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Issue Info: 
  • Year: 

    2008
  • Volume: 

    18
  • Issue: 

    4
  • Pages: 

    173-182
Measures: 
  • Citations: 

    1
  • Views: 

    191
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

HAGH KHAH MONIR

Issue Info: 
  • Year: 

    2015
  • Volume: 

    17
  • Issue: 

    66
  • Pages: 

    47-84
Measures: 
  • Citations: 

    0
  • Views: 

    2527
  • Downloads: 

    0
Abstract: 

Whenever the obligated individual abstains through disobeying orders and associations, any opposition towards the legal associations could not negate his/her obligatory, for example demonstrating financial hardship for alimony payments, while their recital is taken as intentional and the civil and criminal suit will pursue. This rule is known as the rule of “voluntary denunciation without negating authority” in the law and religious books, which is a rational rule discussed in many jurisprudence and applied greatly in the obligation assignments. This paper aims to focus on the capacity of this rule to improve the family law by using the jurisprudence and legal resources and studying its relationship with the many concepts of the jurisprudence, thereby its applications in the family law are investigated and thus this rule could solve some problems in the field of refusal on family duties (couple/parental duties).

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 2527

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    1 (پیاپی 43)
  • Pages: 

    153-184
Measures: 
  • Citations: 

    0
  • Views: 

    35
  • Downloads: 

    8
Abstract: 

ABSTENTION is one of the types of votes used in the Islamic Council. This vote, in many cases, has a meaning next to a positive or favorable vote and a negative or opposed vote, and in that case, the person refrains from giving a declarative and expressive vote (positive or negative). Analyzing the acts of governance based on Islamic standards and the necessity of not contradicting these acts with Islamic standards highlights the necessity of this jurisprudential and legal review; in addition to authenticity, the efficient principles and approaches in comparative law can also be used for the legal status of "ABSTENTION". Based on this, the main problem of this descriptive-analytical and library paper is that, considering the range of tasks arising from representation, along with the degree of freedom of action and moral life for the representative, as well as the necessities governing decision-making in different situations, what an ABSTENTION in the two areas of "assignment ruling" and "status ruling: interpretation of the status of the abstained vote" is? Among the results of Anake's paper, in jurisprudence and comparative law, different approaches have been adopted in facing this issue; but in jurisprudence, the majority of statements and bases are guided by the prohibition and impermissibility of ABSTENTION in the initial situation; at the same time, on a case-by-case and exceptional basis, in some cases, it is possible to prescribe ABSTENTION. Among other principles governing the ABSTENTION vote is the principle of transparency and the principle of relative legal value, which will open a middle way for "application" and "interpretation of the ABSTENTION vote" based on the evidence or the previous certain situation.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 35

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    153-184
Measures: 
  • Citations: 

    0
  • Views: 

    8
  • Downloads: 

    0
Abstract: 

ABSTENTION is one of the types of votes used in the Islamic Council. This vote, in many cases, has a meaning next to a positive or favorable vote and a negative or opposed vote, and in that case, the person refrains from giving a declarative and expressive vote (positive or negative). Analyzing the acts of governance based on Islamic standards and the necessity of not contradicting these acts with Islamic standards highlights the necessity of this jurisprudential and legal review; in addition to authenticity, the efficient principles and approaches in comparative law can also be used for the legal status of "ABSTENTION". Based on this, the main problem of this descriptive-analytical and library paper is that, considering the range of tasks arising from representation, along with the degree of freedom of action and moral life for the representative, as well as the necessities governing decision-making in different situations, what an ABSTENTION in the two areas of "assignment ruling" and "status ruling: interpretation of the status of the abstained vote" is? Among the results of Anake's paper, in jurisprudence and comparative law, different approaches have been adopted in facing this issue; but in jurisprudence, the majority of statements and bases are guided by the prohibition and impermissibility of ABSTENTION in the initial situation; at the same time, on a case-by-case and exceptional basis, in some cases, it is possible to prescribe ABSTENTION. Among other principles governing the ABSTENTION vote is the principle of transparency and the principle of relative legal value, which will open a middle way for "application" and "interpretation of the ABSTENTION vote" based on the evidence or the previous certain situation.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 8

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    77
  • Issue: 

    81
  • Pages: 

    189-221
Measures: 
  • Citations: 

    0
  • Views: 

