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Open Access Article
1 - The legal status of children out of wedlock in Iranian law and Imami jurisprudence
esmat savadi mahboub ghorbaniChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are dee MoreChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are deemed legitimate, like the children born after mistaken intercourse, they shall enjoy the rights appertaining to the legal and legitimate children. But in case they are deemed illegitimate children, like those who are born through adultery, their lineage shall be considered unlawful and illegitimate according to the legal view. Following the Emamieh jurisprudence, as mentioned in article 1167 of the Civil Code of the Islamic Republic of Iran, a child born through adultery shall not belong to the adulterer. This concept means that the law overlooks the natural descent of the illegitimate child, as well as the legal effects of the relationship such as guardianship, custody, maintenance, and legacy. So the rights and duties laid down in the law for the children shall only include the legitimate children. Now this fundamental question arises that where the illegitimate children stand in our legal system and who is responsible for their financial and non-financial rights? This thesis investigates the children born out of the marital relationship as well as their rights and it aims at proposing appropriate suggestions in concert with the equality of the rights of the children in question with those born in a marital relationship. Key Words: Legal Status, Children born through adultery, Left infant, Children born after mistaken intercourse, Children born after artificial insemination, Law of Islamic Republic of Iran, Emamieh Jurisprudence Manuscript profile -
Open Access Article
2 - A Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami Jurisprudence
Seyed ali Rabbani mousaviyan Alireza MillaniA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. There MoreA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. Therefore, this study aims to use a descriptive and analytical method to comparatively study the punishment of murder, the conditions and quality of its execution in the two religions.The results of the research indicate that although proving the intentionality of murder under Jewish law seems more difficult than Imami jurisprudence, in Jewish law the same amount as proving the absolute crime of murder (intentional and unintentional)Its punishment will be life imprisonment only, and other punishments are an exception to this sentence. In terms of circumstances, there are several differences in the criminal law of the two religions.Keywords: Murder, conditions of punishment for murder, punishment of deprivation of life, Jewish criminal law, Imami jurisprudence. Manuscript profile -
Open Access Article
3 - Evaluation and comparative analysis of mudarabah papers based on the standards of Shafi'i and Imami jurisprudence
ABDOLAZIZ MIRANI fereydoon rahnama seid abas mousavian Mahdi Madanchi Zaj Mohammad Adel ZiaeiOne of the most important challenges for Islamic financial engineers is to pay attention to the differences between religions in Islamic countries, including Iran, and plan to discover the differences, resolve legal ambiguities, and finally lay the groundwork for increa MoreOne of the most important challenges for Islamic financial engineers is to pay attention to the differences between religions in Islamic countries, including Iran, and plan to discover the differences, resolve legal ambiguities, and finally lay the groundwork for increasing public participation in various financing projects. The importance of the present research is to resolve the legal ambiguities and doubts in order to increase participation in the financing of Mudarabah bonds. The lack of financial research in Iranian Sunni jurisprudence in connection with the issue of Mudarabah bonds, the population and the high economic and development potentials of Iranian Sunnis, as well as the potential ability to participate in various financing projects by this special segment of the Iranian society, from It is one of the necessities of conducting the present research. . Therefore, in this research, with the aim of reducing the jurisprudential doubts of the Iranian Sunnis, from the two perspectives of Shafi'i and Imami jurisprudence, the Mudarabah papers were examined and analyzed jurisprudently, in order to clarify and resolve its jurisprudential ambiguities, in fact, the present study seeks to answer this question. What are the similarities, differences and the percentage of jurisprudence and difference in Mudarabah papers based on the standards of Imamiyyah and Shafiiyyah jurisprudence. The main approach in this research is a comparative approach. In order to analyze and issue jurisprudence in Imami jurisprudence, the document analysis method (documents and approvals of the Jurisprudence Committee of the Stock Exchange Organization) has been used, and in connection with Sunni jurisprudence (Shafi'i jurisprudence), in-depth interview and focus group methods have been used, a statistical sample It includes 9 experts of Shafi'i jurisprudence. The results of the research show that the similarities and common points of jurisprudence are very high and the percentage of jurisprudence and jurisprudence in the two jurisprudence systems of Imamiyyah and Shafiiyya in relation to Mudarabah papers is at a very high level (100%), which is important. It can be the basis for increasing the participation of Iranian Sunnis in projects related to Mudarabah bonds and other Islamic securities issued in Iran. Manuscript profile -
Open Access Article
