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Author(s): 

Shahande Amene

Issue Info: 
  • Year: 

    2024
  • Volume: 

    23
  • Issue: 

    1
  • Pages: 

    275-295
Measures: 
  • Citations: 

    0
  • Views: 

    13
  • Downloads: 

    0
Abstract: 

As the primary scholarly reference for Western researchers delving into the Quran, ISLAMic studies, and the lives of prophets and imams, the Encyclopaedia of ISLAM is invaluable. Nonetheless, a thorough evaluation of the articles and research contained within is essential to determining their credibility and scholarly consistency. Studying and examining the works of Orientalists about the Qur'an, ISLAMic sciences, and teachings is an undeniable thing for Muslims. Considering the position of Imam Ali (AS) as the first Imam of the Shias and his superior position in the beliefs of the Shias, orientalists have studied various aspects of his life in their studies and have presented two completely different points of view: A positive and optimistic perspective resulting from Western scholars' study of authoritative texts that explains and praises His scientific approach to interpretation, law, politics, jurisprudence, rhetoric, and more. The negative perspective resulting from a biased viewpoint and the failure to utilise authentic Muslim sources ultimately leading to skeptical opinions regarding the exalted character of Imam Ali (AS). The majority of the articles in this book stem from the intellectual efforts of Western researchers, but regrettably, their lack of access to reference sources has resulted in serious errors. In this research, using the library method through an analytical and critical approach, we will examine the work of Robert Gleave, an impartial and positive orientalist, about Imam Ali (AS) and then examine and criticize the doubts raised by him. In conclusion, the results of the research indicated that Orientalists' lack of access to authentic ISLAMic sources, coupled with their prejudice and partiality, led to their inability to correctly introduce this Imam to Western society.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    -
  • Issue: 

    73
  • Pages: 

    119-140
Measures: 
  • Citations: 

    1
  • Views: 

    4142
  • Downloads: 

    0
Abstract: 

Introduction: In recent decades, growth and development of tourism and adoption of that as one of the main economic activities in developed and developing countries and competition of main destinations in order to attract tourists have caused the planners to increase the income of tourism activities.Tourism has become an important economic source for planners and authorities in the field of tourism planning. It is one of the sources of competition in terms of investments, priority of goals, spatial organization of tourist spaces and establishing suitable commercial structure for tourist activities.At the outset of the 21st century, tourism will be an indispensable reality in the behavior and conduct of man to gratify his curious soul, given the established technological, cultural, political, social and economic structures. Visiting other places either in reality or through virtual technology for different purposes will be among the requirements of the 21st century, giving shape to a movement which has made national and international borders irrelevant and gone beyond the state and the nation. As a major component of post-structuralism economic theory, tourism is virtually bringing about deconstructive ideas in all areas Therefore; many countries see tourism as a necessity and seek to utilize all their potentials and resources to achieve their interests and benefits. Recently, visitors are increasingly paying attention to Tourist spaces. The important activity in planning and development of tourist activities is their gathering and assembly of LAWS and regulations in shield of Tourists and making security for them is essential.The law has much rich potential for tourism and tourists which play key roles in their development. Tourism nowadays is used as an important business enterprise, which calls for an assessment of the competing market, defining and setting objectives and judging among various options for investment, establishment and use of proper structure for commercializing urban tourist products. Proper decision making and collecting suitable LAWS and regulations for international tourists should include all factors that affect decision making so that the best option is chosen. Primary actions in the field of tourism began after the industrial revolution, whereas Iran with its strong background in tourism initiated tourism regularly and legally since 1937.Nowadays the discussion of legality dimension of tourism has the most important role in the world countries political geography.Methodology: This study makes use of the qualitative method hermeneutic method as usual. This choice has been made considering its advantages over other methods. Moreover we focus on historical and strong documents in tourism LAWS in Iran and afterward we have cooperated with and interviewed some organizations that are law makers and provide facilities and have participated in tourism development.Results and discussion: Based on the above explanation, the purpose of this article is the Status of International tourists LAWS in view and thought of the Religion of ISLAM and ISLAMic republic of Iran LAWS and regulations The important thing for law maker-based development and tourism planning is to pay attention to the needs and demands of international tourist with the approach to host communities’ necessities and needs. This is more important to be considered that law makers in Iran, in the field of tourism are faced with both ISLAMic identity and ancient identity for making LAWS in the country of Iran. In this study we try to examine the two dimension of Iran LAWS and regulations and view and thought of the religion of ISLAM to International tourist and tourism.Conclusion: In our Conclusion: in Iran we have not defined specific definition from tourists LAWS and summing up in ISLAMic thought , although it is verdant, it is not adapted with today’s global situation change. So at this time of the millennium, we should establish a framework for tourists’ law with approach to the cultural habitat. Tourism development and making benefit for our society need strong and flexible criteria such as institutional, legal and geographical ones, which have to be taken into account so that decisions can be made with regard to sustainability. In this connection, to codify necessary LAWS for tourists and maintaining the content of tourists and increasing efficiency of the industry, paying attention to international rules and regulations, human rights and conventions between governments is vital. Therefore, ignoring these variables, depose Iran’s tourism industry rules and regulations in an appropriate position and this has caused our country, which is among the highly potential tourism countries for competition in the international arena, to gain little income from this economic activity.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    5
  • Issue: 