    1551
  • Downloads: 

    0
Abstract: 

Enforcement of judgments of administrative tribunal, as one institution for guarantee of the rule of law, is very important. So we can’t consider “administrative authorities ABSTENTION from enforcement of judgments of administrative tribunal (Divan Edallate Edari) branches” as a crime, but we should treat it as administrative offence that an administrative authorities commits against Divan -as the highest reliable administrative testimony unit- and the inquisition is only in its original jurisdiction. The definition of this kind of ABSTENTION is “Any kind of ABSTENTION, as action or inaction, against enforcement of judgments of Divan branches, including judgment or resolution, that deliberately happens after taking administrative measures, when there is no legal or practical barriers against judgment debtor, this offence usually committed by the highest authority and is restricted by the result”, As result we consider the sanction of this offence, as one “Administrative alert” that “legal hierarchical order” principle will determine its extention.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

RESEARCH ON ADDICTION

Issue Info: 
  • Year: 

    2016
  • Volume: 

    10
  • Issue: 

    37
  • Pages: 

    137-150
Measures: 
  • Citations: 

    0
  • Views: 

    1447
  • Downloads: 

    0
Abstract: 

Objective: The aim of this study was to investigate the effectiveness of group reality therapy based on choice theory in anxiety and hopefulness in drug abusers during ABSTENTION.Method: The current study was a quasi-experimental research and the research design was a pre-test and post-test one along with control group. The statistical population of this study included all the addicted individuals residing in the rehabilitation camps of Maragheh city. From among this population, the number of 30 participants was randomly selected and were randomly assigned to two control (15 people) and experimental (15 people) groups. Zhong's Self-Rating Anxiety Scale (SAS) and the Miller Hope Scale were used for data collection. Then, the experimental group took part in eight 90-minute sessions of group reality therapy.Results: The results of multivariate analysis of variance showed that group reality therapy based on choice theory reduced anxiety and increased hope.Conclusion: Due to the importance of anxiety and hopefulness levels in ABSTENTION period, addiction treatment centers can help sufferers improve their hopefulness and decrease their anxiety by the provision of choice theory after treatment.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1447

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Writer: 

HEIDARI MAHDI

Issue Info: 
  • Year: 

    2016
  • Volume: 

    1
Measures: 
  • Views: 

    147
  • Downloads: 

    0
Abstract: 

THE MYSTICS IN THE FACE OF POLITICS HAVE SOMETIMES EMPHASIZED ON EITHER OF UNITY AND PLURALITY CRITERIA, SO THEY HAVE MISSED HALF OF THE TRUTH. THE HERMITS ARE WHO HAVE REMAINED IN THE WORLD OF UNITY AND DID NOT ATTEND ANY SOCIAL EVENTS. THIS WAY WAS NAMED NEGATIVE MYSTICISM. SOME OF HERMITS DID NOT VISIT PRINCES AND REFUSE THEIR GIFT BECAUSE OF OTHER REASONS. FOR EXAMPLE, THEY CALLED THE GOVERNORS AS CRUEL PRINCES AND DID NOT RESPECT THEM; IN FACT, THEY FOUGHT THEM INDIRECTLY. THEY FORBADE HAVING RELATIONSHIP WITH PRINCES AND EVEN CONSIDER IT HARMFUL TO THEIR BEHAVIOR. THEY DID NOT TAKE PART IN ANY POLITICAL AFFAIRS OR SOCIAL INVOLVEMENTS. SOME OTHER MYSTICS BEHAVED MORE LOGICAL, AND THEY HAD CONNECTION WITH SULTANS TO HELP OTHER PEOPLE.IN THIS STUDY, WE INVESTIGATE REASONS AND MOTIVATIONS TO DIVIDE THIS ISOLATION INTO POSITIVE AND NEGATIVE ASPECTS. THESE MYSTICS ARE NEARER TO BEGINNING OF ISLAMIC ERA, AND THEY WERE LIVING IN ABBASI'S AGE. THEREFORE, THIS RESEARCH IS BASED ON SOME MYSTICS SUCH AS MOHAMMAD EBNE KARRAM, YAHYA EBNE MAAZ, HAMDUN-E-QASSAR, ABUHAFS-E-HADDAD, ABUBAKR-E-VARRAQ, SAHL-E-TOSTARI, ABUSAED-E-KHARRAZ, ABULHOSSEIN-E-NURI, AMRE MAKKI, JONEID, SHEBLI, TERMAZI, KOLABAZI, SARRAJ, MAKKI, KHAFIF, KHARGUSHI, AND SOLAMI.

