List of Articles

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  1 - Explain the jurisprudential and legal challenges of bank delay fines and provide solutions
  Muhammad Hadi Mahdawi Ehsan Ali Akbari Babukani Jawad Edalatjoo
  One of the issues in long-term transactions, especially in banking transactions, is the non-payment of debts at the due date. Public trust and the reduction of long-term transactions, the reduction of good loans, and the reduction of the spirit of cooperation and cooper More

  One of the issues in long-term transactions, especially in banking transactions, is the non-payment of debts at the due date. Public trust and the reduction of long-term transactions, the reduction of good loans, and the reduction of the spirit of cooperation and cooperation between individuals. Shari'a and the interests of society, to find practical solutions to solve the problem fairly and justly. One solution to this problem is "late payment penalty" or "late payment damages". The penalty for late payment is a way to compensate for the damages incurred by the debtor as a result of the debtor's delay in paying his debts, so not only is it not subject to usury, but its compensation is protected by the legislature with general rules such as no harm. But in relation to it, challenges such as usury, non-segregation of debtor classes, encouraging customers to default, have been raised regarding the penalty for late payment, which the present article seeks to explain, and it seems that none of these challenges is the principle of penalty for late payment. It does not distort. Solutions such as the implementation of collateral and guarantee, the condition of late payment damages, financial penalties for violators, financial penalties for violators, the formation of a charity fund, the formation of a creditor protection fund, can be very effective for the challenges of bank delay penalties.   Manuscript profile
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  2 - The nature of the condition in the contract and its relationship with the validity and corruption of the contract from the perspective of contemporary jurists
  Abd Al-Latif 'Alem Yunes Wahed Yarijan Sayyed Abulqasem Naqibi
      Regarding the relationship between the condition and the contract, many different and contradictory views have been expressed, which are mostly related to the previous analyzes, ie the views of ancient jurists, and the latter, ie the views of contemporary More

      Regarding the relationship between the condition and the contract, many different and contradictory views have been expressed, which are mostly related to the previous analyzes, ie the views of ancient jurists, and the latter, ie the views of contemporary jurists, have not been studied. According to the majority or the views of the ancient jurists, the conditions of the contract are subject to the original contract in terms of occurrence and survival, but; According to another view, which is believed by some contemporary jurists, the condition and the contract have nothing to do with each other. According to the proponents of this view, by separating the conditions, depending on the independent and dependent condition, and appealing to the existing principles, they state that the independent condition is subject only to the "occurrence" of the contract, but its "survival" and the rulings on such conditions. , Is a function of its nature, so it is created by writing a contract, but according to the intention of both parties or the rule of law or the nature of the condition, it has the capacity to survive and is not a function of survival and validity of the contract According to this view, the condition has nothing to do with the contract, and therefore all the initial conditions are valid and must be fulfilled, and if the condition is fulfilled correctly, it must be fulfilled, and if it is not valid, it is not valid, so it does not invalidate the contract. The present article, which has been written in a descriptive-analytical method through libraries and documents with the aim of examining the opinion of contemporary jurists on the relationship between condition and contract, concludes that: According to the theory of some contemporary jurists, condition is always an independent commitment. It is from the contract. That is, in fact, in a transaction in which a condition is included, two obligations are made independently of each other, and based on the obligation of the condition being independent, the validity and corruption of the condition have no effect on the contract.     Manuscript profile
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  3 - The nature of the Holy Spirit in Christian and Islamic mysticism
  Jamshid Sarmastani alireza ebrahim
  The Holy Spirit is the third of the three figures in Christian mysticism and sacred existence in Islam, and no worthy effort has been made regarding the dimensions of its nature in Christian and Islamic mysticism. In explaining this nature, the two basic questions are w More

  The Holy Spirit is the third of the three figures in Christian mysticism and sacred existence in Islam, and no worthy effort has been made regarding the dimensions of its nature in Christian and Islamic mysticism. In explaining this nature, the two basic questions are what is the Holy Spirit and what are its characteristics and attributes? This research has been done by descriptive-analytical method and comparative approach and its data has been collected through library and software sources and its main purpose is to recognize the various dimensions of the nature of the Holy Spirit in Christian and Islamic mysticism and determine the commonalities of this nature. The necessity and importance of this research is based on the fact that human beings, by recognizing the nature of the Holy Spirit, can recognize his material and spiritual abilities and capacities and, through this, benefit from them. The results of this study indicate that due to the great commonality in the dimensions of the nature of the Holy Spirit in Christian and Islamic mysticism, the nature of this holy being is the same in the mysticism of the two religions, . Manuscript profile
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  4 - The main methods of "strategic influence" of the enemy in the religious system From the perspective of Quranic teachings - narration
  Mahdi Gorji Azandariani Maryam Haji Abd Al-Baqi Mahdi Eizadi Muhammad Hadi Homayun
  The historical conflict between the right front and the wrong front has been formed since the beginning of human presence. On the one hand, the "divine religion" and on the other hand, the false front, from the system of Satan to the long line of hypocrites, infidels, p More

