property that is respected both in jurisprudence and in law, and the guarantee of many legal, criminal and registered enforcements is foreseen in order to prevent infringement of those rights. Therefore, intellectual property MoreIntellectual property is one of the types of property that is respected both in jurisprudence and in law, and the guarantee of many legal, criminal and registered enforcements is foreseen in order to prevent infringement of those rights. Therefore, intellectual property has created a special place for itself, along with tangible properties, and on the other hand, its financial and spiritual value has also played a significant role in raising its status, and finally these factors have led to the formulation of many laws regarding intellectual property, which are the result of intellectual property. On the other hand, it is necessary to mention that intellectual property is divided into two branches, intellectual property and industrial property, and each of them has seen its own field and legal development, and the dependence of countries on each other and their commercial relations cause the increasing development of intellectual property in countries, has become. As a result, it should be noted that the traditional division of financial rights into objective rights and religious rights has been changed in new and contemporary laws, and intellectual property rights have been added as the third category of financial rights. Manuscript profile -
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66 - The foundations of mother's guardianship in Imami jurisprudence and Iranian law with a look at its foundations in American law
Hasan Falah seyed javad seyedalizadeh ghangi bahnam ghanbarpoorHuman nature and the benefit of the child and the society require that the guardianship of the child and the management of his affairs be entrusted to people who are more closely related to him and who are interested in his fate and happiness.Although the laws are not t MoreHuman nature and the benefit of the child and the society require that the guardianship of the child and the management of his affairs be entrusted to people who are more closely related to him and who are interested in his fate and happiness.Although the laws are not the same in determining the persons who are in charge of this position and how to apply it, as well as regarding the prisoners who are under compulsory guardianship.In accordance with Imami jurisprudence, the civil law in articles 1180 and 1181 places the guardianship of the child on the father and the paternal ancestor on the same level as the father, and does not foresee any type of guardianship for the mother.Therefore, in the inquiry regarding the question of what basis and criteria can the mother's guardianship be based on in the laws of Iran and America; With the descriptive-analytical method according to the time requirements of the current period, this province can be considered for parents.In American law, at first, due to the low social status of women and the unreasoning control of them by their husbands, they did not have any rights regarding child custody.Finally, in addition to the fundamental differences in the laws of the two countries regarding the rules of the mother's guardianship over her children, with the focus on the expediency and needs of the child, it is possible to favor the priority of the mother's dignified guardianship in some cases. Manuscript profile -
Open Access Article
67 - Innovations in Iran's Criminal Justice Policy on Bank Guaranteed Crimes
Seyyed mohamad Saadatmehr Ali Saffary Abbas Tadayyon -
Open Access Article
68 - Guarantee Arising from Conducting Transactions Based on Confidential Information in the Stock Exchange
Shervin Zahedmanesh Alireza Rajabzadeh Estahbani Mohammad SadeghiConsidering the last part of Article 52 of the Securities Market Law of the Islamic Republic of Iran, as well as the existence of general rules and principles that exist regarding the necessity of acquiring property through religious and moral means, in principle, civil MoreConsidering the last part of Article 52 of the Securities Market Law of the Islamic Republic of Iran, as well as the existence of general rules and principles that exist regarding the necessity of acquiring property through religious and moral means, in principle, civil liability using confidential information does not seem doubtful, However, the principles of civil liability for damages in such an assumption are challenging and require careful discussion; Because the existence of civil liability requires proof of its basis. Rules such as the sanctity of false property in jurisprudence and the prohibition of unjustified possession in the law in question are the foundations that can be examined to prove the guarantee of persons who make a transaction based on such information. As a result, the cause that adds to the assets of the person using the confidential information is not legitimate, and such money must be returned according to the law and custom. Manuscript profile -
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69 - Designing the viability Model of Entrepreneurial Businesses Among Cooperatives Based on Key Components of Entrepreneurship
Mehdi HoseinNejad Gholamhossein Hosseininia Hosein vazifehdustthis study aimed to design a viability model in entrepreneurial cooperatives under the gaurantee of the Cooperative Investment Guarantee Fund. In this regard, a qualitative and quantitative approach was used to identify and formulate effective factors on the viability o Morethis study aimed to design a viability model in entrepreneurial cooperatives under the gaurantee of the Cooperative Investment Guarantee Fund. In this regard, a qualitative and quantitative approach was used to identify and formulate effective factors on the viability of cooperatives. Delphi method and semi-structured interview in qualitative section and exploratory and confirmatory factor analysis in quantitative section have been used. The target population of this study is Entrepreneurial Cooperative Companies under the Gaurantee of Cooperative Investment Guarantee Fund. Some CEOs and board members of co-operatives were involved in the elite interview and Delphi process. In this research, the framework was first prepared using previous studies and interviews in this field, and then by using Delphi method of experts and by judicious and chain sampling, it was tried to develop the correct model according to the experts' opinion. The results of the interviews and Delphi stages identified 44 factors influencing the viability of cooperatives which were divided into 8 indices using exploratory factor analysis and then the research hypotheses were analyzed by structural equation analysis and confirmatory factor analysis. The obtained structural model and path analysis in standard estimation mode showed that creativity and innovation had the greatest impact on the viability of entrepreneurial cooperatives. Other factors that influence the viability of entrepreneurial cooperatives in order of importance include environmental factors, the importance of cooperative agents, the commitment and responsibility of cooperatives, the right idea, the plan to sell, the ability to adopt new approaches and process-driven. Manuscript profile -
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70 - A comparative study of guardianship in marriage in Imamiyyah jurisprudence and Iran's law
Mohammad Mahdi Masoudi hamid jalilian zahra masoudiAbstractThe subject of guardianship in marriage is one of the most widely used jurisprudential and legal issues, which despite its importance, its exact boundaries have not been defined in Iranian law, and perhaps part of it was due to serious jurisprudential difference MoreAbstractThe subject of guardianship in marriage is one of the most widely used jurisprudential and legal issues, which despite its importance, its exact boundaries have not been defined in Iranian law, and perhaps part of it was due to serious jurisprudential differences in this field. The origin of these differences is sometimes due to differences in interpretations of narrative texts and sometimes to the basic differences of jurists. This research examines the guardianship in marriage from the point of view of verses and traditions, introduction of the parents of marriage in non-safia and insane and their conditions, the cases of loss of guardianship in marriage and the different time stages of the permission of the guardian in marriage in Imamiyyah jurisprudence and Iranian law, and examining the existing legal gaps. ; He has proposed the issue of mandatory or conditional permission of the guardian in the civil law as a mechanism to overcome the legal disputes and problems ahead.Key words:Guardianship in marriage,Conditions of guardianship in marriage,Parents' permission,assignmentative Parents' permission Manuscript profile -
Open Access Article
71 - Guarantees of Unfair Conditions in Additional Contracts; Studying the Legal System of England and Iran
ali akbar garosi Mohammad Reza pirhadiThe Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party MoreThe Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party is forced to accept this predetermined order without the right to change or modify its provisions. Unfair contract is a situation where the strong side of the contract misuses its position and imposes one-sided and unbalanced conditions on the other. Although in principle the conclusion of an extension contract is based on the principle of sovereign will and indisputable approach, namely "contractual freedom", but today in the legal system of Iran and the United Kingdom, like most legal systems in the world, it has lost its former footholds. The provision and the imposition of unfair terms on Manuscript profile -
Open Access Article
72 - Jurisprudential challenges of the right to health with an emphasis on the World Health Organization
siavash aslani میر سجاد سید موسوی علی حاجی پور کندرودSince health is directly related to human well-being and dignity, it is always considered as one of the main factors in evaluating the development of societies. Referring to Islamic sources, including verses, hadiths and jurisprudence books, shows that the religion of I MoreSince health is directly related to human well-being and dignity, it is always considered as one of the main factors in evaluating the development of societies. Referring to Islamic sources, including verses, hadiths and jurisprudence books, shows that the religion of Islam also emphasizes the need to preserve and improve people's health. The United Nations and the World Health Organization, as a general and specialized international organization, have been successful in many of their missions and goals in the field of human health. In jurisprudence, the right to health and life of individuals is overriding other rights. . Knowing the jurisprudential obstacles of the right to health in Islamic sources and the World Health Organization will help organizations providing health rights in improving and strengthening the provision of health services to members of the society. By explaining the obstacles to guarantee this right from the perspective of Islam, the present article emphasizes the necessity of realizing the aforementioned goal by emphasizing the World Health Organization. The questions answered in this article are, firstly, what is Islam's view of health? And secondly, in what documents and how is the right to health recognized in the World Health Organization? The research method of this research is descriptive-analytical and the method of collecting information is based on the library method. Manuscript profile -
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73 - The Abilities of the Constitution on the way of achieving the Ideal Islamic State
Mojtaba Qanbardust Akbar AshrafiAccording to the doctrines of the Constitutional Law, the constitution is a schema of the political and economical systems, the system of law, and in general all social systems (like family, education, and health care) in a society. Using the library research and a desc MoreAccording to the doctrines of the Constitutional Law, the constitution is a schema of the political and economical systems, the system of law, and in general all social systems (like family, education, and health care) in a society. Using the library research and a descriptive-analytic approach, this study attempt to address the fundamental principle capacity of the Constitution of the Islamic Republic of Iran, that despite the increasing importance of achieving the Ideal Islamic state, it is not completely realized, and its unique abilities have been ignored. This paper studies a range of social problems (such as citizenship freedom limits and the political economy problems) in the constitution that the political sphere in Iran have faced, especially three and forty-four principles. The results show that using the dynamic, generative, and interpretative characteristics of the constitution make the new interpretation and understanding possible; the interpretation and understanding with which the Islamic Republic of Iran can achieve the goals of the Ideal Islamic State, always brought into focused and emphasized by Islamic thinkers and theorists. Manuscript profile -
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74 - Nature of the Guarantee, and its Principles from the Perspective of Iran's Shiite Jurisprudence and Law
Fakhrollah Molaei Kandelous Samira PakiWarranty effects are specific for the type and duration of buyer's choice to own commodities. Guarantee or warranty, although not explicitly mentioned in religious texts, but the guaranty has long been debated by the Islamic scholars and jurists. Importance of customer' MoreWarranty effects are specific for the type and duration of buyer's choice to own commodities. Guarantee or warranty, although not explicitly mentioned in religious texts, but the guaranty has long been debated by the Islamic scholars and jurists. Importance of customer's satisfaction and buyer's goods-producing mutual concern with the aim of further interest arise Islamic scholars and jurists with diverse opinions and views of Islam were considered beneficial to the consumers. Manuscript profile -
