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Issue Info: 
  • Year: 

    2012
  • Volume: 

    1
  • Issue: 

    1 (1)
  • Pages: 

    117-150
Measures: 
  • Citations: 

    0
  • Views: 

    1518
  • Downloads: 

    0
Abstract: 

One of the most common methods of financing to which banks repeatedly resort nowadays is, in addition to planning different kinds of bank deposits, to distribute securities supported by bank facilities. The application of such tools is highly experienced in the current banking. In fact, enjoying such instruments, banks have the intention to renew their resources in their attempt to enhance their power of granting credit facilities. However, such tools are not highly common in Islamic banks, including the ones across Iran.After the law of stock market was ratified in 1384 and 1388, legal grounds necessary to plan and distribute different kinds of new securities were provided. Now Iranian banks are also able to finance through capital market with the help of planning and distribution of new financial tools, especially via changing of bestowed facilities into securities.The present study is seeking to introduce such tools in three sections. In the first section, taking a glance look at the history of changing bank assets into securities in conventional banking and Islamic banks, the research will clarify the goals, performance and pathology of changing bank assets into securities. The second section deals with designing suitable financial instruments for the changing of bank assets into securities in Iran banking system. It will also be explained that such tools should have the following characteristics: first, they should be acceptable by jurisprudential standpoint; second, they should be consistent with monetary and financial laws and rules of Iran; third, regarding the role of such tools in the occurrence of current financial crisis, they should not be crisis-making. In the last section, the study will try to examine possible risks of the designed instruments and the ways to manage them.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    69-76
Measures: 
  • Citations: 

    0
  • Views: 

    49
  • Downloads: 

    0
Abstract: 

Introduction: Social responsibility from an ethical point of view includes the obligations and duties of natural and legal persons towards society and the environment. The moral behavior of people, like understanding of social responsibility, depends on their liberal ideology, beliefs and human values. Therefore, the aim of the current research is to study the relationship between liberalism and human values with the moral understanding of social responsibility. Material & Methods: The research method is applied in terms of purpose and descriptive-correlational survey. The statistical population includes the financial managers of the companies admitted to the stock exchange, and the questionnaire was randomly distributed among them and 110 questionnaires were received. The sampling method is random. The research tool is a questionnaire and multivariate regression using SPSS software was used to analyze the data. Results: The research results show that human values based on public INTEREST have a significant and positive relationship with the moral understanding of social responsibility. But the thinking of liberalism does not have a meaningful relationship with the moral understanding of social responsibility. Conclusion: Based on the findings of this research, human values based on public INTEREST can be considered as a tool to strengthen the moral behavior of company managers regarding corporate social responsibility. Also, improving the thinking of liberalism in managers can strengthen their social responsibility. In this case, the policy makers of Stock Exchange can direct the managers of the listed companies to comply more with the social responsibility of the company, through teaching human values and strengthening those values, as well as monitoring the implementation of ethical regulations

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    11
  • Issue: 

    24
  • Pages: 

    121-137
Measures: 
  • Citations: 

    0
  • Views: 

    4959
  • Downloads: 

    0
Abstract: 

There are a number of mortgage property rights. These rights, The objective is divided into two categories: Home and consequential. The main objective, The relationship between subject and object is MORTGAGED And the consequential objective, Expression relationship with mortgage property is MORTGAGED. We know money is what man tends to it And eliminates to their needs. For this purpose, owner may need to be on his MORTGAGED Tsrfaty. It may even be used to capture transporter. Therefore, in continue to explore a variety of possible possession by mortgagor, This topic is the mortgagor's rights over the MORTGAGED property And we will investigate Rights as mortgagee in possession of the mortgagor, How to be considered. For Sale by accepting the validity of the theory also MORTGAGED, the owner will comply And also Despite the objective MORTGAGED, He also reserved the right to stay, Because compromise mortgagor and the buyer has a relative effect and will not prejudice the right of the mortgagee.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    2
  • Issue: 

    3 (پیاپی 5)
  • Pages: 

    51-61
Measures: 
  • Citations: 

    0
  • Views: 

    174
  • Downloads: 

