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Issue Info: 
  • Year: 

    2025
  • Volume: 

    17
  • Issue: 

    31
  • Pages: 

    315-344
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

A defining characteristic of the Civil Partnership contract is the joint ownership of partners’ assets, which is intrinsically linked to the legal concept of authorization (permission). Consequently, the revocation of authorization results in an abrupt cessation of economic interactions within this legal framework, leading to harmful outcomes such as the loss of benefits derived from the shared assets during an indefinite suspension. This situation increases the likelihood of premature and detrimental dissolution of the Partnership. Existing solutions, which reflect a dual nature combining the binding effect of joint ownership contracts and the permissibility of agency contracts, fail to effectively address the adverse consequences of revoking authorization. Furthermore, deeming the Civil Partnership contract as binding conflicts with the fundamental principle of cooperation and collaboration that forms the foundation of this legal institution. This study, employing a library-based analytical approach, demonstrates that the harmful effects of revoking authorization arise from the permissive nature attributed to the Civil Partnership contract, which is clearly inconsistent with Islamic jurisprudential-legal rules and economic efficiency. To resolve these contradictions, it is proposed that where revocation of authorization would result in the loss of benefits from jointly owned assets and cause harm, the principle of Lā ḍarar (no harm) should be invoked. According to the principle of Lā ḍarar (no harm), the implicit condition of continuous and proper use of jointly owned property, the principle of upholding the contract, the condition of maintaining contractual balance, and the interpretation and supplementation of explicit and implicit contractual terms based on economic efficiency, the permission (authorization) is presumed to remain in effect until it is terminated without causing harm.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    23
  • Pages: 

    97-122
Measures: 
  • Citations: 

    0
  • Views: 

    659
  • Downloads: 

    0
Abstract: 

One of the common contracts in the Islamic banking system is the Civil Partnership contract adopted from voluntary trade Partnership in Imamiah jurisprudence. According to Article 7 of Civil Partnership contract, taken from their participation in the Central Bank’ s Civil Partnership model, that was approved in 2013, the responsibility for managing the company's affairs is voluntarily (gratuitously) on the partner under the supervision of the bank and based on the agreed upon documents. As in voluntary trade Partnership (properties Partnership) and consequently, in the Civil participation contract, the agent is entitled to be paid, gratuitousness of the bank partner agency in the Civil Partnership contract will question its legitimacy. Therefore, the investigation of the authenticity and legitimacy of such a condition of the above mentioned contract is of paramount importance. In the present research, which was conducted using descriptive analytical method, it was found that the gratuitous contract is contrary to the Islamic law and the nature of the contract. As a result, it is void and will turn the nature of the Civil contract into a prohibited loan based on the religious norms.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    12
  • Issue: 

    4 (48)
  • Pages: 

    1-26
Measures: 
  • Citations: 

    0
  • Views: 

    533
  • Downloads: 

    0
Abstract: 

Introduction participation is the basis of social life and security is the necessary need of the human society. The increasing growth of urbanization in recent decades has created problems for cities such as the increase in social abnormality, identity issues and the decrease in social affiliation, social environmental problems, decrease of security of the citizens, etc. As Civil participation decreases, security problems increase. Therefore, the purpose of the research is to examine the relationship between Civil participation and urban security in Tehran. Method The purpose of the research is an applied one and its method is descriptive and correlational. To do the research, the sample size is determined through Morgan's formula and 384 questionnaires are provided and distributed in several stages in the districts 2, 6, 10 and 11 and SPSS software is used for the analysis. Findings Although the results of the research show a significant relation between Civil participation and urban security in Tehran with the Spearman correlation coefficient, the average components of the Civil participation are less than the average value. In fact, only the sympathetic participation accounts for the highest participation among the citizens with the mean value 3. 22, and the approaches that increase. Result Therefore, the participation must be followed in other levels of educational actions, incentive policies, interaction between police and other entities of urban management and using their capacities to create urban security.