Open Access Article
75 - Decline or Trusteeship Trustee
iman dehghani mohammadreza fallah yousef jamshidiIn according to benefaction rule, the trustee is not responsible for defect or spoil of trust property. Restitution property, in simulate of implement, is his (or her) troth. Should be known that many assumptions are thinkable in it that is not simplicity of analysis. I MoreIn according to benefaction rule, the trustee is not responsible for defect or spoil of trust property. Restitution property, in simulate of implement, is his (or her) troth. Should be known that many assumptions are thinkable in it that is not simplicity of analysis. In abusive assumption, someone that are broken up in sight, in commitment guilt, reversion of guilt is not sufficient for trusteeship, in break up contract and other property is in occupied possessor. Manuscript profile -
Open Access Article
76 - The Effect of Changes of Main Obligations in Subordinated Obligations of the Contract
nasrollah jafari pegah sarmadiOn the base of debts that are in the result of contract or torts of new contracts could be formed whom they are named accessory contracts .Some of them discharge to debts such as guarantee ,assignment of debt contracts and Novation .And some of them are merely guarante MoreOn the base of debts that are in the result of contract or torts of new contracts could be formed whom they are named accessory contracts .Some of them discharge to debts such as guarantee ,assignment of debt contracts and Novation .And some of them are merely guarantee for obtaining of the main debt e.g. Pledge and Personal Surety(Kefalat). After formation of these contracts, it could be occur changes in the original debt or on the origin of that e.g. resection or termination. So the main discussion is the effect of changes on these contracts which in this paper we are concerning about the present theories and we state that the acceptable view by Parliament is the changes of the main debt on the contrast of Guarantees' contracts do not have any effect on the accessory contracts that discharge the debt. Manuscript profile -
Open Access Article
77 - Exploring the Effects of Zeman Contract on the Parties Relations: A New Approach
mohammad mousavi mohammad mahriziLegal relations between creditor and debtor usually accompanied by the threat of whether the debtor fulfill the due payment or default. Therefore, accomplished creation of institutions as having the role of guarantee for the creditor, among which can name Zeman Contract MoreLegal relations between creditor and debtor usually accompanied by the threat of whether the debtor fulfill the due payment or default. Therefore, accomplished creation of institutions as having the role of guarantee for the creditor, among which can name Zeman Contract which is a subordinate kind of contract following the debt, through which an acquittal person accepts financial duty annexed to other. This paper by investigating theories proposed by jurisprudence and law scholars tries to first, introduce the best theory(Vertical Tazamon) seems to be the most suitable considering needs and problems of socio-economic life then explaining the pros and cons. Manuscript profile -
Open Access Article
78 - The Command of Validity of the Last Will, in Order for an Optimal Use of the Testatorâs Body Organs after His Death âfrom the Viewpoint of Islamic Jurisprudence
seyyed mohammad shafiei mazandaraniThe human being is a property of god, and it is according to his permission that everybody is the owner of his deeds and actions and that everyone has the power of making decision about his or her body organs unless the time his life goes under danger. Moreover, every i MoreThe human being is a property of god, and it is according to his permission that everybody is the owner of his deeds and actions and that everyone has the power of making decision about his or her body organs unless the time his life goes under danger. Moreover, every individual has the right to will how to be dealt with his properties and accessories after his death including the right of willing of a person about his body organs to be or not to be used after his death (whether natural death or brain death). Within this research it is realized that the optimal use of a deceased’s body organs is permissible in the case of brain death and even if there exist no will by the deceased, but the guardians of the one who is passed away have consensus upon it, it is still permissible to use the dead person’s body organs, and on the whole it was proved within this research that utilizing a dead person’s body organs in order to solve the problem of another Muslim human is permitted. Manuscript profile -
Open Access Article
79 - Acquit in Medicine Law from the Viewpoint of Jurisprudence and Law*
rohollah ghadimi hossein davarzaniIn the legal process of treatment, there is concern about the interaction of law and medicine. The purpose of this study is to clarify the status of legal entity liberation before relying on questions such as: (a physician with regard to the founder as a person knows be MoreIn the legal process of treatment, there is concern about the interaction of law and medicine. The purpose of this study is to clarify the status of legal entity liberation before relying on questions such as: (a physician with regard to the founder as a person knows beneficent and honest people, the physician of the patient's satisfaction receiving and using the knowledge to treat the sick and the damage he caused to the time the guarantee is if the patient's medical damages, the acquit from obligation, seductive physician will go?), Methods relating to the liberation is to be reasonable and consistent with community needs and with regard to patient and physician rights and justice, forensic medicine, effective steps should be taken to solve the dilemma facing the medical community. Manuscript profile -
Open Access Article
80 - Regulatory Mortgage Contracts of Notary Offices and its Compatibility with Lawful and Judicial System
hengameh ghazanfari Saeed kheradmandi Saeed kheradmandi bahareh rezaeipourIn the lawful system of many countries, it is paid more attention to the mortgage contracts. Some of these contracts include the contracts between lawful and natural persons in notary offices and mortgagees will give some facilities according to some guarantees to pay MoreIn the lawful system of many countries, it is paid more attention to the mortgage contracts. Some of these contracts include the contracts between lawful and natural persons in notary offices and mortgagees will give some facilities according to some guarantees to pay back them through frustrating position of contract or due of its obligations to mortgagors by administrative legal orders. There are some similarities and differences between these contracts and mortgage contracts in our Islamic lawful and jurisprudence system. Manuscript profile -
Open Access Article
81 - Feasibility study of "forgiveness" of possible contagion due to crim
Hamid Masjedsaraei Hasan Poorlotfalah Reaz ElhamiThe Islamic Penal Code has been silent on the possibility of a "pardon" of Johnny by Majniyah against the possible future spread of the crime of intentional assault. Reference to authentic Islamic sources and fatwas indicates that the present issue is the sour MoreThe Islamic Penal Code has been silent on the possibility of a "pardon" of Johnny by Majniyah against the possible future spread of the crime of intentional assault. Reference to authentic Islamic sources and fatwas indicates that the present issue is the source of disagreement among jurists, so that the well-known jurists, mainly because such an amnesty requires our removal, do not consider it correct and remove the guarantee from They do not know the next infection. The second view considers such an amnesty to be a valid will, which is valid and effective for up to one-third of the diyat, and more than one-third of which is subject to the permission of the heirs. In contrast, some other contemporary jurists, without justifying this pardon by will, have absolutely ruled that such an amnesty is correct, which, in turn, guarantees the removal of any further contagion for Johnny. The present article, with its descriptive-analytical method, while re-reading the jurisprudential principles of the proposed views and using the available documents and approvals, has considered the third promise to be defensible. The proposal of the present article is that the legislature, with the aim of creating the unity of judicial procedure, by adding a legal article, to give legal validity to the "correctness of pardon from contagion and non-guarantee of life Manuscript profile -
Open Access Article
82 - Semantics of Guarantor's Contract by Approach of Rejecting Conflict of Clause 698 of Civil Law and 403 of Trade Law
Raziyeh Amini Hossein Nasseri Moghadam Discussion of guarantor that appears in two levels of laws; civil law and trade law, is one of the civil essential discussions of civil jurisprudence about transferring or partnership always entails to challenges and there are jurists' differences in More Discussion of guarantor that appears in two levels of laws; civil law and trade law, is one of the civil essential discussions of civil jurisprudence about transferring or partnership always entails to challenges and there are jurists' differences in positive laws and it creates opposition among law clauses. Analyzing this subject and discovering intrinsic nature of guarantor's contract can solve conflict of these two law clauses. This article aims to solve opposition by analytical way to check great Imamiah and Sunnite jurist's ideas and evaluate reasons. In addition to rejecting consensus, one of the discussion results is this fact that reasons which Farighin presented to prove their ideas are strong and weren't established their verdicts; hence one can say that nature and essence of guarantor's contract has not suitability of charge transferring nor attachment has charge, but intrinsic necessity of this contract is creating charge; nevertheless, accepting each of these two verdicts while contracting and agreement, can be correct. From legal view, guarantor is civil discussion and its content is completed in trade law and doesn’t devote to trade law, but is complement of civil law. Manuscript profile -
Open Access Article
83 - The Guardianship of Islamic Ruler in the Marriage and Divorce of the Natural Fool and Insane from the Viewpoints of Imamiyyah and Sunni Jurisprudence
Abdelgabar Zargooshnassab Mohaddseh AbyarThe Islamic ruler is considered to be the guardin of incapacitated people like fools and insanes and has the authority to assiagn another individual as a substitute for himself. Guardianship is a kind of custodianship established by the interdiction of the religious gov MoreThe Islamic ruler is considered to be the guardin of incapacitated people like fools and insanes and has the authority to assiagn another individual as a substitute for himself. Guardianship is a kind of custodianship established by the interdiction of the religious governor or the court with the aim of protecting them and controlling their affairs. This study, using a descriptive-analytical approach, examines the differences of opinion that exist among Imammiyah and Sunni Jurisprudents about the guardianship of the religious governor in the marriage and the divorce of the natural fool and insane.There are also disputes over the issue in four sunni sects. The opinion of authors of the present study is that the ruler has only guardianship over the marriage and the divorce on behalf of the insane in case the insane does not have any other guardian like father, paternal grandfather and their executors. But about the marriage and the divorce of the fool, it seems that the ruler has no guardianship because the major aim of marriage and divorce is not property so that we consider the fool incapacitated in these two cases. In all cases that the ruler has guardianship, it is necessary to observe the propriety and interest. Manuscript profile -
Open Access Article
84 - Jurist’s Guardianship over Children without a Specific Guardian
Amir Mohajer MilaniThe present study examines vilāyat-i faqī (jurist’s guardianship) on a child without a specific guardian. Well-known jurists, assuming the absence of a father or paternal ancestor or the absence of a will by the father or paternal ancestor, consider the ruling jur MoreThe present study examines vilāyat-i faqī (jurist’s guardianship) on a child without a specific guardian. Well-known jurists, assuming the absence of a father or paternal ancestor or the absence of a will by the father or paternal ancestor, consider the ruling jurist as the exclusive guardian of such a child. This view, in addition to having no strong reasons, faces several opposing arguments. This article first examines the inclusion of the reasons of vilāyat-i faqī in the two approaches of absolute vilāyat and vilāyat regarding the affairs of hisbi, and then concludes by providing reasons from verses, narrations and historical reports that the Holy Shāri’ did not have the opinion of the jurists but only demanded that the interests of the orphan child be observed, which is a customary stance. Finally, it is stated that the emphasis on the exclusive guardianship of the jurist and diminishing the role of the customary guardian like the mother and other relatives of the child is the product of and is a matter of the rationality which stands for past and old eras, perhaps emphasizing it in today's society is not only wrong, but also it will not have the appropriate efficiency that it had long ago. Manuscript profile -
Open Access Article
85 - Civil liability for omission of officials due to lack of time.
