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Author(s): 

Farsi Madan Ali

Issue Info: 
  • Year: 

    2024
  • Volume: 

    10
  • Issue: 

    19
  • Pages: 

    145-180
Measures: 
  • Citations: 

    0
  • Views: 

    18
  • Downloads: 

    0
Abstract: 

One significant dimension of Imamiyya and political jurisprudence is how they faced unjust governments and rulers. This research employs a descriptive-analytic method to explore the theory and practice of religious leaders and their approaches to unjust rulers, addressing the fundamental questions: Why did certain companions of the Imams work within the caliphate system and interact with the caliphs? What was the practice of the Infallible Imams towards unjust rulers? What is the perspective of various Islamic denominations regarding unjust rulers? What role do temporal demands play in interactions with unjust rulers? I examined the lifestyle of the Imams and their approaches to governments, considering these questions in both normal and emergency situations, taking into account factors such as time and place. In urgent conditions, while the ruler has no legitimacy, people interact and collaborate with unjust rulers due to major expediencies to prevent potential dangers to the Muslim community. In normal circumstances, there are two views: compliance and non-compliance with unjust rulers. The former perspective is accepted by the majority of Sunni scholars, while it is rejected by some Sunni and all Shiite jurists. However, in certain circumstances, due to specific requirements, the Imams interacted with such rulers while affirming their illegitimacy. Thus, some of their companions cooperated with the unjust rulers of the time with the permission of the Imams to help the oppressed Shias and address their problems.

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Issue Info: 
  • Year: 

    2008
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    5
  • Views: 

    1426
  • Downloads: 

    0
Abstract: 

The main purpose of this research was to investigate the simple and multiple relations between just (general and global) and unjust world beliefs with psychological state. To this goal, 319 Participants selected with the use of multi-stage random sampling method from the total Population). Questionnaires which used in this research were: General Just World Beliefs Scale, Global Just World Beliefs Scale, Unjust World Belief Scale and SCL-90-R Scale were used. Pearson's correlation coefficient and stepwise regression analysis methods. Were used-The results showed that there is negative significant relation between general just world beliefs with obsessive-compulsive (OC), interpersonal sensitivity (INT), depression (DEP), hostility. (HOS) and paranoia (PAR), (p<0.05, p<0.01). Also results showed that there is negative significant relation between global just world beliefs with obsessive compulsive (OC) and depression (DEP), (P<0.05). Results also showed a positive significant relation between unjust world beliefs with paranoia (P<0.05). The results of the stepwise regression analysis, showed that only depression has a significant power for prediction of general just world beliefs and score of additional items in SCL-90-R have significant power for prediction of global just world beliefs. Results of regression analysis showed that interpersonal sensitivity (INE) and paranoia (PAR) have significant power for prediction of unjust world beliefs. Finally the results showed that only paranoia (PAR) has a significant power for prediction of unjust world beliefs. The implications of the results have been discussed.

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Author(s): 

Moghaddam Issa

Issue Info: 
  • Year: 

    2021
  • Volume: 

    85
  • Issue: 

    115
  • Pages: 

    265-284
Measures: 
  • Citations: 

    0
  • Views: 

    812
  • Downloads: 

    0
Abstract: 

According to the undue enrichment rule, a person is not entitled to be enriched by another detriment without a Legal cause. The first issue that arises is the existence and scope of the rule in commercial law due to the differences in this field in Iranian law. Another issue is that due to the adherence of business issues to certain principles and standards, is there a difference between trade and non-trade in terms of nature and basis and undue enrichment? The analysis of these cases is necessary to enable the correct identification of instances of undue enrichment in business matters. The research method is descriptive-analytical and the library method has been used to collect research data. The most important result is that there should be no doubt about its existence in commercial law, because there are cases that only comply with this rule. Also, the rule in commercial law has a complementary and secondary aspect and it should not be applied in a way that disrupts the structure of the legal system. In terms of nature, although there is no difference between undue enrichment in trade with others, but in terms of how to enrich it, there are differences in the cases that must be considered in order to achieve it. The basis of the rule in commercial law, in addition to the aspect of compensation from the damaged party, there is also the protection of the macro interest of commerce. Moreover, a lawsuit for undue enrichment in commercial affairs is a civil lawsuit and its conditions must be met according to the evidence of a civil lawsuit, so it is beyond the jurisdiction of commercial courts. Nevertheless, it is better to include these matters in the relevant regulations in the jurisdiction of these courts.