    26
Abstract: 

Purpose: Food security is a critical global challenge that is influenced by research and innovation in the field. Therefore, the objective of this study is to analyze the scientific output of developing countries in food security and examine its relationship with patents and Gross Domestic Product (GDP).Methodology: This applied research utilized the Scientometric approach. A total of 8,416 PAPERS published between 1992-2023 in the field of food security by developing countries were included in the study using citation databases from Clarivate Analytics. Additionally, patent registrations from the WIPO database and GDP data from the World Bank were analyzed. Information was collected through note-taking, and the data was analyzed using Pearson's correlation coefficient.Findings: The findings reveal an upward trend in the publication and citation of scientific outputs related to food security in developing countries. China has higher numbers of PAPERS, patents, GDP, and food production index compared to Iran, Japan, and South Korea. There is also a positive correlation observed between population and the number of PAPERS, gross production and the number of PAPERS, food production and the number of published PAPERS, as well as the number of patents and PAPERS citing scientific outputs of countries.Conclusion: These results highlight the significant relationship between increasing scientific output, GDP, the number of patents, and food security. Greater emphasis on food security contributes to enhanced scientific output, GDP, and innovation. Similarly, increasing scientific output, GDP, and innovation positively impact food security in countries.Value: This study emphasizes the importance of scientific outputs in driving technological advancements, innovations, and ultimately, ensuring food security in developing countries.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    8
  • Issue: 

    28
  • Pages: 

    79-98
Measures: 
  • Citations: 

    0
  • Views: 

    2315
  • Downloads: 

    0
Abstract: 

The possession of transferor in MORTGAGED asset is one of the discursive issues in jurisprudence Imamieh, civil law, and judicial precedents. There are different opinions presented by the jurists in this regard, each of which has got many pros and cons. Chattered mortgage is the patent possession of transferor of the MORTGAGED asset. There are three theories of validity, lack of influence and invalidity which are presented in this article regarding to this issue. It is attempted in this article to extract the theory which is consistent with the subject entity and the truth of the case, with consideration the judicially and legally, so that the problem of the diversity of judicial verdicts could be solved. Based on the above discussion, it is attempted to shed light on this issue that if the mortgager sells the mortgage's property to third party after the fulfillment of the security agreement, what will happen to the contract of sale? Is that correct, non-affective or null? In this survey it is reasoned using legal texts that the law legislator in the matter on hand has followed the theory of nullity of transfer in regard to the mortgage property. This theory is exactly to explain the jurists' views. However It should be mentioned that the consequence of the nullity goes only to the mortgagee not to the parties of a contraction. Finally, the agreement between the buyer and the seller will have full effect by removing the legal impediment (The subsidiary security INTEREST of the mortgage) from the MORTGAGED asset.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    17
  • Issue: 

    1 (43)
  • Pages: 

    83-104
Measures: 
  • Citations: 

    0
  • Views: 

    1618
  • Downloads: 

    0
Abstract: 

Thought of lack of influence the sale of MORTGAGED property, is famous thought. But a narrow study in jurisprudence shows that Jurisprudents been considered variety solutions for lack of influence the sale of MORTGAGED property. The first Solution is invalidity of sale. The second solution is lack of influence the sale (adherents of lack of influence about the survival of the right of mortgagee have disagreement. The first group remains right of mortgagee on MORTGAGED property. Other group believes that permit Cause fall of right of mortgagee and finally, third group Consolidate right of mortgagee on price, namely Substitute of MORTGAGED property). The third Solution is unenforceability of contract against mortgagee that is of branches of the theory of lack of influence. Finally Some Considered Correct; sale of MORTGAGED property. A group of adherents the validity of sale, remain right of mortgagee on MORTGAGED property and small group, know established his right on price (Substitute). This article paid to study on this diverse ideas in juridical various schools.

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Author(s): 

Mansouri Gholamreza

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    175-190
Measures: 
  • Citations: 

    0
  • Views: 

    184
  • 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: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2016
  • Volume: 

    5
  • Issue: 

    1 (9)
  • Pages: 

    11-22
Measures: 
  • Citations: 

    0
  • Views: 

    5567
  • Downloads: 

    0
Abstract: 

The MORTGAGED property will be handed to the mortgager after seizure. Consequently, the mortgager may do transmissions on this property that result in its transfer. Does the owner have the right to do such occupations on the MORTGAGED property or not? If the answer is negative then what will enforce the prohibition? Invalidity or Lack of Influence? If the answer is positive, then, is the application of this right absolute or it is bounded to the rights of the mortgager? The answer to these questions lies in the dimension of the mortgager possession to the MORTGAGED property. The Iranian legislator declares the scope of this possession in the Articles 793 and 794 of the Civil Code. However, the Civil Code does not propose a clear scale for the issue. Article 793 suggests “loss” as the only legal obstacle to the mortgager to do so. At the meantime, Article 794 states that the “benefit” in the mortgageis an essential factor for the possession. Therefore, apparent contradiction between these two Articles and lack of a uniform scale in interpreting the terms of “loss” and “benefit” in the mentioned Articles, raise various and contradictory opinions among the judges of the courts and legal scholars. The present paper tries to find answers to the questions and to clarify the ambiguities of the era.

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Journal: 

Quranic Doctrines

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    121-151
Measures: 
  • Citations: 

    0
  • Views: 

    135
  • 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: 

    168
  • 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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