mostafa keikha shaghayegh amerian abd-al-reza mohammad hosein zadehThe warranty due to the lack of time is one of the controversial issues that is raised under the issue of the authorities' omission. The loss of time due to the abandonment of the action has raised the question of whether it is possible to consider the loss of time as a MoreThe warranty due to the lack of time is one of the controversial issues that is raised under the issue of the authorities' omission. The loss of time due to the abandonment of the action has raised the question of whether it is possible to consider the loss of time as a type of damage and condemn the abandonment of the action to civil liability. The present research has organized its discussions with the descriptive-analytical method based on the hypothesis that if the omission of officials leads to the death of people, it will be covered by the guarantee of execution. The conclusion of this research is that, although there is no chapter in Iranian law about the omission of officials due to the passing of time, there are examples such as mudaraba, jaala, delay in crisis management and delay without legal and justified reasons in issuing business licenses, and so on. .. It implies the civil responsibility of the officials, leaving the verb. In addition, from a jurisprudential point of view, rules such as non-harmful, wasteful and vindictive, reprimanding the usurper, respecting inalienable property and justice, indicate this type of responsibility. Manuscript profile -
Open Access Article
86 - Place and Guarantees of the Principle of Innocence in Islamic and Public Law with Emphasis on the Judgment of the Administrative Justice Court
mojtaba hemmati mehdi zeynalzadeh Amir SarmastiIn Islamic law, in cases of doubt in the presence of the duty and failure to provide evidence of the conduct of the duty, the principle should be based on the absence of the duty and thus not imposing a responsibility on individuals. In the legal term, this principle is MoreIn Islamic law, in cases of doubt in the presence of the duty and failure to provide evidence of the conduct of the duty, the principle should be based on the absence of the duty and thus not imposing a responsibility on individuals. In the legal term, this principle is based on the requirements of judicial justice and supports the freedom and dignity of individuals. The extent of the principle of innocence is very wide and inclusive than Islamic law but the commonality of this principle in both areas is alesalat ol adam. This article, using a descriptive-analytical method and using library sources, seeks to answer this question: What is place and guarantees of the principle of innocence in Islamic and public law and in the judgments of Administrative Justice Court? Conclusion of this article is that the principle of innocence and its guarantees, as referred to in criminal law, in the field of public law has not been cited by the administrative proceedings authorities and a number of branches of the Administrative Justice Court, in judicial controlling of quasi-criminal administrative bodies, have referred to the guarantees of the principle of innocence and have considered them as one of the principles of fair administrative hearing. According to this principle, one cannot be held accountable or be restricted his freedom without giving any reason; An approach that if pursued extensively and severely by all branches of the administrative Justice Court can improve the performance of administrative authorities and quasi-criminal administrative bodies. Manuscript profile -
Open Access Article
87 - The "amnesty" feasibility study is a possible spread of crime
Hamid Masjedsaraei Hasan POurlotollah reza elhamiThe Islamic Penal Code has been silent on the possibility of a "pardon" of Johnny by Majni Alayh against the possible future spread of the crime of intentional assault. Reference to authentic Islamic sources and fatwas indicates that the present issue is the source of d MoreThe Islamic Penal Code has been silent on the possibility of a "pardon" of Johnny by Majni Alayh against the possible future spread of the crime of intentional assault. Reference to authentic Islamic sources and fatwas indicates that the present issue is the source of disagreement among jurists, so that the well-known jurists, mainly because such an amnesty requires our removal, do not consider it correct and remove the guarantee from They do not know the next infection. The second view considers such an amnesty to be a valid will, which is valid and effective for up to one-third of the diyat, and more than one-third of which is subject to the permission of the heirs. In contrast, some other contemporary jurists, without justifying this pardon by will, have absolutely ruled that such an amnesty is correct, which, in turn, guarantees the removal of any further contagion for Johnny. The present article, with its descriptive-analytical method, while re-reading the jurisprudential principles of the proposed views and using the available documents and approvals, has considered the third promise to be defensible. The proposal of the present article is that the legislature, with the aim of creating the unity of judicial procedure, by adding a legal article, to give legal validity to the "correctness of pardon from contagion and non-guarantee of life". Manuscript profile -
Open Access Article
88 - The Jurisprudential Study of the Legitimacy of “al-Kharaj be al-zaman” Rule and Its Importance in the Economic Resilience Based on the Imam Khomeini's Viewpoints
shahla molavi Faezeh Moghtadai Abdolmajid SHeykhiJurisprudential rules form the basis of our country's civil law. Accordingly, In this paper, while studying the “al-Kharaj be al-zaman” rule using a descriptive-analytical method, its legitimacy is confirmed by ensuring that the issue of the narration is fro MoreJurisprudential rules form the basis of our country's civil law. Accordingly, In this paper, while studying the “al-Kharaj be al-zaman” rule using a descriptive-analytical method, its legitimacy is confirmed by ensuring that the issue of the narration is from a Massoum (AS) due to the existence of similar narratives to the rule, the practice of earlier jurisprudents and non-contradiction with jurisprudential principles. Because this narrative is damaged in the Shiite sources but is well-known in Sunni sources as a Fatwa reference. On the other hand, the difference between the latter and earlier jurisprudents views about the acceptance of a weak hadith clearly reveals the change in the criterion of a weak hadith for the earlier and latter jurisprudents. Because the earlier have considered the confidence in issuing hadith from a Massoum (AS) as the criterion of authenticity. The rule states that the profit is subordinate to the property of a commodity, and the guarantor of a commodity will be profited from the benefits. The concept of “Zaman” in the rule includes two different views. In this paper, while discussing both views, the importance of the aforementioned rule in the economic resilience and the role of taxation in providing economic security are addressed according to Imam Khomeini's governmental sight to the rule. Obviously, the emergence of the emerging issues necessitates the importance of achieving jurisprudential rules in the context of time and place. Manuscript profile -
Open Access Article
89 - Encapsulation of wheat germ and probiotic bacteria Bacillus licheniformis using guar gum and maltodextrin by freeze drying method to increase the shelf life of wheat germ
Maryam Sharifi Mohammad Goli Mohaddaseh RamezaniAs a byproduct of the milling process, wheat germ provides a rich source of minerals, vitamins, tocopherols, phytosterols, amino acids, and important fatty acids. However, the high levels of unsaturated oil and high levels of enzymes lead to a reduction in wheat germ's MoreAs a byproduct of the milling process, wheat germ provides a rich source of minerals, vitamins, tocopherols, phytosterols, amino acids, and important fatty acids. However, the high levels of unsaturated oil and high levels of enzymes lead to a reduction in wheat germ's nutritional value during storage, which severely reduces the product's shelf life. The purpose of this study was to use guar gum and maltodextrin together with the freeze-drying encapsulation technique to extend the shelf life of probiotic wheat germ containing Bacillus licheniformis. In this regard, the durability of the encapsulated probiotic wheat germ was assessed for 360 days of storage using three different ratios of maltodextrin to guar gum, including 1 to 0.3, 0.1, and 0.03. The tests were carried out using a completely random design, and the averages were assessed using Duncan's test with a significance level of 5%. The effect of time on the changes in oxidation indices of the encapsulated wheat germ was evaluated positively. During 360 days of storage, the encapsulated sample with maltodextrin and guar gum in all examined ratios significantly reduced the total acid value (P< 0.05). In comparison to samples without probiotics, the inclusion of B. licheniformis probiotic considerably reduced the values of the total acid number and TBA index (P< 0.05). In the probiotic treatment, the levels of peroxide, anisidine, totox, mold, and yeast significantly increased with longer storage times (P< 0.05). Manuscript profile -
Open Access Article
90 - Effect of Guar Meal as a Source of protein on Laying Hens performance
پریسا Soleymani ابولقاسم Goliyan A.M Tahmasebi محمد Sedghi An experiment was conducted to evaluate guar meal (GM) as a source of protein on laying hen’s performance and egg quality. Two hundred and twenty eight laying hens (58 weeks of age) were fed diets containing 0, 3, 6 and 9% guar meal with/without β-man More An experiment was conducted to evaluate guar meal (GM) as a source of protein on laying hen’s performance and egg quality. Two hundred and twenty eight laying hens (58 weeks of age) were fed diets containing 0, 3, 6 and 9% guar meal with/without β-mannanase (Hemicell®) for 12 weeks. A complete block randomized design with 4×2 factorial arrangement were used to have eight diets of each fed to four replicate hens of nine each. Hen-day egg production was significantly decreased when hens were fed diets that contained 6 and 9% GM in first week and only 9% GM at second week of experiment as compared with 0 and 3% GM fed birds. Whereas, hen-day egg production was not influenced when hens fed up to 9% GM after third week. Egg mass was significantly lower when hens fed 9% GM during the experimental periods compared to control and 3% GM fed birds. Feeding of GM did not affect specific gravity, percentage wet albumen and wet yolk based on percentage of whole egg weight and shell weight and thickness. Performance, egg quality and blood parameters were not affected by Supplementation of β-mannanase during the experimental periods. Feeding of GM at the level of 6 and 9% decreased serum cholesterol and triglyceride but did not affect total SRBC, IgG and IgM. The results of this study showed that 6% GM may be added to the diet of laying hens with no adverse effects on performance. Manuscript profile -
Open Access Article
91 - Relation of job satisfaction to self-efficiency of meshkinshahr guidance school teachers. (year 88 – 89)
