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Issue Info: 
  • Year: 

    1391
  • Volume: 

    52
Measures: 
  • Views: 

    240
  • Downloads: 

    0
Keywords: 
Abstract: 

لطفا برای مشاهده چکیده به متن کامل (PDF) مراجعه فرمایید.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    25
  • Issue: 

    92
  • Pages: 

    153-177
Measures: 
  • Citations: 

    0
  • Views: 

    190
  • Downloads: 

    0
Abstract: 

The fate of criminal proceedings is predestined under the framework of a juridical decision. Without any reason the criminal proceedings can be viewed as authorized and legitimate. Any juridical decision should be documented and well-founded and in other words should be justified. The center of gravity and concentration in the criminal proceedings is the exact juridical decisions and its foundations should be justified and should always follow a reason. Without bringing reason the juridical decision lacks legitimacy and it disrupts the criminal justice. The end and purpose of criminal proceedings should be a decision that has the legitimacy and acceptability which are earned legally and proving the justifiability of it is up to the juridical authority. Justifiability of a juridical decision guarantees the mutual rights in a case, the prevention of the arbitrary of juridical authorities, judicial security and preventing the abolition in judgments. In this study besides declaring the Philosophy-Morality and Sociology-psychology foundations to force Judge to Justifiability of a juridical decision

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Author(s): 

MASOUMINIA GH.A.

Issue Info: 
  • Year: 

    2007
  • Volume: 

    3
  • Issue: 

    6
  • Pages: 

    153-188
Measures: 
  • Citations: 

    2
  • Views: 

    5141
  • Downloads: 

    0
Abstract: 

Financial derivative instruments, which are created by financial experts, play an important role in the world of high finance. To deal with the risk, mainly price risk, these instruments have appeared and begun to change and promote day in, day out. Their importance may appear when it happens to them to be published more than base stock; great sum of money would be transferred by and ends by paying the difference in price, not caring for contents of contract. This research paper tends to have a juridical analyse over these instruments. Explaining these instruments, first their legal nature would be identified and then, juridical judgment would be inferred. Most of the instruments which are created to satisfy the requirements of economic agents can be revised by law. May be, these instruments are misused, but this is incidental, as it may happen about other legitimate instruments like principle of commerce.

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Author(s): 

AHMADI AHMAD | SOTOODE HAMID

Journal: 

MEDICAL FIGH

Issue Info: 
  • Year: 

    2012
  • Volume: 

    3-4
  • Issue: 

    9-10
  • Pages: 

    101-130
Measures: 
  • Citations: 

    0
  • Views: 

    3604
  • Downloads: 

    0
Abstract: 

Today dissection is payed attention in forensic medicine and criminal researches laboratories in order to prove scientifically crimes and persons’ identification. However prohibition of dead dissection in Islamic Jurisprudence based on evidences such as prohibition of crimes to dead, its violation and necessity of dead burial and its organs is in contrast to the obligations resulted from dissection. So illumination the base of dissection permit and its limits is important in order to remove this contrast for the reason of the link between forensic medicine organization regulations and Iranian Acts in its orientation to the jurisprudence.

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Journal: 

ISLAMIC LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    62
  • Pages: 

    -
Measures: 
  • Citations: 

    0
  • Views: 

    102
  • Downloads: 

    0
Abstract: 

This research studies the legal nature of the bank guarantee by library research method. This research aims to answer the main question as to what the nature of the bank guarantee is and how this nature affects jurisprudential rulings. The effect of the features the bank guarantee in Uniform Customs and Practice for Documentary Credits and bank guarantees (UCP 600) and (URDG 758), like independence from the basic contract and genuineness of the documents characterized by a jurisprudential nature and its special jurisprudential nature are investigated in this study. The hypothesis of this research is the interpretation of the legal nature of the bank guarantee in the form of a non-binding guarantee. According to the hypothesis of non-conforming after the bankruptcy of the bank, the beneficiaries are not considered part of the bank. The application of the bank guarantee to the warranty contract is faced with the problem of a guarantee which has not yet been established and proven. The legal nature of the bank's fees in the guarantee is a substitute in the contract, and the rent do not apply to it. The legal nature of the bank's fees in the guarantee is a substitute in the contract, and the rent and ju'alah (commitment in granting a determined reward) do not apply to it. The bank referring to the pledging individual, in case the agreement is implemented, will be in accordance with the terms, otherwise it will be on the basis of the guarantee.

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Author(s): 

FAKHLAIEE M.T.