    4 (18)
  • Pages: 

    27-56
Measures: 
  • Citations: 

    0
  • Views: 

    418
  • Downloads: 

    0
Abstract: 

Protecting the prosperity of merchants is a sort of support for a country's economy and this protection is of more significance when a trader is engaged in trading in a rented place, because the accumulation of defending the tenant's prosperity and landlord absolute ownership is challenging. In Iranian law, unlike France, the prosperity of a tenant is not protected independently and only a tenant who has the right to acquire or establish goodwill can redeem his business boom, and the prosperity of the tenants who lack the right to own or establish goodwill, even by having a good reputation, is not protected. But in French law, business prosperity is a property that can be bought, sold, rented, and mortgaged. This article seeks to prove that the basis of legal protection of rights such as the right to advance the business prosperity has existed in ISLAMic law before law of the west. Through a descriptive and interpretive method, it is attempted that while describing the procedure of protecting the prosperity of the tenant in Iranian and French LAWS and explaining the necessity of protecting this financial right in ISLAMic jurisprudence, the theory based on which it is possible to protect the prosperity of the tenant independently be presented; a theory in accordance with which if the landlord or the new tenant benefits from the former tenant’ s business prosperity, the former tenant is entitled to demand recompense for his financial right.

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Author(s): 

VAZIRI MAJID | HAMISI A.R.

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    38
  • Issue: 

    2
  • Pages: 

    363-380
Measures: 
  • Citations: 

    0
  • Views: 

    1109
  • Downloads: 

    0
Abstract: 

Supreme jurists have focused on sixth verse of sura TOBEH to legitimize refuge in ISLAM and assigned it to unbelievers. However, deliberating on other verses of holy Quran, traditions and juristically regulations we can justify new issues which haven't mentioned by supreme jurists. Referring to the juridical books and various interpretations of holy Quran to develop the concept of refuge this essay tried to indicate bases of refuges legitimation in ISLAM and its similar bases of refuge in written LAWS underlining new issues related to this mater and clarifying this issue. In this research, that is unprecedented in this respect, twelve fundamental, Juridical bases of refuge and similar bases in written LAWS have been cited.

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Journal: 

Comparative Theology

Issue Info: 
  • Year: 

    2013
  • Volume: 

    4
  • Issue: 

    9
  • Pages: 

    41-54
Measures: 
  • Citations: 

    0
  • Views: 

    1467
  • Downloads: 

    626
Keywords: 
Abstract: 

In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and ISLAM are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the “Abraham religions”. All three of them have Semitic origins; therefore they are called the “Semitic religions”.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    14
  • Issue: 

    51
  • Pages: 

    169-190
Measures: 
  • Citations: 

    0
  • Views: 

    1044
  • Downloads: 

    0
Abstract: 

The principle of penal economy is one of the most fundamental principles in the field of criminal law that eliminates the difficulties and complexities of criminal law as one of the constraints on the rights and freedoms of citizens with a slight degree of consolation and consistency. In fact, this principle seeks to delimit the scope of the criminal law intervention in the area of citizen rights and freedoms. The commitment to the principle of criminal economy not only provides for the optimal use of criminal law in its proper place, but also at the same time provides grounds for the attention of the criminal policy of ISLAM to the use of social-legal instruments and institutions. The rule of the shamefulness of punishment without notice of law, the rule of interpretation in favor of defendant in the face of doubt, the principle of precaution in cases involving life, reputation, sexual chastity and property, the principle of narrow interpretation, the principle of the obligation of judge to be strict at the stage of proof of the crime and the principle and foundation of hudud on tolerance and mitigation in the implementation of penalties, the principle of tolerance, the principle of legitimacy of the expediency in determining the punishment, and the principle of non-authority justify the establishment of such a principal. Without doubt, the application of this principle in the process of punishment will result in a non-inflaming criminal system and, moreover, it can pave the way for the realization of criminal justice.

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Author(s): 

Haack Susan

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    29-35
Measures: 
  • Citations: 

    0
  • Views: 

    108
  • Downloads: 

    22
Abstract: 

The method of metaphysics: Metaphysics is empirical but depends not, like the sciences, on recondite experience but on close attention to aspects of everyday experience we ordinarily scarcely notice. "Real" is a broader concept than "exists" (which applies only to particulars) and also applies to phenomena, kinds, and LAWS, which are real, but not, of course, existent entities. But "there are real kinds, LAWS, etc." doesn't imply that all the kinds and LAWS we believe are real, are. I call my approach "Innocent Realism" because--though it's certainly not naive--it requires attending to experience, so far as possible, without substantial preconceptions. There is one real world, enormously varied but also integrated. It includes physical stuff, kinds, LAWS, etc. and, here on earth, a vast array of human artifacts, physical, social, intellectual, and imaginative, all intimately interconnected. All this requires human mindedness (a better word than "mind" because it doesn't suggest that human mentality is an organ like the heart or the liver). Rather, it's a complex congeries of dispositions and abilities: to understand even such a relatively simple thing as what's involved in someone's believing something, we need to take account of the person's dispositions to behavior, verbal and otherwise; to the neurophysiological realizations of these dispositions; and to their connections to the world and to words in the person's linguistic community--this last requiring other people's words-world connection. "Virtual" reality is just one more computer artifact, clever, no doubt, but not metaphysically startling. It's oversold, but this is advertising hype, not serious metaphysics.