Adel Zahed Yousef Namvar Shahram NobakhtThe aim of this research is to determine the relation of job satisfaction and self-efficiency of meshkinshahr guidance school teachers. Method of this research is correlational one. Statistical universe consist of who 1739 teachers of meshkinshahr guidance schools, 250 MoreThe aim of this research is to determine the relation of job satisfaction and self-efficiency of meshkinshahr guidance school teachers. Method of this research is correlational one. Statistical universe consist of who 1739 teachers of meshkinshahr guidance schools, 250 of them selected as a statistical sample, by classification random sampling. Two job satisfaction question arie smith, Kendal and hyaline, and self-efficiency test, dembo and chipson has been used to collect require data. The permissibility of these questionaries verified by specialists and the stability of job satisfaction and self-efficiency questionaries obtained, by using krounbakh alpha %88 and %62, respectively. For data analyzed using significantiblity fests of pierson correlation coefficient, multi regression, and test, to compare two independent group. Results show that there is significant correlation between job satisfaction and teacher's self-efficiency (r=0.29,p<0.01). Items of job nature (r=0.33), guardianship (r=0.34), salary and wage (r=0.17), among the items of job satisfaction, correlated significantly to self-efficiency. Results obtained by multi regression show that job satisfaction elucidate, so, significantly about 14 percent (%14) of variance changes in self- efficiency. (Rdj. R2=0.143). Items of job nature, guardianship and salary, from items of job satisfaction, are significant anticipator for self-efficiency, but items of interest. Promotions and communication with other colleague aren't significant explanatory. Also, based on findings of this research, there is not significant difference between man teachers and woman teachers in respect of job satisfaction and self-efficiency. Manuscript profile -
Open Access Article
92 - 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 -
Open Access Article
93 - Investigating the Truth of the Concept of Prophecy from the Perspective of Shiite Mysticism
Hoora sadat QozatOne of the important topics in divine religions is the truth of the concept of "prophecy". The problem of prophecy is a problem that, due to its prominent position in religions, has occupied the mind of every thinker interested in theological topics. Jewish, Christian a MoreOne of the important topics in divine religions is the truth of the concept of "prophecy". The problem of prophecy is a problem that, due to its prominent position in religions, has occupied the mind of every thinker interested in theological topics. Jewish, Christian and Muslim thinkers have discussed and written works on this issue. Considering the concept of prophecy in Christian theology, Jewish theology and even Islamic theology, of course, with a theological approach, it seems that what is seen in this regard and around the issue of prophecy in all these statements and works has many gaps and shortcomings and it is not clear, and none has been as close to the truth of this concept as the school of Shiite mysticism. Therefore, the current research is aimed at explaining the truth of the problem of prophecy, to examine it from the deep perspective of Shiite mysticism. For this purpose, most of all the points of view of Imam Khomeini (as) have been taken into consideration. According to the author's belief, correct explanation and understanding of this concept from the point of view of Shiite mysticism, due to its comprehensiveness and inclusiveness, prevents fruitless conversations and leads people to the truth. Also, this mystical explanation of the problem of prophecy can be seen as the answer to many questions and issues raised in this field. Therefore, many topics and issues, such as those discussed and followed in the topic of "prophecy prediction test", in contrast to this lofty and pure view, in principle, do not show anything other than smallness and defeatism. Manuscript profile -
Open Access Article
94 - The Explicit Text of the Qur'an on the Vilāyat of Amir al-Mu'minin Ali (as). "Analytical Study of Balāgh Verse"
Mohammad Reza AramThis research interprets the verse Balāgh according to the Shia and Sunni interpretations and while referring to hadiths and narrations, it explains its connection with the guardianship, vilāyah and imamate of Amir al-Mu'minin Ali (peace be upon him) and also, while ana MoreThis research interprets the verse Balāgh according to the Shia and Sunni interpretations and while referring to hadiths and narrations, it explains its connection with the guardianship, vilāyah and imamate of Amir al-Mu'minin Ali (peace be upon him) and also, while analyzing this verse, it deals with the existing doubts in the meaning of this verse and then examines various aspects of the meaning of the verse Balāgh and the cause of its revelation. The author has explained the connection of this verse with the preceding and following verses - which are about people of the book - in the form of several questions and answers.This verse clearly shows that the Messenger has no other duty than to carry out the mission and deliver the message, and the one who has gone under the burden of the mission, of course, must rise to its requirements, which is the propagation and delivery of the matter of the vilāyah.Keywords: Verse Balāgh, the Guardianship and Imamate of Amir al-Mu'minin Ali (peace be upon him), Convey of the message, the Cause of revelation, Ghadīr Khum. Manuscript profile -
Open Access Article
95 - A Comparative Study of Supervision on Government in Islam and in Liberal Democracy
Masoud RaeiAmong the most important question in the field of general law is the mechanism of supervising the government and the rulers. This mental pre-occupation is having long historic roots and as a result the efforts made by intellectual and s are extensive. The important ques MoreAmong the most important question in the field of general law is the mechanism of supervising the government and the rulers. This mental pre-occupation is having long historic roots and as a result the efforts made by intellectual and s are extensive. The important question in this regard is the efficiency and feasibility of the suggested ways. Choosing a comparative approach is in fact a good answer to this question. The present paper tries to present a comparative approach between Islam and liberal democracy and evaluate the efficiency of methods of supervising the government. Obviously this evaluation will be possible by taking into consideration the principle, aim and implementation guarantees of both the systems. The paper is of the view that the political and legal system of Islam is more efficient. The reason to support this view is that the Islamic legal and political system is having a double mechanism for supervision, one is the internal supervision and the second one is the external supervision. The experience of prophet Mohammad (PBU) and Imam Ali (PBU) rules in the initial years of Islam is clear witness to this claim. It can also be a suitable and exceptional model for present day. Manuscript profile -
Open Access Article
96 - اثرات سطوح مختلف کنجاله گوار و آنزیم بتاماناناز بر عملکرد، غلظت کلسترول زرده و فراسنجههای لیپیدی خون مرغهای تخمگذار در مرحله دوم تولید
م. حسنی م. رضایی ز. انصاری پیرسرایی ک. یوسفی کلاریکلائیدر یک آزمایش فاکتوریل 2 × 3 با طرح پایه کاملاً تصادفی، تعداد 72 قطعه مرغ­های تخمگذار تجاری لگهورن سویه­های لاین (W-36) در دوره دوم تخمگذاری (98 هفته) در 24 قفس سیمی (30×30×7/45 سانتی­متر مکعب) به ­صورت تصادفی توزیع و به مدت 12 هفته با Moreدر یک آزمایش فاکتوریل 2 × 3 با طرح پایه کاملاً تصادفی، تعداد 72 قطعه مرغ­های تخمگذار تجاری لگهورن سویه­های لاین (W-36) در دوره دوم تخمگذاری (98 هفته) در 24 قفس سیمی (30×30×7/45 سانتی­متر مکعب) به ­صورت تصادفی توزیع و به مدت 12 هفته با سه سطح کنجاله گوار (0، 4 و 8 درصد) و دو سطح آنزیم همیسل® (0 و 05/0 درصد) تغذیه شدند. هر گروه آزمایشی دارای 4 تکرار و 3 قطعه مرغ در هر تکرار بود. میزان کلسترول تخم­مرغ و غلظت لیپیدهای خون (تری­گلیسرید، کلسترول، لیپوپروتئین با دانسیته کم، لیپوپروتئین با دانسیته زیاد) در 110 هفتگی اندازه­گیری شد. سطوح مختلف کنجاله گوآر اثر معنی­داری بر تولید تخم­مرغ، مصرف خوراک و ضریب تبدیل غذایی نداشت. استفاده از آنزیم در جیره، باعث کاهش معنی­دار مصرف خوراک و بهبود ضریب تبدیل غذایی شد (05/0P<). وزن تخم­مرغ و وزن توده تخم­مرغ به طور معنی­داری تحت تأثیر اثر متقابل کنجاله گوار و آنزیم قرار گرفت (05/0P<). افزودن آنزیم به جیره در سطح 4 درصد کنجاله گوآر وزن و توده تخم­مرغ را کاهش داد ولی در گروه آزمایشی که با جیره شاهد تغذیه شده بودند اثر معکوس داشت. نتایج این آزمایش نشان داد که استفاده از کنجاله گوار تا سطح 8 درصد در جیره مرحله دوم تولید بدون تأثیر منفی بر عملکرد مرغ­های تخمگذار قابل استفاده است. استفاده از کنجاله گوآر سبب کاهش معنی­دار (05/0P<) تری­گلیسیرید خون و تا حدی کلسترول زرده تخم­مرغ شد. مکمل آنزیمی بتاماناناز با کاهش مصرف خوراک سبب بهبود معنی­دار ضریب تبدیل غذایی شد و همچنین اثر معنی­داری بر کاهش کلسترول زرده تخم­مرغ و تری­گلیسیرید سرم داشت (05/0P<). Manuscript profile -
Open Access Article
97 - بررسی آزمایشگاهی سطوح مختلف جایگزینی کنجاله سویا با کنجاله گوار در یک جیره پرواری برای برهها
ن. سلیمانی م. ملکی ح. علیعربی پ. زمانی م. دهقان-بنادکیهدف از مطالعه حاضر بررسی اثرات جایگزینی کنجاله سویا (SBM) در سطوح مختلف (سطح 0 بعنوان جیره D1، 33 به عنوان جیره D2، 67 به عنوان D3 و 100 درصد جایگزینی به عنوان D4 بر اساس محتوی پروتئین خام) توسط کنجاله گوار (GM) بر کینتیک گاز تولیدی، میزان هضم و ویژگیهای تخمیر شکمبهای Moreهدف از مطالعه حاضر بررسی اثرات جایگزینی کنجاله سویا (SBM) در سطوح مختلف (سطح 0 بعنوان جیره D1، 33 به عنوان جیره D2، 67 به عنوان D3 و 100 درصد جایگزینی به عنوان D4 بر اساس محتوی پروتئین خام) توسط کنجاله گوار (GM) بر کینتیک گاز تولیدی، میزان هضم و ویژگیهای تخمیر شکمبهای یک جیره پرواری برای برهها بود. سه آزمایش انجام گرفت. هدف از آزمایش اول با استفاده از انکوباسیونهای 144 ساعته، تعیین مقایسه­ای کینتیک گاز تولیدی توسط SBM و GM بود. همچنین کینتیک گاز تولیدی و قابلیت هضم و تخمیر شکمبهای جیره پرواری، حاوی نسبتهای مختلف GM و GM به ترتیب با استفاده از انکوباسیونهای 144 و 24 ساعته در آزمایشهای دوم و آخر مورد مطالعه قرار گرفت. نتایج آزمایش اول نشان داد که حداکثر گاز تولیدی (a)، مدت زمانیکه که نصف گاز حداکثری (T1/2) تولید میشود و انرژی متابولیسمی (ME) در SBM بالاتر، و نرخ تولید گاز (µ) پایینتر از GM میباشد (001/0P<). در دومین آزمایش کینتیک، جایگزینی SBM با GM در هیچکدام از سطوح، تأثیری بر کینتیک گاز تولیدی جیره پرواری نداشت (05/0<P). با اینحال در آزمایش آخر گاز تولیدی بعد از 24 ساعت (GP24)، قابلیت هضم آزمایشگاهی مادۀ خشک (IVTDMD)، قابلیت هضم آزمایشگاهی مادۀ آلی (IVTOMD)، فاکتور تفکیک (PF)، توده میکروبی تولیدی (MBP) و غلظت اسیدهای چرب فرار تام (TVFA) در جیره D2 در مقایسه با جیرههای D1 و D4 افزایش یافت. غلظت آمونیاک در جیرههای D2 و D3 در مقایسه با D4 کاهش یافت (05/0P<)، با این وجود الگوی اسیدهای چرب فرار تحت تأثیر تیمارها قرار نگرفت (05/0<P). این نتایج نشان دادند که پروتئین SBM میتواند تا 67 درصد توسط پروتئین GM جایگزین گردد، اما 33 درصد جایگزینی، با توجه به اثرات مفید آن بر قابلیت هضم و تخمیر شکمبهای توصیه می­گردد. Manuscript profile -
Open Access Article
98 - Termination of Guardianship from Ebne Arabi and Seyyed Heydar Aamoli's point of view
abdolrahim AnaghehGuardianship (velayat) is one of the important tenets in mysticism, which has been discussed by several great Gnostics. One of the controversial issues concerning Guardianship is the matter of termination of Guardianship Seyyed Heydar Amoli; one of the great Gnostics in MoreGuardianship (velayat) is one of the important tenets in mysticism, which has been discussed by several great Gnostics. One of the controversial issues concerning Guardianship is the matter of termination of Guardianship Seyyed Heydar Amoli; one of the great Gnostics in the eighth century has studied this issue in depth. By investigating Sheihk Akbar’s (famous Gnostics) Works about termination of the absolute guardianship by the Christ, he contradicted it and put forward his rational, self discovery, and citation evidences against it. He underscores that the absolute guardianship belongs to Imam Ali and constrained Gurdiaship belongs to Imam Mahdi. The aim of this research that is done in the form of documentary is to explain the views of these two Gnostics about Guardianship. Manuscript profile -
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99 - A Study of the Conditions and Benefits of Conversation and Companionship in Rumi's Masnavi
