Mohammad Rasool Ahangharan
Abstract
Bank contracts are concluded either absolutely or conditionally. Most contracts are concluded conditionally. Therefore, in most contracts, observance of rules of sharia in banking affairs, which is today subject of much attention, depends on knowledge of fiqh and legal nature of conditions and their ...
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Bank contracts are concluded either absolutely or conditionally. Most contracts are concluded conditionally. Therefore, in most contracts, observance of rules of sharia in banking affairs, which is today subject of much attention, depends on knowledge of fiqh and legal nature of conditions and their function. Conditions are divided into many categories based on different criteria, and accurate knowledge of each of such categories is very important, and also, it is necessary to study effect of each separately. Such study would range from the study of how to accurately conclude a contract containing each of categories of conditions to consideration of the effect of violation of conditions. Such study must be done carefully and with diligence without ignoring complexities of certain matters. Indulgence and lack of diligence in sharia rules-based banking operation not only undermines Islamic bases of economy but also cause many to doubt the Islamic bases of economy and lead them to falsely believe that observance of rules of fiqh only apparently changes bank operations without making any substantial changes, thus making people confused and surprised with the never answered question why so much must be spent on such superficial and ultimately ineffective changes.
mohammad Abouata; Arman Baharloo
Abstract
In Islamic jurisprudence, information based on hearsay, is introduced, under testimony, as a legal proof. Due to silence of the regulations concerning evidence in civil code and code of civil procedure in this matter, the role of this proof is subject to discussion in current legal order and naturally ...
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In Islamic jurisprudence, information based on hearsay, is introduced, under testimony, as a legal proof. Due to silence of the regulations concerning evidence in civil code and code of civil procedure in this matter, the role of this proof is subject to discussion in current legal order and naturally in civil proceedings. By deliberation in jurisprudential resources, doctrine and legal regulations relating to evidence in civil code and civil procedure code, it appears that providing information supported by hearsay, which is similar and related to testimony and local investigation in some respects, may be principally invoked in civil disputes whether in making action or defense against it.
Hosein Ahmari; EBRAHIM KARIMI
Abstract
One of the important issues about collection of diayh from the criminal who have committed a crime involving difference of diyah is impact of his/her consent to pay difference of diyah and him/her release from qisas. Most Shiite faqihs believe that criminal’s consent to pay diyah is necessary and ...
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One of the important issues about collection of diayh from the criminal who have committed a crime involving difference of diyah is impact of his/her consent to pay difference of diyah and him/her release from qisas. Most Shiite faqihs believe that criminal’s consent to pay diyah is necessary and that according to the Qur’anic verses and hadiths concerning discretionary nature of punishment of crimes involving qisas, the victim or his/her heirs are entitled to impose qisas on the murderer. According to this group of faqihs, if those entitled to impose qisas ask the criminal for difference of diyah, the latter shall have a choice between giving consent to pay such amount and not doing so. However, another group who invoke some of hadiths and doctrine of “la yabtal” hold that those entitled to impose qisas may choose between “qisas upon payment of the difference of diyah” and “obtaining of diayh from the criminal in absence of his/her consent”. Iranian legislator had also adopted the opinion of the former group. However, the new penal code derogating from the majority opinion has adopted the latter opinion, not requiring consent of the criminal for payment of difference of diyah. This research exploring arguments of both groups demonstrated that the majority opinion of faqihs is firm and reasonable and the opinion of the other group and the legislator is based on acceptable proof.
A. Izadifard; Mohammad Mohsaeni Dehkalani; Esmaeil Ghandvar
Abstract
Concerning either enforcement or non-enforcement of the rule “obscenity for unstated punishment” (rational acquittance) around the "doubt of matter", two views can be recognized by learned men of Usul . One of them is that the rule is applicable to the ''doubt of matter'' and also to ...
