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Author(s): 

MOHAMMADI JURKUYE ALI

Journal: 

ISLAMIC LAW

Issue Info: 
  • Year: 

    2015
  • Volume: 

    12
  • Issue: 

    44
  • Pages: 

    7-29
Measures: 
  • Citations: 

    0
  • Views: 

    2138
  • Downloads: 

    0
Abstract: 

When an intentional crime against physical integrity is at issue، the question arises as to whether the right to Qisas (nemesis) is a determinate right for the victim or his/her family or they have also a right to Diyah (blood money) and the option to choose one of them according to the Iran Islamic Penal Code and what Fiqh arguments are available for the issue. After the Islamic Revolution، legislator generally followed the popular view of Imami Fiqh scholars i.e. the right to Qisas (nemesis) is a determinate right for the victim or his/her family and the right to Diyah (blood money) is not a right alongside the right to Qisas (nemesis) although it is permitted on the basis of the criminal's consent. But when the enforcement of the right to Qisas (nemesis) is conditioned to the payment of surplus of the Diyah (blood money) like Qisas of a man for a woman, the legislator has not had a fixed position. This article is trying to determine the determinacy or Optionality of the right to Qisas and the evolution of legislative policy with an approach to the Fiqh scholars' opinions and their evidence.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    9
  • Issue: 

    25
  • Pages: 

    191-216
Measures: 
  • Citations: 

    0
  • Views: 

    603
  • Downloads: 

    0
Abstract: 

The present paper examines a phenomenon by means of which the main verb in yes-no questions in the spoken form of Persian can either optionally move to the front of the sentence or remain in-situ, intending to yield an interrogative interpretation. However, as the latest approaches to the study of the linguistic systems do not opt for Optionality, the issue of the Optionality of verb movement in such structures, which seems to be an unfortunate drawback, should be settled down in some way or another. More specifically, considering the theoretical framework of the paper, which is the feature checking mechanism within the Minimalist Program (Chomsky, 1981; 1982; 1993; 1995; 2000; 2001a-b), the Optionality of verb-preposing in yes-no questions entails a contradiction in terms of the two-valued feature strength in the feature checking theory. A feature should be either [+ value] or [-value], and there is no in-between feature value. That is, a syntactic feature is either strong or weak, making the constituent it is associated with either move or remain in situ. Consequently, the optional movement of an element in syntax cannot be analyzed as having a strong and a weak feature simultaneously. To do away with this inconsistency regarding verb-preposing in yes-no questions in Persian, this paper proposes an alternative approach relying on the notion of Extended Projection Principle ([EPP]) feature. The EPP is considered by Chomsky (2000, 2000a) as a feature optionally assigned to the head of a syntactic phrase, providing the necessary impetus for the overt movement of such a projection or the constituent thereof. In fact, the EPP feature is taken to be a syntactic mechanism or a strong syntactic feature which induces the overt movement of a constituent to satisfy certain semantic and functional requirements. Turning to the Persian data, the adopted approach in this article considers checking the strong EPP-feature on the head of the focus phrase (FocP) as the trigger for verb-preposing in such constructions. In this approach, the difference between the verb fronting in yes-no questions, on the one hand, and its remaining in-situ, on the other hand, reduces to the optional selection of the EPP-feature from the lexicon by the head of the FocP. In the former case, after the verb has checked the strong EPP-feature on the head of FocP through movement to the Foco, it fails to move on to the head of CP due to the presence of the complementizer “ ke” (that) on the Co. Subsequently, the [-Q] feature on the Co is matched with the [+Q] feature of the verb through agree, hence checking the [-Q] feature of the Co. In the latter case, on the contrary, the [-Q] feature on the Co is checked against the [+Q] feature on the verb through agree only, with no movement involved.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    247-268
Measures: 
  • Citations: 

    0
  • Views: 

    102
  • Downloads: 

    46
Abstract: 

The study investigated the acquisition of empty categories in the English complex infinitival structures. A quasi-experimental design was used in which four groups of Persian learners of English (elementary, lower intermediate, upper intermediate and advanced) via convenient sampling were selected and assigned into different proficiency levels using Oxford Quick Placement Test. Then, the groups were given three tasks, a translation task, a picture-cued sentence completion task, and an error-correction task to see whether they learn the feature of nonfiniteness which is absent in Persian and if so, at what level Persian speakers learn English null categories. The study specifically tries to find whether Optionality in the use of clitics in null operator structures appear in developing English interlanguage of Persian second language learners. As the findings of the study revealed, it seems that, after a short period of L1 transfer, Persian learners of English learn nonfiniteness quite rapidly while clitic Optionality in null operator structures is observed in their performance, however, as their level increases, the this Optionality in the use of pronominal clitics fades away.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    -
  • Issue: 