Ali soleimaniMolavi uses many associations in the Masnavi and goes from one subject to another. This has caused one of the most frequent and important mystical topics of the Masnavi, that is, "conversation and companionship" and the virtues of seekers and the benefits that Rumi enum MoreMolavi uses many associations in the Masnavi and goes from one subject to another. This has caused one of the most frequent and important mystical topics of the Masnavi, that is, "conversation and companionship" and the virtues of seekers and the benefits that Rumi enumerates for companionship with divine saints, to not be investigated very precisely. In this research, we are looking to investigate this issue by collecting scattered verses on the subject of conversing and companionship in the Masnavi and analyzing them based on the Masnavi itself, relying on intratextual signs and situational context. However, due to the fact that the review of six books of the Masnavi is beyond the scope of this article, only the first and second books are examined. Through this research, we found out that Rumi pursues a certain intellectual and meaningful unity and coherence in the matter of conversation and companionship of seekers with divine saints, despite the "chattering of words" and this is evident from the order of the discussions and the contents of the topic of conversation. Expressing the types of companionship and parting and mentioning several virtues such as patience and surrender, paying attention to the words of parents and acting on them, not holding grudges, continuous effort, expressing need and humility, avoiding the idea of perfection, etc. for conversation and companionship of the seekers with the divines and also bringing many benefits of these companionships -such as transformation of the senses, freedom from appearance, freedom from the confusion of the way of progressing, freedom from the devil, breaking the lust and leaning, freedom from the world and worldly pleasures, freedom from the selfishness and machinations. It is indicative of this order and coherence of thought and meaning could be found in the Masnavi. Manuscript profile -
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100 - 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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101 - Adaptive call admission control and resource allocation in multi server wireless/cellular network
Madhu Jain Ragini Mittal -
Open Access Article
102 - Guaranteeing the Implementation of the First Generation of Human Rights in Iran with an Emphasis on the Principle of the Rule of Law
Mohammad Reza Abbasi Hossein Rezaei Hossein MonavariChallenges and distinctions between human rights and individual freedoms in Iran and international law have been one of the controversial topics in the domestic and international fields in recent years. And the inner belief in the fundamental human rights and the high d MoreChallenges and distinctions between human rights and individual freedoms in Iran and international law have been one of the controversial topics in the domestic and international fields in recent years. And the inner belief in the fundamental human rights and the high dignity of man has been raised and paid attention to in the most important global and regional organizations; and therefore, promoting and respecting these privileges, in the field of supporting the preservation of these regulations, despite many obstacles, many of which are summarized in the "sovereignty of governments", has traveled a very difficult path. In this article, we are trying to answer this question by using the descriptive-analytical method: can guaranteeing and legal guarantees for individual freedoms in the first generation of human rights in Iran in the light of the rule of law, can guarantee individual rights? In this regard, we will examine the theories of the declaration of human rights, the legal laws of the first generation of human rights; And we have reached various findings, such as fundamental human freedoms, declarations of the first generation of human rights, human rights and citizenship in Iran, the rule of law in Iran, the rule of law and human freedom, and the executive guarantee of human rights in Iran. Manuscript profile -
Open Access Article
103 - Synthesis and characterization of conductive hydrogel nanocomposite for controlled drug delivery of cis-platin
حسن فتحی نژاد جیرندهی مروارید نباتی احمدی معصومه مسکین فامThe present work is including synthesis and characterization of conductivity of a super-absorbent conductive hydrogelnanocomposte and its controlled drug release. For this purpose, superabsorbent conductive hydrogel by Guar gum was synthesized based on grafting copolyme MoreThe present work is including synthesis and characterization of conductivity of a super-absorbent conductive hydrogelnanocomposte and its controlled drug release. For this purpose, superabsorbent conductive hydrogel by Guar gum was synthesized based on grafting copolymerization of acrylic acid monomer and proximity of some carbon nanotubes; in addition, polymerization reaction was done in aqueous phase )distilled water( and in the presence of ammonium persulfate as initiator and Methylene bisacrylamide as cross-linked. The results were assessed by FT-IR, cyclic Voltammetry and Scanning Electron microscope. However, the effect of carbonnanotube’s amount on nanocomposite was characterized by increasing this amount, the gel content, equilibrium swelling in distilled water, pH sensitivity, and conductivity increases. In the second stage, cisplatin drug was loaded in hydrogelnao composite and the percentage of drug release in phosphate buffer solution )PBS( was measured by appropriate electrical stimulation. The results show that the synthesized hydrogel is reasonable option for controlled drug release Manuscript profile -
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104 - the couple during Re-examination of the requirement and effects of the condition of non-remarriage of the marriage contract based on the rule of will
seyedeh masomeh miri gorjican include in the marriage contract according to her free will, but on the other hand, some other jurists, most of whom are later jurists, consider it correct and obligatory by referring to the narration indicating the authenticity and validity of this condition and it Morecan include in the marriage contract according to her free will, but on the other hand, some other jurists, most of whom are later jurists, consider it correct and obligatory by referring to the narration indicating the authenticity and validity of this condition and its non-contradiction with the requirements of the contract. The present study aims to answer the question that according to the principles of the sovereignty of the will, does the condition of non-remarriage of the couple while maintaining the validity of the marriage contract have the power to cause relative nullity and non-influence of remarriage? Based on this, the current research was The condition of non-marriage of the husband is one of the conditions that the wife conducted with the aim of investigating the validity or corruption of the condition of non-remarriage with the intention of not influencing remarriage despite the condition of non-remarriage during the marriage contract and answering its challenges in an analytical-documentary way. The research information was collected and analyzed by following the sources, evidences and opinions of jurists and explaining correct and authentic traditions and other jurisprudential evidences and emphasizing on the sovereignty of the will and the social expediency of the family and a new interpretation of the role of women in common life. The results showed that the emergence of jurisprudential evidences on the validity of the condition of non-remarriage of a man and its effects are included in the marriage contract, and it is possible to rule on trelative Manuscript profile -
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105 - A comparative study of Rumi's Masnavi and the interpretations of the Holy Quran on the issue of the relationship between the Messenger of God and God and the people
Zahra Hassanvand Mohammad Hossein Tavanaiee Mohammad Reza Movahedi Mohammad Ali AyaziRumi in Masnavi introduces us to the esoteric behavior and personality of the Messenger of God. With the poetry of Rumi; While understanding the Qur'anic teachings more, from the modeling position of the divine prophets (especially the Holy Prophet), a poet can always b MoreRumi in Masnavi introduces us to the esoteric behavior and personality of the Messenger of God. With the poetry of Rumi; While understanding the Qur'anic teachings more, from the modeling position of the divine prophets (especially the Holy Prophet), a poet can always be a model and apply them in material and spiritual life. This article, by studying Rumi's poems and comparing it with Quranic interpretations, while recognizing the personality of the Prophet (PBUH) in the way presented in Masnavi, by referring to Quranic verses and interpretations below the Quranic evidence, similarities and differences in the image of the Prophet (PBUH) in the Qur'an and Masnavi. For this important, he extracted three components of the relationship between the Messenger of God, the relationship of the Prophet with the people and the Prophet in the position of lover and beloved from Masnavi based on the book Sea to Sea by Allameh Jafari, and compared each of these dimensions in Masnavi and Quranic interpretations. Is. The method of the present research is based on the theoretical and analytical library method and has been extracted using first-hand sources (books, dissertations, articles, etc.) and using phishing. Findings of this research: In the Qur'an, the relationship of the Prophet with the people is perceived based on the will, guardianship of the people and the intercession of the Prophet, and the relationship of the Messenger of God with God is based on worship, servitude, obedience and infallibility of the Prophet; But in Masnavi. Manuscript profile -
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106 - The position of fault in civil and criminal regulations (analysis of the rule of loss and causation)
Muhammad Heidari Farahnaz Afzali QadiAbstract One of the rules that has been legislated to create civil liability and coercive guarantee and the legislator has formulated legal materials and compensation according to this rule, is the rule of loss and causation. The purpose of this study is to investigate MoreAbstract One of the rules that has been legislated to create civil liability and coercive guarantee and the legislator has formulated legal materials and compensation according to this rule, is the rule of loss and causation. The purpose of this study is to investigate the status of guilt in criminal and civil regulations and as the pillars of the perpetrator's responsibility from the perspective of jurists and jurists. Jurists consider fault as one of the pillars of responsibility, but believe that in the guarantee of loss, fault is not a condition, but attribution is a condition, but in addition to attribution, fault is also a condition. Therefore, in the lawsuits filed under the heading of causation, the injured party must, in addition to proving the loss, also prove the existence of fault. But Imami jurists do not differentiate between loss and causation and believe that the perpetrator of harm is the direct agent or agent of causation, it does not change anything and what is important is to achieve the loss and the need to compensate it even if the fault is not realized and the current It can also be done involuntarily. And it is not important to separate the loss into direct (direct factor) and causal (indirect factor). The results of research show that the rule of causation is closely related to the rule of loss and as such is one of the effective jurisprudential rules in guarantee. And in cases where the cause is stronger than the steward, that is, it was the perfect cause for loss, instead of the rule of loss, the rule of causation applies. In both rules, there are elements of responsibility and the difference in the cases should not be confused with the difference between the two generals and the general principle in compensation is that the damage can be attributed and customarily attributed to the perpetrator of the damage and can be claimed. Manuscript profile -