Yearly Impact:   مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Mirzaei Eghbal Ali

Issue Info: 
  • Year: 

    2023
  • Volume: 

    24
  • Issue: 

    2
  • Pages: 

    255-284
Measures: 
  • Citations: 

    0
  • Views: 

    87
  • Downloads: 

    12
Abstract: 

Iranian Civil Code does not explicitly address the occurrence of misrepresentation by silence. According to Article 438 of this Act, those ‘Operations’ that lead to deception are generally considered as misrepresentation. Some legal scholars believe that deceptive operations are occurred by a commission of an act, or an omission. Others include intentional silence as a part of these Operations. A similar divergence exists among Imamiya jurists. Some argue that ‘concealing a defect‘ is established through actions that demonstrate the non-deficiency in the the subject matter of the contract. Others contend that, if there is an awareness as to the defect, then silence and ABSTENTION from disclosing the defect will amount to the concealment of the defect, and consequently ‘misrepresentation’. Most jurists base the religious ruling of silence and non-disclosure of defects on the principles of deception and misrepresentation. However, some others find it challenging to apply the customary concept of deception to silence, as deceit and fraud typically occurs by deceptive actions. Moreover, the existence of an intent to deceive and the bad faith of the silent party are not customarily proved. Particularly, what has been prohibited in narratives related to deception involves doing deceptive activities such as mixing the subject matter of the transaction with other things. This article critically examines and evaluates the above perspectives, concluding that the proponents of establishing misrepresentation by silence lack convincing reasons. Additionally, a careful examination of the theoretical foundations of their position reveals that relying on misrepresentation in the cases of silence lacks substantial support, but a jurisprudential reputation. Especially, the religious prohibition of silence and non-disclosure of defects have not been established before many Imamiya jurists. Ultimately, it became evident that the existence of the ‘option of defect’ as a ‘postural ruling’ for silence and ABSTENTION from disclosing defects is acceptable in Imamiya jurisprudence.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 87

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Journal: 

Nameh Farhangestan

Issue Info: 
  • Year: 

    2008
  • Volume: 

    10
  • Issue: 

    2 (38)
  • Pages: 

    25-43
Measures: 
  • Citations: 

    4
  • Views: 

    1434
  • Downloads: 

    0
Keywords: 
Abstract: 

Persian ascetic poetry is deeply rooted in Islamic teachings. The practical teachings of Islam inspiring this type of poetry included ABSTENTION from worldly affairs, purification of the carnal soul, promoting spiritual ethics, etc. These three characteristics are most prominent in Persian ascetic poetry. Ascetic poetry represents the early experiences of Sufi poetry, which upon refinement develops into mystical poetry. In this article, the writer first presents a review of the ascetic lifestyle of a number of ascetic poets and then explains the tendencies found in their poetry.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1434

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    8
  • Issue: 

    1 (15)
  • Pages: 

    87-110
Measures: 
  • Citations: 

    0
  • Views: 

    216
  • Downloads: 

    0
Abstract: 

The business judgment rule as a central and a judicially created doctrine in commercial􀀃 companies’ 􀀃 law􀀃 immunes􀀃 corporate directors from personal liability for decisions they make on behalf of a corporation in order to manage it. There are two approaches about its reliability in American law. According to the first approach, the court can hold directors liable only if their decisions do not correspond with management standards. According to the second approach􀀃 which􀀃 is􀀃 considered􀀃 as􀀃 “ The􀀃 ABSTENTION􀀃 Doctrine” , 􀀃 the􀀃 courts􀀃 can’ t􀀃 basically􀀃 and􀀃 usually􀀃 review􀀃 the􀀃 board’ s􀀃 decisions􀀃 and􀀃 actions. 􀀃 Based􀀃 on􀀃 this􀀃 approach, directors are personally liable against corporation only in special cases. The distinction between these conceptions matters a great deal and essentially comes down to who has the burden of establishing the existence of the factors that would grant or deny business judgment rule protection. In this article, we deal with these two approaches and its differences with Iranians commercial regulations comparatively.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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