    60
  • Pages: 

    357-380
Measures: 
  • Citations: 

    0
  • Views: 

    376
  • Downloads: 

    0
Abstract: 

Today, referring to arbitration is a common practice in commercial dispute resolution. One of the conditions incorporated into arbitration agreements is a condition called unilateral, one-sided, optional, asymmetrical and hybrid arbitration clause. The purpose of such a condition is to make both arbitration and judicial proceedings available to the parties so that they can choose the one which best meets their benefits and has more guarantees to enforce a judgment against the other party’ s assets. A review of case law in different jurisdictions reveals significant disagreement among courts. While a number of courts have declared such conditions to be either invalid or of essential deficiency, other courts, respecting the parties’ agreement, have treated them as valid and enforceable. Accordingly, in this article, in addition to a review of the reasons for invalidity of these conditions, a theory is studied which considers these conditions valid unless inconsistent with public order, commutative justice, equity or mutuality of obligations. Of course, each of these reasons, in accordance with the applicable law governing the contract will prevent the validity of these clauses.

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Author(s): 

RAHIMI M. | YOUHANAEI M.

Issue Info: 
  • Year: 

    2007
  • Volume: 

    10
  • Issue: 

    2
  • Pages: 

    167-189
Measures: 
  • Citations: 

    0
  • Views: 

    275
  • Downloads: 

    90
Abstract: 

This study draws on two different but commensurable research areas in second language acquisition: First, the recent development accounting for the Optionality and variability of L2 learners in the use of inflectional morphology of verbs (Surface Form deficit Hypothesis, Failed Functional Feature hypothesis) and also another recent development claiming that by focus on form instruction in context, the attention resources of L2 learners can be directed to the problematic linguistic elements and thus make these linguistic elements more likely to be acquired. As indicated, in the first research area the attempt is to locate the source of this variability while, in the second research area, the attempt is to reduce the variable divergent forms. The findings showed that positive evidence alone was not enough for the targeted linguistic forms to be acquired. Neither were different types of FonF effective enough to create significant and lasting changes in the performance of the learners.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    4
  • Issue: 

    2
  • Pages: 

    1-20
Measures: 
  • Citations: 

    0
  • Views: 

    1613
  • Downloads: 

    0
Abstract: 

Object indexation is a grammatical phenomenon in which a clitic pronoun, co-referential with the free nominal object, appends to the verb. Optionality of indexation in Persian leads us to consider the role of pragmatic and discoursal factors such as definiteness, specificity, and identifiability in its occurence. The present study aimed at investigating the influence of definiteness hierarchy on direct object indexation in Persian. In order to have a relatively full picture of this process, we examined 455 cases of indexation in colloquial Persian. The high frequency of definite direct object indexation confirms the role of definiteness. Interestingly, in more than 90 percent of the cases the object is definite and just about 3 percent of the cases are indefinite nonspecific ones. More accurate investigations in the framework of Role and Reference Grammar show that only cognitively identifiable objects can be indexed. Hence, the basic requirement in direct object indexation in Persian is identifiability of its referent. Consequently, there is a convincing explanation for indexation of a few nonspecific objects in this language. The last point that merits consideration is the fact that all indexed objects, regardless of being definite or indefinite, go together with "Ra". Accordingly, "Ra" cannot be considered as definite or specific marker.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    7-35
Measures: 
  • Citations: 

    0
  • Views: 

    782
  • Downloads: 

    0
Abstract: 

Most jurists believe that the wife upon marriage, is the owner of dowry and she is allowed to seal all types of dispossession. But sometimes the wife doesn’t receive her dowry; now the problem is that whether she is allowed any possession when she has not obtained her dowry? This problem has been proposed in juridical books, and the issue led to the assumption of some jurists citing reasons to her unjustifiability of possessions. This investigation has been done for the purpose of clarifying and reviewing the mentioned issue. The authors of the study, using descriptive and analyzing methods, and research on the terms used by jurists and their reasons and after categorizing all kinds of wife possessions in dowry, found the generalizations of this claim unwarranted and only in “EYNI” contracts that one of the sides of contract is not the husband, that the wife is allowed to take the dowry. But in wife’s absolute possessions to husband as well as non- “EYNI contracts” in relation to the person which is not her husband, taking dowry has no role and her possession is allowed. The reasons for this issue are initial regulations and general reasons for Optionality of owner possession in her/his assets and specialist out of the failure to receive a dowry from reasons of interdiction of owner from possession before taking that asset.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    5
  • Issue: 

    2
  • Pages: 

    89-108
Measures: 
  • Citations: 

    0
  • Views: 