4 - Investigating the criminal responsibilities of carriers of infectious diseases due to negligence from the perspective of Imami jurisprudence with an emphasis on the corona virus
Zaman Sandoghdar Reza Abbaspour (corresponding author) Seyed Mohsen RazmiSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) MoreSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) and sometimes the level of its spread becomes global (Pandemic). )). Facing each of these cases requires different health arrangements and requires different legal rules and planning. Dealing with the disease in the national arena requires a model consisting of coordinated, targeted and legitimate measures. This model is formed in paradigmatic structures based on many philosophical, legal and ethical principles and is designed according to the social structure of each society. What is needed to design the model is the explanation of basic rights and values that must be supported, and the other is the explanation of the goal and purpose in carrying out activities and programs and designing processes. All this is in an inherently variable state; Therefore, from the moral and legal point of view, the question is, which human rights has been threatened and endangered by the disease with the characteristics of Covid-19, and what is the justified set of behavior considering the contagiousness and the spread that has occurred or is occurring? It should be done in return to achieve the goals of control and health provision. According to the rule, for such a model, various goals may be considered for the patient and the disease, and accordingly, various behaviors can be envisioned to achieve these goals. Moral and legal norms will determine the limits of behavior. As a result, it may be effective to implement a program or behavior in the face of illness, but it is not justified in legal and moral terms. Manuscript profile -
Open Access Article
5 - The relationship of human dignity and its impact on the formation of consumer rights in Imamieh jurisprudence And the laws and regulations of , govermental discretionery punishments با برنامه Google بگویید «Translate love into French»/«ترجمه عشق به فرانسوی». نه، متشکرمبرنامه را امتحان کنید به زبان دیگری با افراد صحبت کنید. نه، متشکرمبرنامه
arsalan miri جلال ایران منش ابراهیم تقی زاده جلال سلطان احمدیIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the princ MoreIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the principles Correct Islam leads to the maintenance of human dignity. Therefore, in this regard, it is necessary to lay down rules and regulations for the correct way of consumption and consumerism, through their explanation, the human principles of Islam and, in particular, its human dignity. The author attempts to investigate the role and relationship of human dignity and consumerism in Imami jurisprudence and its related laws, in particular the laws and regulations of government sanctions. The method of research in this article is a descriptive-analytical method which, based on the books and articles, has tried to analyze all aspects of the subject. The results of this research show that paying attention to the proper use of the dishes, the maintenance of human dignity and other values that human beings give us human beings. Manuscript profile -
Open Access Article
6 - Jurisprudential principles of punishment and discipline of children by parents in jurisprudence
shirin shafie Tayebe ArefniaThe present study has studied the jurisprudential principles of children's educational rights in jurisprudence. Therefore, in terms of purpose, it is practical and problem-oriented, and the type of research is descriptive-analytical and is based on the library method. I MoreThe present study has studied the jurisprudential principles of children's educational rights in jurisprudence. Therefore, in terms of purpose, it is practical and problem-oriented, and the type of research is descriptive-analytical and is based on the library method. It seeks to answer the following questions: From the point of view of Imami jurisprudence, what is the purpose of disciplining children? Is it permissible to physically punish a child in order to educate him from the point of view of Imami jurisprudence? Research has shown that jurisprudential sources pay attention to the religious upbringing and moral upbringing of children and the duties of parents in these areas. The abyss of loss, corruption, and transgression took care of him and forbade him from sinning and accustomed him to good morals and manners. Manuscript profile -
Open Access Article
7 - A comparative study of the rule of negation of mustache from the point of view of Imamiyyah and Sunni jurists
Hossein Bakhshi shahrokh abadi Alireza Askari Seyyed Mohammad Mehdi AhmadiIn this research, it is devoted to the study of "the application of the rule of negation of mustache from the viewpoint of Shiite and Sunni scholars".The findings of the research indicate that the rules and principles of the Imami jurisprudence and the jurisprudence of MoreIn this research, it is devoted to the study of "the application of the rule of negation of mustache from the viewpoint of Shiite and Sunni scholars".The findings of the research indicate that the rules and principles of the Imami jurisprudence and the jurisprudence of the four Sunni sects regarding the issue of the rule of negation of the mustache, the principle of adherence to agreements and treaties, the rule of invitation, the rule of intimacy and brotherhood in relation to Islamic countries, peace Izzat Madar, the principle of preserving the system, Dar al-Islam and Jihad, and the viewpoints and points of view and the quality of reasoning were mentioned along with the mention of their evidence, and to reach the views of the jurists of the two religions, drawing rules and principles for it is very helpful.The results of the research showed that the Sunni experts said about the concept of negation of the mustache, the meaning of the negation of the mustache is the negation of proof and argument for the unbelievers on the Day of Judgment. Some said that it is negating the power that can destroy the government and the faith of the believers. Some said it is negation of enemies' rule; provided that they do not advise each other to falsehood, and give up evil deeds, and repent of their sins, and some have expressed another meaning. In Shia, according to Ibn Abbas and Yasa Hazrami, Manuscript profile -