Issue Info: 
  • Year: 

    2001
  • Volume: 

    -
  • Issue: 

    49-50
  • Pages: 

    347-394
Measures: 
  • Citations: 

    0
  • Views: 

    255
  • Downloads: 

    0
Abstract: 

As the first and major source of the sharī"ah, the Holy Qurān has been the reference book of Muslims since it was first revealed. Juridical interpretation has been one of the oldest and the most useful approaches to the Qurān, one through which juridical rules are derived from among juridical verses. The development of juridical interpretation is dealt with in this article, beginning with the history of juridical interpretation in the early years of Islam, at the time of the Prophet"s Companions, followed by an analysis of the role of the Imāms in clarifying the sharī"ah and jurisprudence. Then, the development ofjuridical interpretation during the era of the compilation of the Qurān is paid attention to. Major works on juridical verses from the Shi"ite and Sunni scholars are also listed, along with their major distinctive features.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    8
  • Issue: 

    26
  • Pages: 

    93-126
Measures: 
  • Citations: 

    0
  • Views: 

    1339
  • Downloads: 

    0
Abstract: 

After many years from Islam appearance and existence of different ideas and also different jurisprudence, Shiite jurisprudence has more prominent role in so far as friend and enemy confess it. Epidemic program of Islam for social life is the symbol of universality. Hence the role of jurisprudence in society management, one of the more important programs is to discipline in the society, is very important. Jurists express its programs and methods too. Nowadays, one of the current crimes is subversion which can remove discipline and security of society and finally change the government. In this research we explain subversion and the status of Shiite jurisprudence and Sunni viewpoint about it too.

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Author(s): 

KHAZAEI MAJID

Issue Info: 
  • Year: 

    2011
  • Volume: 

    1
  • Issue: 

    4
  • Pages: 

    75-91
Measures: 
  • Citations: 

    0
  • Views: 

    1299
  • Downloads: 

    0
Abstract: 

Delay fine is very popular in Iran's banking system while some religious authorities have mentioned it to be a case of unlawful profit and have emphasized on eradicating it. Simple and easy consideration of religious decrees and sticking into one way of dealing with this issue at different times and under different circumstances is some son of caducity which will result in lack of flexibility for facing different situations and will lead to petrification. The present article studies different types of unlawful profit while comparing and contrasting with the profits of the banking system.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    3
  • Issue: 

    4 (34)
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    1253
  • Downloads: 

    0
Abstract: 

Ritual training is part of the religious education which is aimed at making the children aware of their religious duties and committed to performing them. According to Quranic verses and Islamic Narratives, training the children to say prayer and fast from the early childhood is a necessary task of parents. But what this study concerns is to know who is responsible for practicing this task, at what age it should be done, and what sort of jurisprudential verdict it requires. This article using methodology of jurisprudence seeks to answer these questions. To do so, a set of verses and Hadiths were classified into two categories of general and specific proofs and then the above mentioned questions were posed and the answers were inferred from the proofs. Based on these Quranic and narrative proofs, training children and their encouragement to perform religious rituals like fasting is one of the religious duties of parents and has been greatly emphasized as an either obligatory or recommended task by Islamic lawmakers. Some of the Islamic traditions have made clear that the starting point from which both boys and girls should be trained for doing religious rituals is the age of nine.

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Journal: 

LEGAL RESEARCH

Issue Info: 
  • Year: 

    2012
  • Volume: 

    -
  • Issue: 

    57
  • Pages: 

    385-406
Measures: 
  • Citations: 

    1
  • Views: 

    1173
  • Downloads: 

    0
Abstract: 

Financial markets play in important role in developing the economic grounds of countries and in recent years, innovation in such markets has seen an outstanding growth. One such innovation of great importance is great importance is “derived tools” that vary day by day. One of such tools is the “future contract”. A “future contract” is a legal and binding agreement between two parties (seller and buyer) which is based on buying or selling a goods or a definite financial tool for a certain time in the future by drawing attention to a definite agreed price in day of conclusion of contract.as the debate of entry over the such contracts into irans stock market is beginning, some lawyers and jurists believe that such contract are void because, in their opinion future contract represent a kind of “kaly-to-kaly-sale” finally based on the consensus of jurists, we can state that this contract is both void and incompatible whit the legal principles of country.this article tries to explain and clarify these contracts, posing legal and juridical debates regarding these contracts, affirming the trueness of such contracts whether tram the viewpoint of law or jurisprudence.

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