  The historical conflict between the right front and the wrong front has been formed since the beginning of human presence. On the one hand, the "divine religion" and on the other hand, the false front, from the system of Satan to the long line of hypocrites, infidels, polytheists, the system of domination, and so on. Although the tools and methods of the enemy have changed in historical periods, its purpose and content have always been the same: the dismantling of the right front in every individual and social form. "Strategic influence" is one of the most important soft threats against the rule of law and the religious system. The present study - which helps the view of updating and functionalizing religious knowledge - identifies the main methods of "strategic influence" of the enemy in the religious system from the perspective of Quranic teachings - narrative. The research is descriptive-analytical in the form of "library method" and based on "ijtihad interpretation" with the tendency of "thematic interpretation" which tries to identify methods, for them comparative equation, Analyze content and conceptualize. Research shows that the enemies in the process of "strategic influence", which is mainly based on cognitive-perceptual warfare, dimensions of vision, attitude, motivation, secretarial and action of the religious system at different levels of structure, leadership, rulers, elites and people. The result of the research indicates that based on the teachings of the Qur'an-narration, the enemies in the direction of "strategic influence" in various and complex ways such as "probable"; "Completion"; "Protection"; "Istehwaz"; "Question"; "Humanity"; "Misguidance"; "Seduction"; "Induction"; "Fright"; "Distortion"; "Decoration"; "Dominance"; "Delivery"; «تضلیل»; "Bribery"; "Development"; "Threat"; "Deception"; "Kid"; "Copper"; "Nazgh"; "Revelation"; "Temptation" and ... use that depending on the conditions, requirements and the target community, sometimes case tactics and in many cases combined methods are used. It is clear that the result of such an attack will be "strategic deception" and "transformation of the religious system from within." Manuscript profile
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  5 - Existential realms and the relationship with the "self" in the Qur'an
  BakhshAli Qanbari Mojgan Muhammadi
    The meaning of this writing is "self", the general meaning of the soul, not a specific soul such as amara or lavameh. In this sense, it can be said that it includes all of them. For this reason, the results of this relationship can be high or low. Relationship i More

    The meaning of this writing is "self", the general meaning of the soul, not a specific soul such as amara or lavameh. In this sense, it can be said that it includes all of them. For this reason, the results of this relationship can be high or low. Relationship is always directed to others, but the relationship with oneself (self-directed) is one of the characteristics of human beings and other beings can not establish a relationship with themselves, and only human beings can know that there is no other being other than themselves. , To relate to himself; Self-knowledge and self-exploration (field of knowledge); Consider himself a friend or an enemy (mental field); To ask for or against something (the realm of the will); Speak to oneself (field of speech) or do something for or against oneself (field of action). It is very unlikely that animals will encourage themselves, but humans are the only creatures that can interact with themselves. The Holy Qur'an, after its relationship with God, has paid the most attention to this relationship. Through this relationship, man can achieve spiritual development and reach the peak of serving God; Because it is in the shadow of such a relationship that man realizes the angles of his soul and psyche and realizes that self-preservation plays an important role in his development. This relationship can be realized in the five areas of knowledge / intellect, psyche (including emotions, feelings and emotions), will, speech and action. What and how these relationships are realized in human beings can create effects in human beings. These include self-control and anger suppression. At the same time, in the shadow of establishing a relationship with oneself in the field of action, human beings can perform actions that promote their morale. In addition, through the relationship with man, man can understand the philosophy of his creation and achieve a significant part of good life, and as a result of the continuation of the relationship with himself can achieve moral, religious, psychological and mystical desires. N.   Manuscript profile
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  6 - The scope and limitations of arbitration in resolving disputes in Iranian law
  Yasaman Saeidi Abd A-Reza Jamal Zadeh Ahmad Baqeri
   Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment More

   Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment with cooperation, in the presence of an impartial third party, this person or third parties or the companions themselves voluntarily. Or it is mandatory for the court to decide for them, but the important point is that the verdict issued by a third party is binding on the parties. This is the reason why arbitration is so close to judicial and judicial methods. As a rule, not every civil dispute can be referred to arbitration, as well as disputes that are both related to public order and good morals, as well as claims that the legislator has explicitly mentioned, such as bankruptcy, litigation on the principle of marriage, the principle of divorce and Genealogy cannot be referred to arbitration, which we will address in full in this study. The main purpose of writing this study is to analyze the realm of arbitration in order to identify and expedite the resolution of disputes, as well as its legal consolidation in reducing the costs and litigants' referrals to courts and delays. Of course, the study on the field of arbitration showed that due to the many advantages of non-judicial methods, but it also has many shortcomings and limitations that with the adoption of new laws in accordance with legal rules and standards and amending existing laws may be a clear horizon to develop this The institution promises.    Manuscript profile