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Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2021
  • Volume: 

    21
  • Issue: 

    82
  • Pages: 

    183-211
Measures: 
  • Citations: 

    0
  • Views: 

    80
  • Downloads: 

    14
Abstract: 

Civil Partnership agreement is one of the common methods of allocating resources and granting facilities in the country's banking system, which is based on the Partnership of capital owners. The standard nature of the form has led to the inclusion of conditions that unilaterally serve the interests of the bank and the rights of the customer are ignored. These conditions, known as "imposed conditions", are the subject of this article and it has been tried to identify the meaning and examples of these conditions in Civil banking Partnership agreements and based on jurisprudential and legal principles, the case Be analyzed and evaluated. The results of the present study, which was done by descriptive-analytical method, show that these conditions have been formulated without using the real results of the principle of sovereignty of the will, and in them, no place has been considered for the free will of the facility applicant. In addition, the mentioned conditions have violated the principle of justice and fairness, which is one of the basic principles of jurisprudential rules and the basis of conscience and unauthorized exchange contracts.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    1 (23)
  • Pages: 

    211-228
Measures: 
  • Citations: 

    0
  • Views: 

    243
  • Downloads: 

    0
Abstract: 

The method of profit and loss sharing in the Civil Partnership agreement is one of the existing challenges of the banking system. Article 11 of the Civil Partnership agreement of the Central Bank denotes that, the partner is obliged to pay the expressed interest even if it is not realized. Using a content analysis method, this paper analyzes the relevant jurisprudential views to determine the requirements of the Partnership agreement. Many jurists believe that this type of profit and loss sharing is faced with jurisprudential problems, including opposition to the requirements of the contract. Another group of researchers believe that this type of agreement changes the nature of the Civil Partnership agreement and deprives the traders to the actual uses of the contract,whether stipulated in a Partnership agreement or in an independent agreement,since the conventional wisdom or received opinion of real participation in profits and losses is a prerequisite for a company contract. In their view, since this effect is the result of the creation of a contract, its removal by an implicit condition or a necessary external contract makes it void and useless.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    13
  • Issue: 

    49
  • Pages: 

    337-359
Measures: 
  • Citations: 

    0
  • Views: 

    60
  • Downloads: 

    0
Abstract: 

Efforts were made to design and implement usury-free banking in Iran through the law of usury-free banking operations. One of the ways to deal with usury in this law is the design of Partnership contracts, which include Civil Partnership, legal Partnership, mudarabah, mazarah and masakat. Each of these contracts has certain legal challenges that need to be taken into consideration. The main purpose of this research is to examine the jurisprudence of the Civil Partnership contract and analyze its jurisprudential challenges with the ijtihad method. Also, some of the most important implementation challenges in the country's banking system have also been examined. The results of the research indicate that the most important and basic jurisprudential challenge of this contract is to change the jurisprudential nature of the company contract from a Partnership contract to an exchange contract. In the criticism of the provisions of the contract, 13 jurisprudential problems have been raised, the most important of which are problems such as the customer's voluntary management of the company's property, the obligation to compensate for damages, the obligation to purchase the company by the customer, the responsibility to compensate for the loss caused by legal action, and mortgage before proof of debt. , guaranteeing the trustee and committing to pay possible expenses. The most important implementation challenges are the risk of bad choice, regulatory problems, calendar and valuation of non-cash capital and changing economic conditions and market risk. In this regard, in order to solve the mentioned problems and make optimal use of the capacity of the Partnership contract, it was suggested that in addition to reforming the channels of money entering the bank through amending contracts and training and justifying employees, managers and people, the channels of money entering the banking system should also be separated. This will increase the expertise of banks in certain areas and increase the quality of their work.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    5
  • Issue: 

    1
  • Pages: 

    144-162
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

The issue of guaranteed and imposed conditions in Civil Partnership and mudarabah contracts remains a subject of debate and divergence both in Islamic jurisprudence (fiqh) and in statutory law. Consequently, legal scholars and jurists, relying on various theoretical foundations, have proposed different perspectives to clarify and justify this matter. In addressing the question of how conditions affect these two types of contracts, this study employs a descriptive-analytical method to examine the views of experts and endeavor to analyze and elucidate the principal opinions in this field.To this end, principles such as proportionality in determining the partners’ shares, the dependency of profit on guarantee, and the distinction between mutually agreed conditions and imposed conditions have been utilized as the theoretical framework for analysis. Ultimately, although the Civil Code considers the profit guarantee clause in mudarabah and Civil Partnership contracts to be non-binding, the acceptance of mechanisms such as reconciliation or transfer of rights in favor of the beneficiary party has expanded the scope of validity for imposed conditions.Meanwhile, if the Law on Interest-Free Banking Operations is regarded as the latest legislative intent, it can be interpreted as a specification of Article 575 of the Civil Code, whereby the expected profit is accepted within the context of a particular type of economic activity. In fact, the removal of the phrase “upon realization” from legal texts grants a degree of interpretive discretion to the judiciary; accordingly, a judge may validate guaranteed conditions by considering factors such as the nature of the activity, the expertise of the borrower, and the parties’ agreement on the expected return. Alternatively, if the conditions are found to be imposed, the judge may relieve the obligated party from the effects of such clauses by adjusting the contract.