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Concerning either enforcement or non-enforcement of the rule “obscenity for unstated punishment” (rational acquittance) around the "doubt of matter", two views can be recognized by learned men of Usul . One of them is that the rule is applicable to the ''doubt of matter'' and also to the ''doubt of law''; but, the other view denied the enforcement of rule to "doubt of matter". The partials of two above-mentioned views have relied on some proofs ,as, studying of their proofs and criticize for their views has guided us towards the third view. According to the theory accepted by us, since ''doubt of matter deducted from sharia (Islamic law)" are like the ones deducted from the law, then, enforcement of the rule is of no problem. Of course in this case, where, the instances of dubiety consist of properties, life, chastity and credit, so, because of ''sovereignty rule'' and of ''wise men approach'', these will be out of the scope of inclusion rule. Furthermore ''rational acquittance'' will not be applicable in non-deduced canonical issues.
Heydar Bagheri Asl
Abstract
Civil law has known each of the rescissions transferable to heir after the death of praepositus. This opinion has been attributed to jurisconsults' consensus but recent research will show that claim of being consentant of this judgement conflicts with disagreement of well-known jurisconsults in rescission ...
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Civil law has known each of the rescissions transferable to heir after the death of praepositus. This opinion has been attributed to jurisconsults' consensus but recent research will show that claim of being consentant of this judgement conflicts with disagreement of well-known jurisconsults in rescission of inheritance 1.Husband for wife, 2.Condition for alien, 3.primogeniture for except of big son, 4.session of sale with death of one of the parties of contract. Since the main way of validity and nullity deliberation of juridical issue is studying itsevidence so it should be studied juridical scope of evidence in inheritance option so that standpoint of twelve shi'ite muslims law acquires and presents from evidence in it. Recent article wants to do this and it has done it with the method of inference from valid sources of twelve shi'ite Muslims law and on the strength of library method. This subject-matter is important finding of this research.
Mahmoud Haeri; Sajedeh Eslami
Abstract
One of the issues raised in banks loan account which aims to help the needy and the benefit does not apply to these accounts, but banks are the lucky draw prize to people who are opening this account.This has caused some people attempted to open an account to get the prize and represents one of ...
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One of the issues raised in banks loan account which aims to help the needy and the benefit does not apply to these accounts, but banks are the lucky draw prize to people who are opening this account.This has caused some people attempted to open an account to get the prize and represents one of the former lottery that people bought raffle tickets to win rather than help the needy. This has caused some bring banks an institution's raffle. The auther seeks to express the fact that despite the similarity of the prize to former raffle, it is permissible.
seyyed Mojtaba Hosseinnejad
Abstract
FOKAHA disagree about the sentence that requires fornicators to be subjected to a plurality of punishments if they are committed to repeat one type of fornication (zina) with different women. As with most consent FOKAHAS, there will be sufficient to enforce one punishment for a repeated fornication (zina) ...
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FOKAHA disagree about the sentence that requires fornicators to be subjected to a plurality of punishments if they are committed to repeat one type of fornication (zina) with different women. As with most consent FOKAHAS, there will be sufficient to enforce one punishment for a repeated fornication (zina) committed with different women. A few FOKAH, however, believe that a plurality of punishments should be served by those found guilty as they having had repeated fornication with different women. Taking into account all these comments mentioned above as well as analyzing them, the authors arrive at the conclusion that even though there is the consensus that there will be sufficient to enforce one punishment for a repeated type of fornication, it is of no documentary value due to the fact that there is a weak evidence to suggest the presumption of innocence, discounts, and mitigation as well as to ABU BASIR narrative according to believers’ claim of first quote. Thus, the important thing is to investigate if the reputation evidence is reliable. After reviewing the ABU BASIR narrative, it becomes clear that the second quote is thoroughly complete even confessed by the believers’ claim of first quote themselves. This narrative also cannot be considered to be poor evidence as well. Confirming the authenticity of this document as being thoroughly complete, there is no need to consider the presumption of innocence, discounts, and mitigation. As a result, there is no choice but to accept the second quote in this regard.
hasan hoseiniyar; Abasali Soltani; Mohammadreza Elmi Sola
Abstract
Khabar wahid as one of the sources and proof of inference of rules of sharia has been subject of attention and faqihs have always been divided on whether or not it is valid proof as it was considered as valid proof by majority of faqihs in some period while it wasn’t in another. Today, the majority ...