    594
  • Downloads: 

    0
Abstract: 

In this paper, we investigate the syntactic role of numeral classifiers inside the DPs of Kalhori Kurdish as a classifier language. As a complement of the numeral head, classifiers are used with countable nouns, so that its functional projection (CLP) is placed below weak quantifier phrase (WQP) and above number phrase (NumP). To describe the function of this element, we first represent the models of Chierchia (1998), Borer (2005) and Gebhardt (2009) as the three dominant models in this regard and through the description of Kalhori Kurdish numeral classifiers, we also examine these models adequacy across these new data. According to chierchia’s model, in classifier languages, the denotation of nouns is uniformly mass. Consequently, because of the absence of plurals, a classifier is needed to individuate masses into individuals. mass/count distinction of nouns and plural morphology in Kurdish and Optionality of classifiers prove that Chierchia’s idea is not applicable to Kurdish data. Borer (2005) refers to the general complementary distribution between numeral classifiers and number morphology and believes that the role of both number morphology and classifiers is to individuate nouns. Because of the simultaneous presence of classifiers and plural morphemes in the same DP in the language under study, the efficacy of this model is also rejected in describing the data of this language. At last, following Gebhardt’s feature-based model, we consider that the numeral classifiers have some features such as [abs q] and [indiv] and plural morphemes have the more specific [group] feature, in addition to specifying the classifiers function, using these features, we are able to describe their distribution inside Kurdish DPs as well.

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Author(s): 

JAM BASHIR

Issue Info: 
  • Year: 

    2019
  • Volume: 

    11
  • Issue: 

    31
  • Pages: 

    201-221
Measures: 
  • Citations: 

    0
  • Views: 

    583
  • Downloads: 

    0
Abstract: 

1-Introduction Standard Persian is the major accent spoken in the capital city of Tehran while Esfahani accent is spoken in Esfahan, the third largest city in Iran after Tehran and Mashhad, which was once one of the largest cities in the world. It is located at the intersection of the two principal north-south and east-west routes that traverse Iran. Both Standard and Esfahani accents have the same underlying phonological structure. In the earlier verities of Persian including the Standard and Esfahani accents, the vowel /a/ used to occur word-finally which changed to /e/ through time. Moreover, the synchronic occurrence of this process in other word positions is productive in the Esfahani accent which is regarded its well-known feature. However, presently, the vowel /e/ optionally changes to ]a[ in the environment before the postposition “ râ ” in both accents, as well as in other environments in the pronunciation of middle-aged and older Esfahani speakers. It is worth mentioning that the word “ râ ” is the only postposition in Persian formal pronunciation of which is never used in the spoken style. According to Jam (2017), this postposition is pronounced ]ro[ after words ending with vowels and ]o[ when it occurs after words ending with consonants. That is because a preceding consonant triggers /r/ deletion. 2-Methodology This research aimed at introducing and analyzing this rule inversion within the framework of Optimality Theory (Prince & Smolensky, 1993/ 2004). Optimality theory is one of the most significant developments in generative grammar. The first detailed exposition of the theory appears in Prince and Smolensky’ s book(1993), entitled “ Optimality Theory: Constraint Interaction in Generative Grammar” . Its goal is to explain the phonology of languages only by using a set of universal constraints. No phonological rule is being applied in its analyses because they generally explained the language-specific phenomena. In contrast, constraints in OT are not merely solutions to language-specific problems; they are claims about Universal Grammar (UG) seeking to explain phonological phenomena universally. Furthermore, there is no interaction between rules and constraints, i. e., OT is not a mixed theory. The principles of SPE phonology (Chomsky & Halle, 1968) namely rules and serial derivations between underlying representation (UR) and phonetic representation (PR) have been abandoned by OT; however, UR and PR which are renamed as input and output respectively, are being assumed in the classical sense. The Optionality (also known as “ free variation” ) in the change of /e/ to ]a[ in the standard and Esfahani accents is analyzed using the free ranking approach which maps a single input onto two outputs. Optionality is a case in which a single input is mapped onto two grammatical outputs, although their distribution is not under grammatical control. The fact that variation is “ free” does not imply that it is totally unpredictable, but only that no grammatical principles govern the distribution of variants. Nevertheless, a wide range of extragrammatical factors may affect the choice of one variant over the other, including sociolinguistic variables (such as gender, age, and class), and performance variables (such as speech style and tempo). Extragrammatical variables affect the choice of occurrence of one output over another. 3-Conclusion The Change of /e/ to ]a[ in the environment before the postposition “ râ ” in both standard and Esfahani accents as well as in different environments in Esfahani accent is a clear instance of rule inversion in Vennemann’ s (1972) sense. Vennemann (1972, 1974) (cited in Hulst 1980) regards rule inversion as restructuring and as such as part of a complicated type of change involving restructuring, loss of the original rule and addition of the inverted rule. He distinguishes two subtypes of rule inversion, dependent on the motivation of the change. In some cases, inversion is the direct result of restructuring. In other cases, inversion is the result of reinterpretation of the alternation that is caused by the original rule. The primary reason for the occurrence of this phonological process, that is the change of /e/ to ]a[ in Esfahani accent in the pronunciation of middle-aged and older Esfahani speakers, is hypercorrection which is in turn due to comparing this accent with the standard accent for religious reasons, honor and reverence as well as the high prestige of the standard accent. This is true that coming up with an analysis for hypercorrection in OT is challenging; however, since /e/ optionally changes to ]a[ in certain generalizable environments in Esfahani accent, it is capable of being analyzed within OT using the free ranking approach.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    0
  • Pages: 