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Writer: 

ملکی رامین

Issue Info: 
  • Year: 

    1395
  • Volume: 

    2
Measures: 
  • Views: 

    1967
  • Downloads: 

    0
Abstract: 

در طراحی سیستم های آبیاری بارانی ثابت با آبپاش متحرک از نرم افزارهای AutoCad و WaterGems استفاده می شود که به صورت تخصصی جهت انجام این مراحل طراحی نشده اند.از این رو برنامه ای به زبان VBA به نام Sprinkler Irrigation (SI) در محیط Civil 3D نوشته شده که امکان طراحی لایوت لترالها، آرایش شیرهای خودکار، محاسبات هیدرولیکی، تهیه لیست و لایوت اتصالات و گزارش گیری دارد. از قابلیت های مهم این نرم افزار داشتن یک پایگاه داده جهت انتخاب خودکار مشخصات فیزیکی لوله ها براساس محدودیت های سرعت در خطوط اصلی و افت مجاز در خطوط لترال، محاسبه فشار مورد نیاز در ابتدای تمامی لترالها و مشخص کردن مسیر بحرانی است. این نرم افزار قادر به گزارش دهی بر اساس SF، SDR، PE، PN و وزن لوله های کل پروژه می باشد. محاسبات هیدرولیکی یک مزرعه طراحی شده با نرم افزار به مساحت 51.13 هکتار با نرم افزار واترجمز مقایسه گردید که بیشترین درصد قدرمطلق اختلاف فشار در مسیر بحرانی 0.259 درصد بدست آمد.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    15
  • Issue: 

    55
  • Pages: 

    517-536
Measures: 
  • Citations: 

    0
  • Views: 

    34
  • Downloads: 

    0
Abstract: 

Field and Aims: The Partnership contracts are one of the obvious methods for allocating the resources in without usury banking and the purpose of Partnership contract is "contribution contract" in juridical books which the parties by merging each other’, s properties and capitals, agree to cooperate in a specific business and share the profit and loss between themselves in proportion to their portion. However, in practice banks use a category of contracts to decrease the risk of repayment of such loans, increase of profit and avoid from imperative profit rate. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: added some conditions in the contracts of guarantee, settlement of account, donation and etc. in order to reach the fixed rate of profit they expect in exchange contracts in the form of Partnership. Including such conditions in such a contracts lead to substantive exit of contract from common definition of Partnership contract. But the operation of banks in economic analysis of law is nothing except to try to earn profit and avoid loss based on the theory of reasonable behavior in economy. So, it seems the first step to amend this defective cycle is consider the problem of inflation and decrease of value of money as one of the facts in country's economy. The solution is to finance Partnership projects by banking investment funds or it is independent from banks.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    4
  • Issue: 

    2
  • Pages: 

    1-29
Measures: 
  • Citations: 

    0
  • Views: 

    41
  • Downloads: 