Open Access Article
8 - Repentance in Iranian criminal law, Imamiyyah and public jurisprudence
دکتر حیدرنژاد ali forotaniAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Method MoreAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Methodology: This qualitative research made use of descriptive-analytical method and was library-based.Findings: Islamic schools have agreed on the fall of the afterlife punishment in case of repentance, but there are differences of opinion regarding the fall of the worldly punishment. Although public jurists have not paid attention to the quality and conditions of repentance compared to Shia jurists, differences are evident in some jurisprudence texts between the four Arbaah differences. Sunni jurists believe that repentance before arrest is the reason for the reduction of the punishment, but there are dissimilar opinion in other extreme crimes, because some people, citing verses, traditions and analogy of priority, have considered repentance as the reason for the reduction of other punishments, except for the punishment of muharibeh.Conclusion: From the point of view of the Islamic Penal Code of 2013, repentance only causes the fall of punishments that have the aspect of pure divine right and has no effect on the rights of people; therefore, in Qazf and Muharebeh, after proving and mastering the criminal, repentance does not cause the reduction and fall of the punishment. The legislator's innovation in separating punishment crimes according to the degrees of severity and weakness and punishment and accepting the effect of repentance only in light crimes lacks justified grounds and legal balances and is against Sharia rules and in the position of expression. Manuscript profile -
Open Access Article
9 - Gharari marriage and its effect on marriage from the perspective of imami and Hanfi jurists
jamshid Abdoyi Reza RanjbarContext and purpose: There are two general and specific readings about the rule of negation. For this reason, three jurisprudential views have been formed regarding the scope of the rule of negation of gharr: The first view considers negation of gharr as abbreviated to MoreContext and purpose: There are two general and specific readings about the rule of negation. For this reason, three jurisprudential views have been formed regarding the scope of the rule of negation of gharr: The first view considers negation of gharr as abbreviated to sale and lease, the second view considers barter contracts as subject to the provisions of negation of gharr, the third view accepts the application of the rule and negation . Gharar is considered necessary in all contracts. As a result of this disagreement, the question is whether gharar is prohibited from the marriage contract or not. Considering that there is a difference in the nature of the marriage contract among the jurists, the purpose of the present study is to examine the nature of the marriage contract and explain the effects of the Gharari contract in the view of Imamiyyah and Hanafiyyah jurists. Materials and methods: This research is of a theoretical type, the research method is descriptive-analytical, and the method of collecting information is a library, and it was done by referring to documents, books and articles. Ethical considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. Findings: The findings of the present research show that gharar is included in the dowry in the marriage contract and is not in the marriage contract itself, because the marriage is a contract that is not invalidated by the unknown exchange, and the Hanafi jurists include gharar in the dowry in a figurative way. have known that there is ignorance in the form of dowry. Result: To determine the position of gharar in marriage, we must first explain and specify the month of the marriage contract. There are two views in this regard. For they know A marriage contract is also necessary and necessary, in contrast to some people, considering the sanctity of the family institution and its importance, and the discovery of the legality of the marriage contract, it is not merely a contract of exchange, and it is not possible to exchange dowry, for example. Manuscript profile -
Open Access Article
10 - The criterion of violation of width and the way of protection against it in terms of Imamiyyah jurisprudence and Iranian laws
majid najafiAbstractDignity is used in two meanings in legal rules and regulations. The first meaning is the general meaning, which consists of repairing and compensating the damage caused by the lost dignity of a person. The second meaning is about the owner of a legal establishme MoreAbstractDignity is used in two meanings in legal rules and regulations. The first meaning is the general meaning, which consists of repairing and compensating the damage caused by the lost dignity of a person. The second meaning is about the owner of a legal establishment, which aims to express the legislator's respect for a person who has endured the sentence of the criminal and has shown that he is ready to enter the society by expressing decent behavior. It is a logical and rational rule that does not conflict with the constitution and the holy Sharia law and prevents the occurrence and repetition of crimes and encourages criminals to improve themselves. This institution originates from the principles and foundations of legal jurisprudence, which according to the ruling rules, should be searched for in valuable and unique institutions such as repentance and the rule of Jab.Key words: dignity, breadth, compensation methods, Imami jurisprudence. Manuscript profile -