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107 - Guarantee of criminal execution of fraud in jurisprudence and law
Maliheh sadat sadjadian Sayyed Abulqasem Naqibi maryam Ibn TurabEnforcement guarantee is a direct or indirect means to fulfill legal requirements (including orders and prohibitions) or compensation for damage or in other words is a tool that ensures the effective implementation of legal rules and is used by public forces in society. MoreEnforcement guarantee is a direct or indirect means to fulfill legal requirements (including orders and prohibitions) or compensation for damage or in other words is a tool that ensures the effective implementation of legal rules and is used by public forces in society. This is divided into civil and criminal enforcement guarantees. Forgery of a term in jurisprudence and law means to deceive another and to persuade him to perform an action. That is, one party deliberately deceives the other party by its fraudulent actions. It can be considered as an example of ta'zir punishment. In Articles 5 and 647 of the Islamic Penal Code, the legislature has criminalized forgery and the model deserves punishment. Manuscript profile -
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108 - The meaning of the source of Sharia in the subject laws of Iran from the perspective of theological jurisprudence
Sayyed Ali Rabbani MusawiyanOne of the legal sources is Sharia. But the term has always been in ambiguity in the legal texts, exactly, it’s unclear what the religion means and its scope. Is it restricted to the Book of God or to the Prophetic Book or Tradition or to the Book and Tradition of MoreOne of the legal sources is Sharia. But the term has always been in ambiguity in the legal texts, exactly, it’s unclear what the religion means and its scope. Is it restricted to the Book of God or to the Prophetic Book or Tradition or to the Book and Tradition of the Innocent (AS) or to the Book of God and the Tradition of the Innocent (AS) and Jurisprudence? This research, by searching the arguments of the book , tradition and the words of the great jurists, concludes that the truth of the Shari'ah is not in any doubt about the Almighty God and then in the truth of the Prophet (pbuh). There’s also no significant difference between Farrukhin and the truth of this word is based on both Uzayyah and the infallible on the basis of the Imamiyyah jurisprudence on which the laws of the Iranian state are based. Manuscript profile -
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109 - The rule of "expulsion with guarantee" and the civil liability of the government, according to the views of Imam Khomeini
Fariba Qanbarian Zadeh Mahabadi Sayyed Muhammad Musawi BujnurdiThe rule of expulsion with guarantee is one of the prophetic rules; The meaning of this noble hadith which is narrated from the Holy Prophet (PBUH); It means that: benefits are against guarantee. Whoever becomes the guarantor and responsible for something will benefit f MoreThe rule of expulsion with guarantee is one of the prophetic rules; The meaning of this noble hadith which is narrated from the Holy Prophet (PBUH); It means that: benefits are against guarantee. Whoever becomes the guarantor and responsible for something will benefit from it and benefit from it. In the works of the great jurists, this rule is limited to guaranteeing the interests of the Mostafa and the transaction sector. However, according to the different views of Imam Khomeini and Seyyed Mohammad Mousavi Bojnourd, this rule is one of the rulings of the government and Soltanieh and can be one of the specific principles of government civil liability. In this sense, the tax that the government collects from the people in the form of khums, zakat, etc., in return, has obligations to regulate public affairs. The purpose of this study is to first present the jurisprudential and legal concept of the expulsion rule with guarantee and then to examine the application of this rule according to the views of Imam Khomeini and Seyyed Mohammad Mousavi Bojnourd in relation to government civil liability. Manuscript profile -
Open Access Article
110 - Coercive guardianship in Iranian law and a similar institution in American law
hasan falah javad ganji behnam ghanbarporField and Aims: Islamic law in the countries that follow the Imami jurisprudence has given guardianship of the child to the father, and also placed the paternal grandfather on the same level as the father, and each of them has compulsory guardianship to manage financial MoreField and Aims: Islamic law in the countries that follow the Imami jurisprudence has given guardianship of the child to the father, and also placed the paternal grandfather on the same level as the father, and each of them has compulsory guardianship to manage financial affairs. And the minor's non-financial status and his legal representation, whether during the other's lifetime or after his death. According to the civil law, the father has compulsory guardianship, but the mother is deprived of the right of guardianship over her child, unless the mother becomes the special guardian according to the will of the father. This is despite the fact that in many countries, the benefit of the child is often considered and not the gender of his parents. In the previous laws of America, as in Iran, it was the father whose role in custody was important, and the mother was deprived of all custody rights of her child. Therefore, in this research, we are going to examine what is the position of coercive guardianship in Iranian and American law?Method: This article has been done in a descriptive-analytical way.Finding and Conclusion: Legal custody is a right and obligation that is given to parents to make important decisions in the child's life after divorce. With the passage of time and changes in the laws, the mother also had rights and duties alongside the father. The benefit of the child is the most important change in custody rights, and the courts should give custody to the most qualified person, either the father or the mother, based on the hypothesis of the best interest of the child. . The examination of the legal system of Iran and the United States shows that there are basic similarities and some important differences in the two legal systems of Iran and the United States regarding guardianship and guardianship of children. Manuscript profile -
Open Access Article
111 - Violation of the obligation to inform in the contractual relations of persons in the laws of Iran and England
Shahram Ghasemi seyed hekmatolah asgari masoud reza ranbarترجمه بیش از حد طولانی است و ذخیره نمیشودIs the obligation to inform dependent on the conclusion of the contract, or is the execution of the contract considered an independent obligation existing in all contracts? It is necessary to answer the question regarding this t Moreترجمه بیش از حد طولانی است و ذخیره نمیشودIs the obligation to inform dependent on the conclusion of the contract, or is the execution of the contract considered an independent obligation existing in all contracts? It is necessary to answer the question regarding this theory according to the contractual laws of Iran and England that if each of the parties refuses to exchange the existing, sufficient and complete knowledge and knowledge (information) about the subject, the conditions of validity and other elements and elements of the contract. What is the guarantee of the breach of the mentioned promise in the absence of notification or failure to notify? In today's modern contract law, this obligation is not only observed at the pre-contractual stage, but with the development of contractual concepts based on the principle of full good faith of the parties, the existence of this obligation is observed not only at the stage of the execution of contractual works, but also at the stage of concluding contracts. Violation of this covenant can be brought forward in both positive and negative ways with responsibility and with the guarantee of non-interference or invalidity in Iran's laws and based on the examples of mistakes and contradictions found in British contractual laws. Although the existential necessity of this commitment has resulted in the optimization of the performance of the works desired by the parties and is based on two axes; Manuscript profile -
Open Access Article
112 - The legal nature and guarantee of the execution of the Provisional measures of the International Court of Justice in the light of the procedure of the Court and the performance of the countries
mahdiye Ardeshir Moghadam heybatolah Najandi Manesh mohamadali solhchiField and Aims: According to its statute, the International Court of Justice has the authority to issue temporary measures in order to protect the rights of the parties to the dispute and also to prevent the spread and deterioration of the dispute. From the beginning, t MoreField and Aims: According to its statute, the International Court of Justice has the authority to issue temporary measures in order to protect the rights of the parties to the dispute and also to prevent the spread and deterioration of the dispute. From the beginning, these appointments have been faced with different interpretations of the related countries. Some countries considered these appointments non-binding; while others considered them binding. There was some disagreement in doctrine as well. In this article, while examining the legal nature of temporary measures, it has been discussed whether there is an enforceable guarantee in international law for the implementation of temporary measures or not? In addition, what is the procedure of countries in this regard?Method: The present research was carried out with a descriptive-analytical method.Findings and Conclusions: According to the court's procedure, especially in the Lagrand case, the orders of temporary measures of the court are binding. Therefore, the addressee countries of these agreements are legally required to implement them. The agreement is a temporary measure, including the binding decisions of the court, and the countries use different methods to implement it, including unilateral measures, referring to the Security Council, referring to domestic courts, and countermeasures. The guarantee of the implementation of temporary measures is the same as the guarantee of the implementation of international law. Manuscript profile -
Open Access Article
113 - Flaws in bank demand guarantees with emphasis on the uniform regulations of the International Chamber of Commerce
Musa Talebi Haider Hassanzadeh Sattar Zarklam Jalil MalikiAbstractThe autonomous principle with a special advantage granted to commercial documents, especially on-demand guarantees; It provides the means for immediate payment, in principle, regardless of the imperfections of the underlying contract, to obtain some kind of assu MoreAbstractThe autonomous principle with a special advantage granted to commercial documents, especially on-demand guarantees; It provides the means for immediate payment, in principle, regardless of the imperfections of the underlying contract, to obtain some kind of assurance in transactions. Exceptions to the autonomous principle include cases that relate in some way to the ineligibility of the beneficiary concerning the underlying contract, followed by the rule of law, a well-known example of which is a fraudulent demand. Some of the country's laws, and in particular the new draft of the Commercial Code, have recognized the use of guarantees, but the judicial procedure needs to be further developed to clarify the dimensions of the objections that can be cited in this regard. Defects that can be cited in The Uniform Rules of On-Demand Guarantees 758 is the main issue that seems to be able to be cited in the non-payment of the guarantee, according to other laws in this field, namely blatant abuse or fraud and article 19 implicitly refers to formal and substantive defects and these problems have been solved in a way, which has caused the functioning of the principle of independence in the international arena to face disorders, as a result of which the use of These rules has been followed for international trade. However, by analyzing these materials and complying with the domestic law of the country, the defects related to the autonomous principle and its exceptions can be eliminated by protecting the interests of the parties. Manuscript profile -