    0
Keywords: 
Abstract: 

In recent decades Sino-Afghan relations have been based on Beijing's approach to regional and international developments. The elimination of American troops from Afghanistan and the seizure of Kabul by the Taliban changed China's approach to Afghanistan from different perspectives. The US withdrawal will change the balance of power in Afghanistan and its environs. China's approach to Afghanistan has always been based on security considerations, and now economic considerations have been added to it. China's economic project in Pakistan and Central Asia, along with fears of links between extremist groups in Afghanistan and neighboring Uighurs, is one of China's top security concerns. The Taliban's presence in power and the US withdrawal from Afghanistan have changed the pattern of relations from expected indifference to strategic Partnership. Components such as environmental uncertainty and strategic compliance paved the way for China to adopt this model. In this context, the present study will examine why China's approach to Afghanistan changes from expected indifference to strategic Partnership and will try to provide a clear picture of developments by mentioning China's role in Afghanistan.Examining China-Afghanistan relations in the past decades proves that China's distance and proximity to Afghanistan depended on China's internal restrictions, regional and international developments, China's competition with other actors and dealing with extremist threats. In this regard, we can mention China's secret assistance to arm the Mujahedeen in 1980 during the seizure of Afghanistan by the Soviet forces . Therefore, the statement of relations based on the assessment of the needs of two actors has no place for Arabs here. The official relations between China and Afghanistan began in the 1950s with the recognition of China by Afghanistan. China's approach to Afghanistan has always been economic with an emphasis on security considerations. In the past decades, security considerations have always been the first priority in the eyes of the Chinese authorities towards Afghanistan, which include the seizure of Afghanistan by the Soviet Union, the Civil war in Afghanistan, the dominance of the Taliban and finally the presence of American forces. As a great power that is consolidating its hegemony in its surrounding environment, China definitely evaluates every impulse and the presence of competing actors in the region from the perspective of its competition with that actor. The presence of the Soviet Union and the United States in Afghanistan in the past decades can be examined from this point of view.In this regard, we can mention China's cooperation and lack of cooperation with the United States in Afghanistan. In the 1980s and with the attack of the Soviet forces on Afghanistan, China stood by the United States and against the Soviet Union, and after the attack of the Western coalition led by the United States on Afghanistan in September 2001, it refused military and security cooperation with these forces and distanced itself from the efforts of foreign actors presented in Afghanistan. For political reconciliation and reconstruction, Afghanistan kept as far away as possible and avoided accepting the title of the West's partner in the reconstruction of Afghanistan (Huasheng, 2012), while the coalition forces were fighting the Taliban threatening China's strategic interests, Beijing exploration projects  began monitoring Afghanistan's underground resources, and this action faced serious criticism from the United States and even Russia .The withdrawal of American forces from Afghanistan has serious consequences on regional equations in South and Central Asia; Therefore, all regional actors are trying to closely monitor the developments and present multiple scenarios to minimize possible security and political costs. Any change in the arrangement of forces in Afghanistan definitely affects the current and future interests and goals of regional actors. China, as a neighboring country of Afghanistan and one of the most important players in the economic war with America, is definitely closely monitoring the developments in Afghanistan. From China's point of view, everything that provides the ground for terrorism and international extremism on the edge of its territorial borders and around its economic super project will be specially monitored. From this point of view, the developments in Afghanistan have both components.Despite Beijing's previous approaches to the developments in Afghanistan, the withdrawal of American forces from this country has caused China to worry due to the change in the nature of threats. Since 2016, with increasing speculations about the withdrawal of American forces from Afghanistan and the creation of a security evacuation in this country, Beijing, like other neighboring countries of Afghanistan, initiated the project of securing its border lines with Afghanistan . China has detailed plans for Afghanistan without foreign military forces for several reasons: 1. Afghanistan is one of the focal points in the One Belt One Road project; 2. There are religious extremists on both sides of the border lines between Afghanistan and China, and China is worried about the connection between the Uyghurs with ISIS and the Taliban in Afghanistan; 3. To expand its political influence in the region, China should expand its influence to the remaining regions such as Afghanistan and advance its security and political goals through an economic lens; 4. Beijing expects American material and moral support for Chinese Muslim protesters in the west of this country, and from this point of view, the withdrawal of American troops from Afghanistan despite the ongoing crisis in this country has aroused China's suspicion.As mentioned, China, as one of Afghanistan's neighboring countries, has chosen a "wait and wait" approach to Afghanistan's developments in the last twenty years; But since 2016, with the withdrawal of American forces, China has changed its policy of conscious and considered indifference towards Afghanistan and put a cooperative and step-by-step approach on the agenda. Strategic Partnership is a new model of relations between governments that has entered international relations literature from the beginning of the 21st century. Based on the changing pattern of China's cooperation with Afghanistan, the current research tries to present a picture of the actions of foreign actors in the neighboring environment of the Islamic Republic of Iran, in order to provide the basis for other researches in this field. Therefore, in this research, by introducing the model of strategic Partnership and explaining it, it will deal with the application of two economic and political components separately on the two variables of China's attitude and actions towards Afghanistan, and finally, the conclusion section and providing strategic recommendations for Iranian policy makers.

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