• List of Articles Positive law

      • Open Access Article

        1 - A New Viewpoint on Testament Judgment Based on Verses and Traditions
        Mohammad Reza Keikha Zahra Beizadeh
        Shiite mysticism considers and knows justice as the necessary condition for some positions such as congregational Imam, testifying, judgment and authority. Jurisprudents express various meanings for justice and the present paper proves that justice is of different level More
        Shiite mysticism considers and knows justice as the necessary condition for some positions such as congregational Imam, testifying, judgment and authority. Jurisprudents express various meanings for justice and the present paper proves that justice is of different levels and of duties. It also proves that for the various positions in which justice is a must, it is not equally valid; for some such as congregational Imam a low level is needed while for judges and religious authorities (marji' taqlīd) the highest level is a must rather than other positions. Testifying is one of the most important ways to prove right for judgment. Our legislator has developed testament proofing power in a way that there is no limitation for testament in spite of foreign laws in which specific claims are only permitted to be testified. This article studies testament completely. Manuscript profile
      • Open Access Article

        2 - The Rules governing Smart Contracts in Islamic Jurisprudence and Positive Law
        Seyed Ali Rabbani Mousaviyan
        Smart contracts are computer transaction protocols to enforce contract terms. There are two objectives for smart contracts; one that satisfies the usual terms of the contract such as terms and conditions of payments, the maintenance of confidentiality and completion of More
        Smart contracts are computer transaction protocols to enforce contract terms. There are two objectives for smart contracts; one that satisfies the usual terms of the contract such as terms and conditions of payments, the maintenance of confidentiality and completion of the contract, and the other one to minimize random and intentional exceptions and the need for trusted intermediaries. Smart contracts in their internal mode are merely programmed codes that are created to facilitate the original contracts and so they are not contracts but in the external model, they are agreements that are implicitly included in the original contracts and there are contracts. The contracts in the external model are binding pursuant to the article 10 of the Iranian Civil Code and also the powers to cancel the contracts are executed to them. However, some types of these powers such as delay in payment are not possible due to the nature of the contract. Nowadays, smart contracts have many obstetrical along the way of which one of the main issues that we can name is privacy in contracts. Manuscript profile