Open Access Article
114 - Effective social factors on non-verbal sexual harassment of women with disabilities in Mazandaran province
Afagh Rostamian Aali Rahmani Firouzjah AliAsghar Abbasi AsafjirIn our society, empirical research on social factors affecting sexual harassment, including non-verbal (physical and non-physical) sexual harassment among women with disabilities is not very common; Therefore, in this study, non-verbal sexual harassment in relation to w MoreIn our society, empirical research on social factors affecting sexual harassment, including non-verbal (physical and non-physical) sexual harassment among women with disabilities is not very common; Therefore, in this study, non-verbal sexual harassment in relation to women with disabilities in Mazandaran province was evaluated. The study population is all women and girls with disabilities in Mazandaran province (9417 people) and finally 343 questionnaires were described and analyzed. The theoretical framework is based on the theory of routine activity and lifestyle. The research method was a survey and the data were collected through a questionnaire and analyzed in SPSS. The results of descriptive statistics show that 50.4% of the respondents have been moderately abused non-verbally. The results of regression test showed that the lifestyle variable with the value of regression coefficient (0.445) and a positive and direct effect had the greatest effect on non-verbal sexual harassment of women with disabilities in Mazandaran province. Also, appropriate goal variables with a regression coefficient of 0.167 and a positive and direct effect, as well as the presence of a powerful protector with a regression coefficient of 0.115, each with a negative and inverse effect, each had a significant effect on nonverbal sexual harassment of women with disabilities. The results of the hypotheses related to the effectiveness of each of these variables were confirmed experimentally. The results of the research indicate the confirmation of the assumptions of the theory of routine activity and lifestyle. Manuscript profile -
Open Access Article
115 - The Status of Social Expediency in the Theory of Guardianship of Islamic Jurist
leila samadzadeh khameneh ebrahim yaghouti seyed abolghasem naghibiExpediency plays a fundamental role in the legislation of religious precepts and Religious edicts have been legalized considering expediencies and corruptions. As government orders are directed in providing social expediencies, they are of special status. Expediency has MoreExpediency plays a fundamental role in the legislation of religious precepts and Religious edicts have been legalized considering expediencies and corruptions. As government orders are directed in providing social expediencies, they are of special status. Expediency has played a valuable role in actuality of the guardianship of Islamic jurist and they are in a close relationship. Various authorities entitled to the sharia ruler facilitated compatibility of Islam with emerging needs. Governing social affairs requires decisions not limited to secondary sharia rules, and the ruler issues orders and precepts different from the original ones of which expediency and corruption are found by the guardian of Islamic jurist who is also the ruler of society. The present research aimed at explaining the status of expediency in the theory of guardianship of Islamic jurist. Through analyzing the role of expediency in the theory of guardianship of Islamic jurist, the present work tried to review the basics and the main foundation of the issued rules by the guardian of Islamic jurist, and the tools for access to social expediencies. Manuscript profile -
Open Access Article
116 - rejection of the exclusion theory of usurpation from the general rules of civil liability
rasool malakootiTheory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the ru MoreTheory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the rules governing this institution apart from the general rules of civil liability. In this article, an attempt has been made to invalidate the fegh attitude and pay attention to the structure of the civil law, and to prove the impossibility of this separation. It seems that the difference between dealing with the usurper and other sources of civil liability is not due to a difference in the nature or rules of this institution, but to an imperfect view of the concept of financial guarantee in jurisprudence. Guarantee in jurisprudence means creating an obligation against another, the guarantee of its implementation is crystallized in three longitudinal forms of equal return, retribution and payment of price. In law, however, the concept of civil liability, which is equivalent to the term guarantee, is merely narrow to the third form, the obligation to pay damages. This self-made constraint in the concept has led to the impossibility of applying the rules and pillars of the usurpation institution to the general pillars of the guarantee and its severity Manuscript profile -
Open Access Article
117 - Scope of Validity and the Effect of Guarantee for Wife's Future Alimony
Shokrollah Nikvand Hosein jalaliAbstractContracts of guarantee and marriage have special and exceptional features in comparison with other contracts and the issue of the wife's alimony guarantee has a combination of features of both contracts and the annulment or authenticity of this guarantee and its MoreAbstractContracts of guarantee and marriage have special and exceptional features in comparison with other contracts and the issue of the wife's alimony guarantee has a combination of features of both contracts and the annulment or authenticity of this guarantee and its effect is questionable.One of the conditions for the authenticity of guarantee contract is the existence of debt or object of transaction and according to Article 691 of the civil code, the existence of debt cause is sufficient for the authenticity of guarantee.Some lawyers believe that a husband can be guaranteed by wife's future alimony because the marriage contract causes the husband's debt to wife's future alimony.The effect of the guarantee contract in Iran's civil code is the cession of debt but the wife's future alimony has features that distinguish it from other forms of debts. The husband's obligation to alimony is related to other obligations of spouses, such as good relations, common habitation and submission and these obligations are not transferable.Guaranty for the husband on wife's future alimony cannot have the effect of the guarantee contract and the cession of debt and the obligation of husband about alimony will not be wasted but by virtue of the implicit condition and the custom if the husband doesn’t pay alimony, it can be claimed from the guarantor. Manuscript profile -
Open Access Article
118 - Challenges of obtaining security or a guarantor from the convicted person in absentia
malihe gholami mahdi firozabadian hosein rahmaniOne of the important issues in enforcing a verdict in absentia after certainty is the introduction of a valid guarantor or obtaining appropriate security from the convict, which is mentioned in Note 2 of Article 306 of the Code of Civil Procedure. Well-known jurists als MoreOne of the important issues in enforcing a verdict in absentia after certainty is the introduction of a valid guarantor or obtaining appropriate security from the convict, which is mentioned in Note 2 of Article 306 of the Code of Civil Procedure. Well-known jurists also believe in obtaining a guarantor or securing in order to execute a verdict in absentia.This is because, in doing so, the absentee convict finds support to secure his or her damages. The present research is of descriptive-analytical type and the method of data collection is library and using filing tools. In this article, after examining various points of view, two forms of problems have been examined and discussed. First; In jurisprudence and law, there is no set time for survival. Second; In jurisprudence, the court receives bail when issuing a writ of execution, while the writ of execution may actually be served and there is no need to obtain bail,Therefore, they must obtain security during the execution of the sentence so that the convict's rights are not lost. Therefore, some solutions have been proposed to prevent the loss of some convicts' rights Manuscript profile -
Open Access Article
119 - Challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments
Nizamuddin Payami Vahid Zarei Sharif Amir Reza Mahmoudi Atefeh LorkojuriThe aim of this study was to investigate the challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments in Iran as a library study with a descriptive-analytical method. Community-based punishments are punish MoreThe aim of this study was to investigate the challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments in Iran as a library study with a descriptive-analytical method. Community-based punishments are punishments that are applied and executed in line with participatory criminal policy in the context of society, not in government institutions and institutions such as prisons and similar institutions. With the increase in the criminal population of prisons and the inefficiency of imprisonment, many efforts have been made in the form of various policies, which can be considered the emergence of community-based punishments as the most obvious of these efforts, which was approved by the Islamic Penal Code on 1/2/2013. Findings. The findings of the study show that community-based punishments face challenges in practice. These challenges are: ; Conflict of the obligation to obtain the consent of the convict and trial in absentia as provided in Article 406 of the Code of Criminal Procedure with Articles 65, 66 and 68 of the Islamic Penal Code; The possibility of issuing two types of public service punishments, the note of Article 64 and Note 3 of Article 84 of the Islamic Penal Code are in conflict with paragraph "d" of Article 23 of the Islamic Penal Code and the specification of Note 2 of this article. Lack of proper structure for coordination between the judiciary and the receiving institutions; And legislative challenges following sentencing 2. Cultural barriers, including: traditionalist judges; The punitive attitudes of the masses; Cultural delay; Lack of adequate manpower. 3. Political barriers that include: ideology and political culture and strictly unscientific criminal policy. Overall Conclusion: Research findings show that the implementation of community-based punishments faces three legal, cultural and political challenges. are Manuscript profile -
Open Access Article
120 - Legal Jurisprudential Investigation of Maternal Child Custody: Challenges and Solutions