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Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    18
  • Pages: 

    127-136
Measures: 
  • Citations: 

    4
  • Views: 

    3002
  • Downloads: 

    0
Abstract: 

The Rubin and Peplau’s (1975) Belief in a Just World Scale (BJWS), and Buss & Perry’s (1992) Aggression Questionnaire were used to estimate the correlations between dimensions of aggression (anger and hostility) and belief in a just and an unjust world. Using multistage random method of sampling, 430 persons above age 16 in the city of Esfehan were selected as participants and completed the questionnaires. Analysis of data showed that anger and hostility were negatively correlated with belief in a just world (r=-0.17, and -0.12, P<0.01) and with belief in an unjust world (r=-0.10 and -0.16, P<0.01) respectively. Partial correlations, controlling for anger and hostility, indicated that belief in a just world has a significant negative relationship with anger (r=-0.12, P<0.01). Belief in an unjust world also was negatively correlated with hostility (r=-0.13, P<0.01). Analysis of regression demonstarted that belief in a just and an unjust world can predict anger, and belief in an unjust and just world can predict hostility (p<0.01).

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    2
  • Pages: 

    35-64
Measures: 
  • Citations: 

    0
  • Views: 

    153
  • Downloads: 

    0
Abstract: 

One of the important issues that is seriously raised in legal circles and courts is the correctness or incorrectness of obtaining the right of attorneys, in case of defending the unjust claim from the perspective of jurisprudence and law. What has been examined in the present paper is whether the power of attorney is legitimate in defending the false claim and the right of attorney arising from it? Imami jurists agree on its sanctity. With this explanation, in jurisprudence and law, it can be respected from several perspectives-both in terms of power of attorney and in terms of power of attorney. This research has dealt with this issue based on the analytical-descriptive method and after expressing the opinions and explaining the opinions of the jurists, it was concluded that accepting a power of attorney to defend a false claim and obtaining a power of attorney is forbidden,Because the obvious example is the possession of property in vain and the protection of sin. Therefore, it is appropriate for the legislator to impose a legal prohibition in this regard by enacting a single definite article, and the law should be approved in accordance with the issue.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    22
  • Issue: 

    88
  • Pages: 

    17-38
Measures: 
  • Citations: 

    0
  • Views: 

    59
  • Downloads: 

    4
Abstract: 

Cruelty and injustice in adjudication mean passing unjust judgement as a result of negligence or destructive intentional conduct, and an unjust judge is the arbiter making mistakes in the court amidst the turbulent atmosphere of passing a verdict. Many components and elements are involved in the judge’s failure, one of which is lack of the capacity for legal reasoning and inference of religious laws in him along with other preconditions for fatwa (a nonbinding legal opinion on a point of Islamic law given by a qualified jurist) and judgment. In the meantime, the role of the government and ruling system in appointing such a judge shall not be ignored either, because in such system, the scare and power with the judge will make all his trials cruel in the end even if he is mujtahid (qualified to exercise ijtihad in interpretation of Islamic law). Unjustness, though, is not exclusive to the government of unjust rulers and it may happen in just governments as well. This paper has been developed according to Imam Khomeini’s fatwa in his Tahrir al-Vassilah in which he says only fully qualified jurists endowed with the capacity of legal reasoning and inference of religious laws and with full knowledge on secondary issues of Islam deserve the right to pass a legal judgement. Upon full study of the issue, the paper has discussed admissibility and inadmissibility of the recourse to such a judge. Therefore, the paper has studied recourse to unjust judge and based on step-by-step arrangement, i.e. from recourse to consorting and finally acting upon the verdict he has passed, all have been considered by Imam Khomeini has religiously forbidden

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Author(s): 

Hasaninasab Morteza

Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    53-70
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Abstract: 

In the Treatise of Rights by Imam al-Sajjad (peace be upon him), one of the central and prominent themes is the right of the ruler and their duties within the social system. This valuable document not only outlines the Imam’s perspectives on the rights and responsibilities of rulers but also demonstrates that Imam al-Sajjad adopted a distinct approach in confronting unjust rulers compared to his predecessors, particularly Imam al-Husayn (peace be upon him). While Imam al-Husayn emphasized the principle of uprising and struggle against oppression to reform society, Imam al-Sajjad, instead of focusing on direct resistance or military uprising, resorted to a concept known as tamāḥuk-a policy of forbearance and gradual reform. This fundamental difference in approach indicates that, given the specific circumstances of his time, Imam al-Sajjad chose a strategic and adaptive approach to preserve Islam and the Shia identity. The primary objective of this article is to analyze the causes and grounds underlying the shift in Imam al-Sajjad's approach to dealing with an unjust ruler, compared to Imam al-Husayn and other preceding Imams. The central question is: What social, political, and cultural factors led Imam al-Sajjad to adopt a policy of forbearance and caution instead of direct uprising? Additionally, what differences in cultural contexts and temporal conditions contributed to the formation of this approach? The research methodology of this study is based on analyzing the text of Imam al-Sajjad’s Risalat al-Huquq (Treatise of Rights), utilizing a hermeneutic approach and Skinner’s intentionalist theory. This method enables a deep interpretation of the social, political, and historical context of Imam al-Sajjad’s era, facilitating an understanding of the hidden meanings and intellectual foundations of the text. The study draws on library resources, historical texts, jurisprudential sources, and hadith literature to provide a multidimensional analysis of the intellectual, social, and political contexts underlying the Imam’s approaches. Based on the research findings, factors such as the decline of Islamic values, social pressures, the challenging circumstances faced by Imam al-Sajjad (peace be upon him) and the Shia community, various uprisings, and the weakening of Shia organizational structures prompted Imam al-Sajjad to adopt a gradual or piecemeal strategy. This approach aimed to ensure the survival of Islam and Shia identity in the face of unjust rulers. Notably, the Shia population had significantly changed compared to the era of Imam al-Husayn (peace be upon him), and conditions for the Shia had become exceedingly difficult. The primary conclusion is that Imam al-Sajjad’s perspective on dealing with unjust rulers shifted from emphasizing military resistance to a strategy rooted in forbearance, gradual reform, and the progressive strengthening of Islam and the Shia community. This approach, particularly evident in the text of Risalat al-Huquq and within the social context of that era, demonstrates that Imam al-Sajjad, as a symbol of patience, wisdom, and prudence, sought to replace armed uprisings with soft and cultural tools. The final conclusion indicates that Imam al-Sajjad’s shift in approach was not a disregard for the right to resist but rather a deliberate and strategic effort to preserve the survival of the Shia community and the continuity of Islam. This approach serves as a model for understanding and analyzing the comparative strategies of Imams and religious leaders in confronting unjust and authoritarian rulers. The present study provides an opportunity to reflect on soft and gradual policies in the realm of religion and power, particularly in critical and complex circumstances, and can play a significant role in elucidating the approaches found in Imam al-Sajjad’s conduct.