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Author(s): 

Mansouri Gholamreza

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    175-190
Measures: 
  • Citations: 

    0
  • Views: 

    186
  • Downloads: 

    22
Abstract: 

In some point of view, neither Michel Foucault nor Ibn Khaldun are considered philosophers in the conventional classifications, but both are very  important in intellectual and, of course, in philosophical contexts, especially for those who are interested in the deep study of human life from the perspective of political thought.The main concern of two thinkers, one in the 14th century, the other in the 20th century, is the issue  of power, although neither of them provided a precise definition of it. In this article, an attempt has been made to show the place of power and domination in the political thought of both thinkers by examining the thoughts of two thinkers. And in search of an answer to this question, how did Asabiyyah and industry of religion in Ibn Khaldun's thought and social control through self-technology and discipline in Foucault's thought lead to the expansion of the domination of power? This article is written by analytically comparing the opinions of two thinkers based on Ibn Khaldun's most important book called Muqaddimah and Foucault's late works

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Journal: 

Quranic Doctrines

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    121-151
Measures: 
  • Citations: 

    0
  • Views: 

    137
  • Downloads: 

    9
Abstract: 

One of the most frequent rules in various areas of demonstrative jurisprudence of Two Major Sects of ISLAM religion is a rule that is known among Shīʿa as “tolerance in the evidence of traditions” (Arabic: التسامح فی أدلّة السنن) and in Sunnī as “latitudinarianism in documents” (Arabic: التساهل فی أسانید). Believers in the general application of this rule have based it for reasons such as consensus (Arabic: إجماع), tradition famous through practice (Arabic: الشهرة العملیّة), and rational judgement (intellectual judgement) and a group of aḥādīth (Arabic: أحادیث, plural form for ḥadīth, literally “talk” or “discourse”) called “Akhbar-e- Man Balagh” (Arabic: أخبار من بلغ). The understanding of the aforementioned narrations and the extent of application of this rule has caused a conflict of opinions among scholars. The narrations containing the excellences of suras of the Holy Book of Quran is one of the fields of application of the rule of tolerance. The present research has explained the types of exposure to this group of narrations based on the rule of tolerance by using descriptive-exploratory method and using library sources and seeks to find a suitable approach about narrations of the excellences of suras (chapters) of the Holy Book of Quran. The interaction with these narrations is organized based on a special reading of the rule of tolerance in the selected approach, which is based on a rational interpretation of the contents of Man-Balagh (Arabic: من بلغ)’s narrations and is compatible with the indications of some verses and traditions. The use of weak narrations containing the excellences of suras (chapters) will be permissible based on this approach considering three conditions and without any certainty of attributing these narrations to Sharʿ (ISLAMic rules).

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Author(s): 

Qasemi Firouzabadi Narges | Rahimi Sayyidah Vahideh | Rahman Setayesh Muhammad Kazem

Journal: 

Quranic Doctrines

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    239-268
Measures: 
  • Citations: 

    0
  • Views: 

    170
  • Downloads: 

    17
Abstract: 

How to profoundly change the beliefs of the polytheists during the age of revelation from the denial of the Prophet (pbuh) to the certainty of his Message and the acceptance of his full guardianship is a question worthy of attention. The order of verses about prophecy based on the order of revelation is the reason to lead a transformative process and a special Quranic method in institutionalizing the belief of prophecy in the lives of Arabs. In the first stage, the Holy Quran in the first Makkī (Arabic: المکّیّ, suras revealed in Mecca) chapters has prepared the community from the motivational side to accept the truth of the Prophet’s (pbuh) prophecy and briefly stating the key issues surrounding it. The Holy Book of Quran at the time of the emergence of oppositions and doubts (the second stage) destroyed the arguments of the polytheists and explained the prophecy and proved its authenticity from a cognitive perspective in the second stage by presenting clear arguments. and the Holy Book of Quran in the third stage after Madanī (Arabic: المدنیّ, suras revealed in Medina) period has undertaken measures in order to fulfill the goals of the Massage by explaining the true position of the Prophet (pbuh) to deepen and operationalize the Prophetic belief through explaining practical duties for the Prophet (pbuh) and behavior based on the acceptance of Walaya (Arabic: ولایة, meaning “guardianship” or “governance”).

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