Ameneh Mazlumzadeh Abdolreza Jamalzadeh Roghayeh ShahabiCustody of the child by the mother is one of the important issues that has been discussed in jurisprudence and law. In this article, an attempt has been made to examine the challenges facing child custody by the mother and, if possible, to provide solutions to address t MoreCustody of the child by the mother is one of the important issues that has been discussed in jurisprudence and law. In this article, an attempt has been made to examine the challenges facing child custody by the mother and, if possible, to provide solutions to address these challenges. The research method of this article is descriptive-analytical and the library method has been used. Maternal custody faces two important challenges; Lack of guardianship of the mother over the child and revocation of the mother's custody in case of remarriage. Prohibition of maternal guardianship over the child is absolutely unacceptable because the mother is more compassionate and kind in protecting the child and her property, while in today's society and also due to the ability of women in managing family affairs and outside the family, maternal guardianship over the child, accepted. In the case of remarriage, such a condition can not be imposed on the mother alone, while for men there is no such restriction and the mother can be prevented from remarrying by creating fear in her. From the jurisprudential point of view, the ruling of compulsory guardianship is not one of the rules of worship but one of the rules of reason. On the one hand, with the shrinking of the family in the present age, and on the other hand, the rising level of education and social presence of women, forgery of forced guardianship for mothers and the possibility of remarriage of women is the most important way to solve the existing challenges. Manuscript profile -
Open Access Article
121 - Relationships between preserving the interests of the system (IRI) and preserving lives with an approach to the view of Imam Khomeini (may his grave be sanctified)
leila samadzadeh khameneh ebrahim yaghouti seyed abolghasem naghibiThe religious government seeks the help of special rules in governing its society and political system, including expediency.Ignoring the natural and religious interests of individuals is not compatible with the principle of legislation and is not satisfied by the lawgi MoreThe religious government seeks the help of special rules in governing its society and political system, including expediency.Ignoring the natural and religious interests of individuals is not compatible with the principle of legislation and is not satisfied by the lawgiver, the issue of maintaining the system as a religious obligation has been emphasized in various jurisprudential chapters,and this ruling is indicated by all the main and secondary arguments and principles of the Sharia. One of the findings of this article is that maintaining the system and the obligation to save lives is the intention of the Shari'a (religious lawgiver),but in the position of obedience and in times of conflict, the most important interest is carefully preferred to the goals of the Shari'a. The legitimate ruler recognizes the most important thing,which is more expedient,and implements it in the form of government decrees.Maintaining the system based on rules such as the most important rule,the rule of maintaining the system,preventing disruption of the system takes precedence over the expediency of saving lives.This article has been done with the aim of recognizing the relations between the expediency of maintaining system and saving lives in the shadow of describing and analyzing jurisprudential proposition. Manuscript profile -
Open Access Article
122 - Legal Sources of Obligation to Provide Information and Its Performance Guarantee in Iranian and British Law
Pari khaledi Bahareh ShafieiIdentifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of MoreIdentifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of themanufacturing and supplying specialists compared to the consumer, a kind of informationasymmetry has been created that endangers social peace and tranquility and creates tension in therelations between the two social groups: the supplier and the producer on the one hand and theconsumer on the other hand. Therefore, to prevent problems arising from the asymmetry ofinformation, the task of providing information to the consumer is assigned to the suppliers ofgoods. In addition to the will of the parties and their agreement regarding the obligation toprovide information explicitly and implicitly, the importance of the law as one of the sources ofthis obligation should not be overlooked. The issue of the obligation to provide information inlegal sources can be the act of providing necessary information or the act of refraining fromproviding false information, depending on the case. In Iranian law, the traces of acceptance ofboth aspects of this obligation can be observed in both general and special regulations. In thecommon law legal system, the lack of guidance and warning is considered a type of productdefect. However, since the discussion of the obligation to inform and the duty of producers andsellers regarding guidance and warning is important and comprehensive, it is investigatedseparately from the discussion of defect option under an independent heading. Manuscript profile -
Open Access Article
123 - Expropriation by the government and its affiliated institutions in the light of modern jurisprudential views
Hoddein Ranjbar hoseyn RajabiThe subject investigated in this article is expropriation by the government and its related institutions in the light of modern jurisprudential views. Therefore, we have first analyzed the generalities about the municipality and its possessions, and after that we have e MoreThe subject investigated in this article is expropriation by the government and its related institutions in the light of modern jurisprudential views. Therefore, we have first analyzed the generalities about the municipality and its possessions, and after that we have examined the issue from a jurisprudential and legal point of view. It seems that from the point of view of jurisprudence, bases such as harmlessness, expediency, and such things allow the municipality to acquire, and on the other hand, these bases are an obstacle to the acquisition of this institution. On the other hand, some principles have been proposed in the laws of western countries, including France, and we have entered and applied them in domestic laws. These foundations, which in their most important aspect are public service, public power, and public benefit, have been analyzed in their place. Manuscript profile -
Open Access Article
124 - An analysis of intellectual property rights challenges regarding non-sexual tokens
Ali Komeylipour MOhsen ShekraiOne of the most valuable concepts in today's world is to solve the concern of intellectual property in the real space and especially in the digital space. Because in order to solve the concern of intellectual property, it is necessary to offer up-to-date solutions MoreOne of the most valuable concepts in today's world is to solve the concern of intellectual property in the real space and especially in the digital space. Because in order to solve the concern of intellectual property, it is necessary to offer up-to-date solutions on the platform of blockchain, so that in their form this space of intellectual property rights becomes a safe and secure area. In order to implement this, today non-fungible tokens are used to acquire the right of ownership of a real or digital asset under the title of a digital document. And blockchain, by creating NFT tokens that are created and moved on the blockchain of digital currencies, has made the artists of the world, including painters, architects, musicians, digital artists, graphic artists, animators and filmmakers, who are mainly created from works of art. They earned their own money. Or sometimes they gave away their intellectual property in order to earn money from works of art. They were always faced with the problem of copying works and the ineffectiveness of copyright laws, as well as the problem of selling fake works and mediation of works of art, to find a special solution. This research seeks to explain the solution to the concern of intellectual property in the real and digital space. Therefore, in this research, we seek to analyze the use of NFT tokens and its impact on intellectual property by taking inspiration from similar materials with a descriptive-analytical method. enactment of appropriate legislation, systematic foundation and creation of desire in governmental and non-governmental institutions to use non-proprietary tokens in further protection of intellectual property rights. Manuscript profile -
Open Access Article
125 - Edible Utilization of Xanthan- guar Oleogels as a Shortening Replacement in Sponge Cake: Physicochemical Properties
Mohammad Noshad Mohammad Hojjati Mina Hassanzadeh Reza Zadeh-dabbagh Marjan HosseinKhani -
Open Access Article
126 - Jurisprudential investigation of the consequences of changing parents' gender on the issue of guardianship and custody of their children
Sayyed mohammad Hoseini Mohammad Mahdi KariminiaGuardianship of children and their custody are two important things in the family institution. According to Shia jurisprudence, the guardianship of children is the responsibility of the father and their custody is the responsibility of the mother. Now we have to answer MoreGuardianship of children and their custody are two important things in the family institution. According to Shia jurisprudence, the guardianship of children is the responsibility of the father and their custody is the responsibility of the mother. Now we have to answer the question, what effect does change the gender of parents have on guardianship and custody of children? In response to this question, this research investigates two points of view with a descriptive-analytical method. First, because the father loses the title of a father by changing gender and the mother loses the title of mother by changing gender, their custody and guardianship over the child are lost. On the other hand, some jurists consider it possible to remain in their guardianship and custody. Because in the social context, people call those who were parents before the gender change because the title of each parent cannot be taken away from them by gender change. Manuscript profile -
Open Access Article
127 - Guardianship and adoption in Shahnameh Ferdowsi according to convention of children’s rights (1989)
somayeh ershadi Ahmad ZakeriAbstract The relationship between guardianship and adoption is a legal one. It has certain characteristics and necessitates special circumstances which according to its historical background and particular outlook in ancient Persia, various examples of it are seen MoreAbstract The relationship between guardianship and adoption is a legal one. It has certain characteristics and necessitates special circumstances which according to its historical background and particular outlook in ancient Persia, various examples of it are seen in Shahnameh. The purpose of this study is to examine different aspects of the rights of these adopted children in Shahnameh and to analyze the cases according to the articles of the convention of children’s rights. This document, Shahnameh is the first international agreement which supports the children’s rights and respects the same rights and privileges of a natural child for the adopted ones to the best interests of child. Different studies demonstrate that the guardianship and adoptions in Shahnameh had roots in social, political, and cultural factors and the economic coercion by no means had any role in the affair, the main concern being the cultivation and raising of children irrespective of winning the benefits gained in the process. The overall attention of the guardians towards the rights of these children are indeed praiseworthy. The emotional aspect in particular is an integral part of the guardian’s responsibility unlike the weak performances seen from some families in this regard. Keywords: Guardianship, adoption, the convention of children’s rights, child, Shahnameh Ferdowsi. Manuscript profile
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