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Author(s): 

GOLPARVAR MOHSEN | NADI M.A.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    51-61
Measures: 
  • Citations: 

    2
  • Views: 

    3114
  • Downloads: 

    0
Abstract: 

The main purpose of this research were the investigate relations between belief to the just and unjust world, behavioral justice and justice in evaluation with distress at school among guidance schools students in Esfahan city. For reach to the research aims, from guidance school's students, 467 persons selected with using two stage sampling to answer research questionnaires. Questionnaires which used in research were: personal belief to the just world with 7 items, belief to an unjust world with 3 items, behavioral justice with one item, justice in evaluation with 3 items and distress at school with 2 items. Data analyzed with using person's correlation coefficient and moderated hierarchical regression analysis. Results showed that there are negative significant relations between belief to the just world with belief to the unjust world (r=- 0.145) and distress at school (r=-0.232). There were positive significant relations between belief to the just world with justice in evaluation (r=0.302) and behavioral justice (r=0.208). Belief to the unjust world have negative significant relations with justice in evaluation (r=-0.139) and behavioral justice (r=-0.105). Also justice evaluation have positive significant relation with behavioral justice (r=0.457) and negative significant relation with distress at school (r=0.308). Also behavioral justice have negative significant relation with distress at school (r=-0.308). The results of moderated hierarchical regression showed that, gender moderate the relation between behavioral justices with distress at school. That is, the relation between behavioral justices with distress was highest for sisters than boys.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    57-66
Measures: 
  • Citations: 

    0
  • Views: 

    1358
  • Downloads: 

    0
Abstract: 

Many believe in a just world. Nonetheless, many others espouse and cherish the belief of the unjust world. The aim of this research was to investigate the structural model of the role of psychotisrn, paranoia, hostility and interpersonal sensitivity beliefs in an unjust world. For this purpose, this descriptive-correlational research was conducted. The sample comprised 250 individuals who were selected using convenience sampling, and were tested in terms of psychotisrn, paranoia, hostility, interpersonal sensitivity and beliefs in an unjust world. Mediated regression analysis revealed that firstly hostility reinforces interpersonal sensitivity, psychotism, and paranoia in a sequentiai multilevel model. Subsequently, interpersonal sensitivity and psychotism partially and significantly reinforce paranoia, and finally paranoia reinforces the beliefs in an unjust world. Beliefs in an unjust world are strengthened by paranoia, and paranoia is strengthened by psychotism, hostility and interpersonal sensitivity. Overall, a model of the formation and reinforcement of the beliefs in an unjust world has been developed in this research.

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Author(s): 

Javan Arasteh Hosein

Issue Info: 
  • Year: 

    2022
  • Volume: 

    9
  • Issue: 

    4
  • Pages: 

    65-86
Measures: 
  • Citations: 

    0
  • Views: 

    65
  • Downloads: 

    14
Abstract: 

The right to life is the leading natural human right which is respected in all legal systems. It is preliminary to the many rights which are basic to the human being and there are tight restrictions on the circumstances one might be deprived of it. Recruiting an analytical-critical approach, the present study is aimed at examining human rights documents to determine (a) the extent to which the right is cherished, (b) how "death penalty and abortion" is viewed, and finally (c) whether the documents adopt a consistent stance on the circumstances which lead to the deprivation of the right. Findings suggest that despite the highly restricting approach on death penalty, abortion is legally and rather generously accredited. Finally, it is maintained, such a paradoxical stance on the right to life- emanating from the liberal and feminist views- is in obvious opposition to both religious values and human rights standards.

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