    147-147
Measures: 
  • Citations: 

    0
  • Views: 

    57
  • Downloads: 

    0
Abstract: 

Abstract Background & Objectives: Mood–related patterns show a daily rhythmic pattern. The present study aimed to investigate the relationship between the mood rhythm and personality factors of Hexaco among students. Global disease research reports that mental health conditions are among the leading causes of disability worldwide, and it is predicted that major depression will be the number one cause of disability by 2025. It has been well established that the abnormality in the sleep–wake cycle and circadian rhythms of activity–rest are related to changes in mood states, and this relationship has been observed at the molecular, physiological, and behavioral levels. However, little is known about the 24–hour rhythm of other behavioral and physiological functions, such as mood, cognitive abilities, appetite, and social interaction. On the other hand, a lot of evidence supports the idea that circadian rhythm disorders play an essential role in the pathology of mood disorders. Still, more research is necessary to understand this issue better. Circadian typology reflects individual differences in the biological rhythms of the biological clock. Studies have shown that five personality factors play a significant role in forming people's mood rhythms. In general, mood rhythms are the essential characteristics of people, related to a wide range of individual traits influenced by society, education, academic performance, aging, and sexual relations. However, despite the unique importance of mood rhythm, few research studies have been conducted on its relationship with personality traits. Also, based on the investigations conducted in this research, no study deals with the relationship between mood rhythm and personality factors of Hexaco. Methods: The current research was analytical and of the correlational type. The statistical population included all students of Urmia University, Urmia City, Iran, in 2022. According to the minimum sample required for factor analysis, 250 people is enough,however, 340 people were selected by the multi–stage cluster sampling method. In this way, among the faculties of Urmia University, 10 faculties were selected randomly. Then, 34 students were randomly selected from each faculty and answered the Mood Rhythm Instrument (De Oliveira et al., 2020) and the Hexaco Personality Inventory (Ashton and Lee, 2004). The inclusion criteria were as follows: informed consent, age range of 18 to 36 years, and not taking psychiatric drugs. The exclusion criteria were as follows: providing incomplete information and refusing to complete the questionnaires. Also, to comply with the ethics of the research, while informing all the participants about the objectives of the research and obtaining informed consent from the units under study, the Optionality of participating in the research, the right to withdraw from the study, and making the results available if desired, were mentioned. Ethical considerations were observed in all stages of the research. Also, issues related to the safety and well–being of participants and data privacy were monitored during the study. The Pearson correlation coefficient and multiple linear regression analysis were used for data analysis in SPSS version 22 software. The significance level of all tests was 0. 05. Results: The results showed that the cognitive component (mood rhythm) had a negative and significant relationship with conscientiousness (Hexaco) (r=–0. 115, p<0. 05) and had positive and significant relationships with emotionality (Hexaco) (r=0. 176, p<0. 01) and openness (Hexaco) (r=0. 153, p<0. 01). Also, the physical component (mood rhythm) had a positive and significant relationship with emotionality (Hexaco) (r=0. 173, p<0. 01) and had negative and significant relationships with agreeableness (Hexaco) (r=–0. 130, p<0. 05) and conscientiousness (Hexaco) (r=–0. 262, p<0. 01). Finally, the emotional component (mood rhythm) had a negative relationship with conscientiousness (Hexaco) (r=–0. 266, p<0. 01) and a positive relationship with emotionality (Hexaco) (r=0. 300, p<0. 01). The research results showed that Hexaco personality factors significantly correlate with mood rhythm. Conclusion: According to the present research findings, there is a relationship between mood rhythm and Hexaco personality factors. This finding suggests that people with certain personality traits may be more prone to mood swings throughout the day. Further research is needed to determine this relationship's underlying mechanisms and potential consequences.

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