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Khabar wahid as one of the sources and proof of inference of rules of sharia has been subject of attention and faqihs have always been divided on whether or not it is valid proof as it was considered as valid proof by majority of faqihs in some period while it wasn’t in another. Today, the majority opinion is that khabar wahid is valid proof but no clarification has been made about applicability of khabar wahid as regards main affairs (umur muhimmah). Given the fact that there are many transmitters in transmission of khabar, which weakens the possibility of truth of khabar and considering rule spirit of sharia and common sense that caution must be when dealing with main affairs (umur muhimmah), this paper aimed to show that use of khabar wahid as the mere basis of making laws (such as stoning of adulterer and execution of apostates) in main affairs is contrary to spirit of sharia and common sense and therefore lacks support of reason and sharia.
davood saeedi; mohammadreza kaykha
Abstract
Marriage is paying attention to as a condition of employment conditions in past and present to some employments on behalf of organizations included of state and private agency. This situation is while that seems the exact study to legality and illegality this condition so far not ...
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Marriage is paying attention to as a condition of employment conditions in past and present to some employments on behalf of organizations included of state and private agency. This situation is while that seems the exact study to legality and illegality this condition so far not has been done. According to sources of jurisprudence and consideration of governing principle on employment regulations to bases including on employment in administrative law, insertion marriage´s absolute condition and even as a prior condition in some conditions is not legal and it is limitation and exclusion of nation´s social and economic rights and particularly is limitation of employments rights. There increase important of discussion is social, economic and cultural results these unnecessary conditions. Author in the present paper has proved prior condition in some cases and conditions about marriage on the sources of jurisprudence and on the rules of general law and employment. Thus legislator must consider this problem in legislation.
reza sokuti
Abstract
In-binding conditions in contracts have a superior place. One of these conditions is the resultant condition which although has been paid attention in articles 234 and 236 civil code, but there is not a forthright discussion about its corollary condition realms and the opposing transactions. In ...
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In-binding conditions in contracts have a superior place. One of these conditions is the resultant condition which although has been paid attention in articles 234 and 236 civil code, but there is not a forthright discussion about its corollary condition realms and the opposing transactions. In this research attempts have been made on discussion about the concepts of corollary conditions and their realm and then the legal and juristic state of its opposing transactions. For this purpose valid legal and juristic references have been referred to and attempts have been made to open discussion on Imamiyeh and lawyers point of views which themselves have been a focus of different debates. Afterwards judicial precedent has been reviewed briefly and finally attention has been made to independent point of view which means such transactions are non-referable.
mohammad abedi; ali saatchi
Abstract
Substance and subject of agency is granting representation and by virtue of it, agent act as representative of his or her client. In fact, agent obtain his or her legal authority from client, so in simple agency, disposal of agent is possible any time and client can do subject of agency him or ...
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Substance and subject of agency is granting representation and by virtue of it, agent act as representative of his or her client. In fact, agent obtain his or her legal authority from client, so in simple agency, disposal of agent is possible any time and client can do subject of agency him or herself and preclude it by acting against agency. Principally, client, in simple agency, can recruit a new agent or dismiss him or her. So, first and second agenct can act dependently or independently and if it is stipulated on dependent dismissed and former agent, independent agency of first agent will change into dependent agency. But whether add an agent is possible or not and if it is true, when is it possible? Secondly, if it is possible, with add an agent and non-stipulation of dependent or independent agency, does the first agent who act independently will act dependently or not? To answer it, we must separate among kinds of agency (simple, irrevocable and in authorization of sale contract) and it is argued that that as a rule, whenever the agency create a right for agent or the agent are beneficial in non-termination of agency condition, , or agency was clause within contract (condition as an integral part of contract ) in which subsequent dismiss of agent causes contractual imbalance in loss of person who was made condition for him dismissal or limitation of his or her powers by changing independent agency into dependent one is impossible.
