Jurisprudence and philosophical studies: 2 (2)

Open Access Article

1 - Jurisprudential arguments for the legitimacy of electronic documentary credits
younes Kazerani SeyedAskari Hoseini moghadam

Issue: 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 More

Issue: 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

Open Access Article

2 - Jurisprudential examination of the permissibility of demanding khums and zakat by the jurisprudence of Jame al-Sharitat
mohammad mahdi moridi Fakhrullah Mollai Kendallos Hamed Rostami Najafabadi

Khums and zakat are financial rules of Islam It is obligatory for Muslims to pay khums and zakat on their property, and the consensus of the parties is on this matter. And they believe in the principle of obligatory khums and zakat. In some hadiths, imams have called th More

Khums and zakat are financial rules of Islam It is obligatory for Muslims to pay khums and zakat on their property, and the consensus of the parties is on this matter. And they believe in the principle of obligatory khums and zakat. In some hadiths, imams have called those who reject Khums and Zakat as infidels, which shows the importance of the issue. In this article, we are looking for whether the Islamic government (jurisprudence) can demand khums and zakat from the people? By examining the verses and hadiths, we came to the conclusion that the Islamic government (jurisprudence) can demand khums and zakat from the owner who is obligated to pay khums and zakat. Our reason is from the Qur'anic verse (Take from me my wealth in charity) that God instructs the Prophet to take charity from the people. There are countless traditions that the Prophet and imams demanded Khums and Zakat from the people, which are mentioned in the article. Also, the proof of the guardianship of the jurist, which is the same as the guardianship of the Prophet and Imams, and the guardian of the jurist is in charge of this matter. Manuscript profile

Open Access Article

3 - An approach on the replacement of organ donation in retribution in Iran's legal system
abbas dehghani alireza asgari

Organ donation and organ transplantation can be counted among the benefits that have been considered as an accepted and desirable practice with the help of some jurists and authorities. According to some jurists, self-retribution can be carried out using methods that ca More

Organ donation and organ transplantation can be counted among the benefits that have been considered as an accepted and desirable practice with the help of some jurists and authorities. According to some jurists, self-retribution can be carried out using methods that cause the least amount of suffering to the offender. According to some jurisprudential and legal arguments and inferences, the issue of organ donation has been approved and many people donate their organs to the needy every year. Therefore, the issue of donation and of course retribution through donation, which takes place with the consent of a person, should not be equated with mutilation. The issue of donating the body parts of people who are so-called brain dead and there is no connection between their brain and their organs due to neurological disorder, to the needy patients; Organ transplantation has become a common practice. But this is not enough to meet all the needs of the members. On the other hand, people who are not qualified to live in the community due to social misdeeds and are about to be executed, they must experience a hard death without compensation. Manuscript profile

Open Access Article

4 - Quranic examples of citizenship rights in economic affairs with jurisprudence
Seyyed Mahdi Sadati Ahmad Moradkhani Seyyed Mehdi Mirdadashi

The purpose of the present research is to analyze and examine the Qur'anic examples of citizenship rights in economic affairs. The research method is descriptive-analytical and the results indicate that the models and examples provided by the Holy Quran in relation to e More

The purpose of the present research is to analyze and examine the Qur'anic examples of citizenship rights in economic affairs. The research method is descriptive-analytical and the results indicate that the models and examples provided by the Holy Quran in relation to economic issues and mentioned in this research can save the society from economic crises and guide it towards perfection. These teachings, like other Quranic teachings, cover all aspects of human life. The stability and survival of society depends on the existence of a dynamic and growing economy. Because Almighty God has made economic activities the source of community cohesion. This is important, it will have a great impact in other sectors as well. Through these examples, goals such as economic independence, preserving the sovereignty and political authority of Islam, providing public welfare and fighting against poverty, reducing social damage, growing comprehensive economic development and economic justice can be achieved. Manuscript profile

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