Open Access Article
11 - The nature and effects of Qa-Rar (risk) in transactions in Imamiyyah and Hanafi jurisprudence
Jamshid Abdovi Reza RanjbarQa-Rar in contracts and deals is a deal or a contract that is accompanied by risk, deceit, trickery, negligence, ignorance, deficiency, etc. The present study was conducted with the aim of explaining the nature and effects of Qa-Rar in Imamiyyah and Hanafi jurisprudence MoreQa-Rar in contracts and deals is a deal or a contract that is accompanied by risk, deceit, trickery, negligence, ignorance, deficiency, etc. The present study was conducted with the aim of explaining the nature and effects of Qa-Rar in Imamiyyah and Hanafi jurisprudence. Based on the research results; To realize the Qa-Rar in Hanafi jurisprudence; Gharr should be many and many, Gharr should be originally found in the contract, there should be no necessity and emergency for the contract, Qa-Rar should be in financial contracts. In Imamiyyah jurisprudence, for the realization of gharar in contracts; The fraud must be effective, the fraud must be effective in transactions, the fraud must be to the extent that the transaction is attributed to it, the fraud is effective in the validity of the transaction that is related to its case. Of course, the main difference between the two Hanafi and Imami schools of thought is related to the issue of necessity and urgency. Hanafi scholars believe that the sale of Qa-Rar is a sale that involves ignorance and danger, and the Holy Sharia forbids it and it is impermissible. In Imamiyyah jurisprudence, along with the prohibition of gratuitous contracts, they have also mentioned the sale of a distressed person and considered it abhorrent to deal with a distressed person. However, gratuity is prohibited in Imamiyyah jurisprudence, and if it is not to the extent that one can ignore it, It causes the cancellation of the transaction and contract. Manuscript profile -
Open Access Article
12 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been consi MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate contract. Manuscript profile -
Open Access Article
13 - investigating the phenomenon land speculation take a look at imami jurisprudence
ROHOLLAH NIAZAZARI mahmoud ghauomzade saeid atazadehThe phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the pr MoreThe phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the property of natural and legal persons in any way is condemned under several verses and hadiths and in the words of jurists in the form of jurisprudential rules this issue has been written. Examining the provisions of well-known rules such as harmlessness, sanctity of false property, respect for Muslim property, pride, usurpation, etc., which are sometimes the basis of various laws in the financial, economic and social relations of the Islamic society, are the concern of the Shari'a. It also proves the necessity of studying and explaining efficient laws in this emerging issue in the first way. This article seeks to determine the undeniable necessities in the intellectual stream of Imami jurisprudence, the formulation of an independent crime, the mapping of the correct path of supervision, the identification of areas and openings for the expansion of this harmful phenomenon in society, which should be in the form of laws. The text should be revised and implemented by the legislator of the Islamic government with the utmost care and delicacy Manuscript profile -
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14 - Comparative Analysis of Self-defense in Imami Jurisprudence and International Law
Seyyed Hossein Hosseini Zandabadi Ahamd Abedini Nad Ali Ashouri Reza AbbasianDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deal MoreDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deals with the persecution of his soul, personality and reputation. Defending in Islamic jurisprudence and international law has such conditions as the adequacy of defense with danger, military and armed aggression. These two sources are looked differently in some cases. Islam in some cases not only defines the defense as a kind of right but an obligatory duty. And the martyr is introduced as a person who is killed in the defense of privacy. However, it emphasizes the right in some contextual interpretations. The convergence and divergence of the principles of Islam with the foundations of the West begin from this point which is debatable in this study. Manuscript profile -
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15 - The right of Shofeh in movable and immovable property indivisible in Imami jurisprudence
dawood nassiran mohammadreza kazemi nafchi sayyedmohammadhadi Mahdavi reza abbasianToday, according to the law and the opinion of some jurists, intercession is valid only in divisible immovable property and is not permissible in indivisible movable and immovable property. The present study was conducted by descriptive-analytical method and seeks to an MoreToday, according to the law and the opinion of some jurists, intercession is valid only in divisible immovable property and is not permissible in indivisible movable and immovable property. The present study was conducted by descriptive-analytical method and seeks to answer questions such as; "What is the jurisprudential ruling of intercession on movable and immovable property, which cannot be divided according to the four jurisprudential arguments in Imami jurisprudence?" In the verses of the Holy Qur'an, intercession is not used in its idiomatic sense. The narrations of the second category do not have the ability to conflict with the narrations of the first category in terms of authenticity. Regarding the reason of reason, it should be said that the existential nature of preference is based on three principles; The first principle; The no-harm rule is the second principle of the sanctity of the Muslim property and the third principle is the related rule. Manuscript profile -
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16 - Evolution of Shiite Narrative Jurisprudence in the Second to Fourth Centuries AH; Backgrounds and Factors
Ali MehmanNavazImami hadith has experienced evolutions over time. The evolution of Imami thought from the period of Ahl al-Bayt and its transfer from Kufa to Baghdad and then Qom, has had various ups and downs. Hadith centers and the currents affecting each of the centers are among th MoreImami hadith has experienced evolutions over time. The evolution of Imami thought from the period of Ahl al-Bayt and its transfer from Kufa to Baghdad and then Qom, has had various ups and downs. Hadith centers and the currents affecting each of the centers are among the factors for creating different tendencies among the thinkers of the first centuries. In this regard, an attempt has been made to consider various hadith approaches of different centers which have resulted in the characteristics of each region, and to show its effects on the differences in jurisprudential attitudes. What is more, the prevailing currents in each of the centers have been able to affect the methods applied in narrating and understanding the hadith and, consequently, affected the diversity of jurisprudential opinions. Therefore, by observing the dominant currents in each region, the author has analyzed the connection of each current with the discourse derived from the hadith and narration schools of that era, and finally, its effects on jurisprudential positions have been investigated. Manuscript profile -
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17 - Investigation of false mysticism from the perspective of Imami jurisprudence
marziyeh shafiee Faezeh MoqtadaeeAbstract: In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this resear MoreAbstract: In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this research, which was carried out with a descriptive-analytical method, along with the introduction of emerging mysticisms, jurisprudence and methods of dealing with these deviant currents were discussed. The findings of the research indicated that false mysticism is a way and method or a school that moves in a direction other than reaching true perfection by using mystical methods. Emerging false mysticisms with belief in manifestations of disbelief and atheism, such as dissolution, reincarnation, assignment, immorality, and some of the principles and branches of the holy religion of Islam, have arisen in conflict with the holy religion of Islam. False mysticism, unlike true mysticism with wrong methods, entertains people with worldly and imaginary affairs instead of reaching the truth of the world and God of existence. According to the famous opinion of the famous Imami jurists, there is no Shariah permission for the activity of false mystics. Also, the basics of fighting against false mysticism, "apostasy", and "heresy" are found in the Holy Qur'an and inspired by the life of the Great Prophet (pbuh) and the Imams (pbuh). Manuscript profile -
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18 - The effects of the dissolving condition in the legal system of Islamic countries according to Imamiyeh jurisprudence
hosein gafari samet mahshid sadat tabaei javad niknehadField and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual w MoreField and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual ways to balance the rights of the parties is to use It is a dissolving condition, which as a condition of the void condition, is a kind of suspension condition in which the dissolution and rescission of the sale is suspended until the occurrence of an accident (usually non-payment of price). The question that is very important to answer is what are the effects of including the mentioned condition in the contract?Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: What is the subject of discussion is about the effects of the dissolving condition after the formation of the contract and before the fulfillment of the suspension act , regarding the effects of the mentioned stage, although the jurists and jurists in establishing the right to conditionality and prohibition Conditional vs. they agree on carrying out possessions contrary to the conditional right, but they disagree about the nature of the said right and the guarantee of enforcement of the violation of the said right. If the condition of negative void condition , the right created for the seller is a primary objective right that is supported by the legislator, and the transaction contrary to the condition of termination is in the state of protection. Manuscript profile -
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19 - Fundamentals of the legitimacy of the ruling in absentia in Imami jurisprudence with a look at Sunni jurisprudence
mostafa ghafoorian nejad malihe gholamiAttendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) mus MoreAttendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) must attend the trial and submit his defenses of the claim to the court or submit a bill to the court in the case of absence to prevent violation of his rights. However in some cases, the trial proceeds in the absence of a litigant of the lawsuit. This is an important issue in judgment and trail. Like other issues in jurisprudence, judgment by default needs to depend on authenticated sources and bases. The most fundamental and legitimate sources and bases for absent verdict include Quranic verses, tradition of immaculate Imams, consensus of jurist and reason. Therefore, we have studied and analyzed each of this sources while briefly considering Sunni jurisprudence in all aspects of the issue. The Current study has been a descriptive analytic research which has employed library method through note-taking instrument. In sum, it was concluded that in trial by default, considering some foundations, it can be said that in any condition, it is incumbent on the judge to summon the defendant to trail before issuing any verdict but in the case of the defendant’s absence, he is permitted to proceed a default judgment and issue the verdict in absence. Manuscript profile -
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20 - Laws governing electronic contracts from the perspective of Imami jurisprudence and the subject law of Iran
rahim abdoli Tayeb Afsharnia Alireza RajabzadehE-commerce is essentially a financial exchange that takes place in the context of interconnected electronic devices. A contract through the Internet is basically a contract between two people who are present in terms of time and absent in terms of place. E-commerce is a MoreE-commerce is essentially a financial exchange that takes place in the context of interconnected electronic devices. A contract through the Internet is basically a contract between two people who are present in terms of time and absent in terms of place. E-commerce is an agreement between two people that is accepted by the buyer remotely through an international network (Internet) against the request of the seller, and this is also done through audio and visual devices. This work is research, theoretical and of the type of content production, and the content is presented by referring to jurisprudential and legal sources. In any of the electronic or traditional contracts, there may be a dispute between the parties on an issue of that contract, in order to resolve the dispute, it is necessary for the court to conduct legal proceedings and deal with the dispute. Among the issues raised in electronic commerce is the conclusion of electronic contracts; Because compared to traditional contracts in the law of our country, it is in the initial stages of development. Based on the laws of the subject of contracts and obligations in the context of the prevailing legal system or based on the agreement of the parties, the contract will be based on a law. In Iran's legal system, the law governing transactions is determined by the law of the place where the contract is made. If the contracting parties are non-Iranian and enter into a sales contract in Iran, they can specify another law implicitly or explicitly in the text of the contract. In this research, the quality and manner of laws governing electronic contracts as well as the dispute resolution authority in Imamiyyah jurisprudence and Iran's subject law have been discussed. Manuscript profile -
Open Access Article
21 - Evaluation and comparative analysis of waqf documents based on shafi'i and imami jurisprudence standards
Abdolaziz Mirani Fereydoun Rahnama Roodposhti Seyed Abbas Mousavian Mahdi Madanchi Zaj Mohammad Adel ZiaeiPurpose: One of the most important prerequisites for public participation in investment and financing projects (in this research, endowment bonds), is to provide information needs and pay attention to different jurisprudential views in the country. Therefore, in this re MorePurpose: One of the most important prerequisites for public participation in investment and financing projects (in this research, endowment bonds), is to provide information needs and pay attention to different jurisprudential views in the country. Therefore, in this research, the mentioned papers are examined based on the standards of Shafi'i and Imami jurisprudence in order to clarify and resolve its legal ambiguities and doubts.Methodology: The main approach in this research is a comparative approach. In order to analyze and issue jurisprudence in Imami jurisprudence, the method of document analysis (documents and approvals of the Jurisprudence Committee of the Stock Exchange Organization) has been used, and in connection with Sunni jurisprudence (Shafi'i jurisprudence), in-depth interview and focus group methods have been used, a statistical sample The aforementioned include 8 experts of Shafi'i jurisprudence.Findings: The findings of the research showed that the commonality of views in the two jurisprudence institutions is very high, and this can be a sign of increasing the participation of Sunnis in endowment bonds and other Islamic securities issued in Iran.Originality / Value: Considering that the results of the research resolved the jurisprudential ambiguities related to the endowment documents, it is a very positive step for the development of this tool, and surely, with the wide dissemination of the above results, we will witness more and more participation of Sunnis in Iran in similar projects at the level We will be the country and eventually a very good synergy will happen in this area. Manuscript profile -
Open Access Article
22 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been co MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate the contract. Manuscript profile
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