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Author(s): 

HASANZADEH MAHDI

Issue Info: 
  • Year: 

    2020
  • Volume: 

    21
  • Issue: 

    1 (51)
  • Pages: 

    1-20
Measures: 
  • Citations: 

    0
  • Views: 

    2303
  • Downloads: 

    0
Abstract: 

Witness is one of proofs that when its requirements are gathered proves the subject of action and judge is obliged to render the verdict according to it and its validity is not contingent on certainty of judge. But its depending on not certitude of judge against it, is discussable and the research on this field shows that in religious jurisprudence, the certainty of judge against testimony causes the invalidity of Witness and the judge should deny rendering judgment according to it. Our Civil Code has accepted this matter and has explained it in article 1319. Meanwhile, about certainty of judge against testimony, situation in religious jurisprudence and in law is not similar and despite the fact of emphasis on necessity of reversal of judgment in such situation in religious jurisprudence, in law, reversal of judgment in such situation depends on requirements, respites and regulations of complaint against judgments.

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Author(s): 

EKHTIYARI ZAHRA

Issue Info: 
  • Year: 

    2012
  • Volume: 

    NEW
  • Issue: 

    31 (28)
  • Pages: 

    41-76
Measures: 
  • Citations: 

    0
  • Views: 

    1232
  • Downloads: 

    0
Abstract: 

This study deals with the works and biography of Ghasemi Gonabadi based on the notes collected while correcting the eight Mathnavis of the poet, considering other contemporary biographies as well. The originality of the subject lies in the new findings of the author regarding issues such as Ghasemi’s birth, life, family, his children and trips, his masters, the people he praised, other poets named in his works and the ups and downs of his life. Since there is not a comprehensive biography of Ghasemi Gonabadi, the present study attempts to present an authoritative account of the poet’s.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    45
  • Issue: 

    2
  • Pages: 

    237-253
Measures: 
  • Citations: 

    0
  • Views: 

    1200
  • Downloads: 

    0
Abstract: 

The parties to a case, before international Court of Justice, do have a broad freedom in presenting evidence, including hearsay evidence such as Witness and expert Witness. However, the Court will treat such hearsay evidence with particular cautious and only under certain circumstances will accord evidential weight to these documents. This article reviews those cases in which the parties relied on the evidence by Witness or expert Witness in order to sustain their own cases. The probative value of them is also analysed.

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Author(s): 

EZHEI T. | SHANAZARI J.

Journal: 

MYSTICISM STUDIES

Issue Info: 
  • Year: 

    2010
  • Volume: 

    -
  • Issue: 

    10
  • Pages: 

    27-44
Measures: 
  • Citations: 

    0
  • Views: 

    1147
  • Downloads: 

    0
Abstract: 

The Holly Quran, according to mystics’ conviction is not only the most important source of gaining knowledge in the Islamic mysticism field but also an authentic criteria for separation between truth from illusion.Infered from mystical texts, there are two groups of wayfarers of the Path who, because of their false understanding of Quranic meaning and learnings, have fallen into prey of vain Fantasies and untrue surmises.One group really intends to follow mystical journey and reach the Reality, but because of the most thick veil i.e. egoism, their perceptions are not inward revelation  but misunderstanding and lack of insight. Second group have tainted their goals of the mystical path to worldly benefits and advantages, hence their sayings are not valid.According to Persian Sufi texts, both groups, in spite of their pseudo- mystical words which apparently seem to deal with spiritual concepts and matters, are devoid of knowledge and divine intuition. Some have interpreted this kind of pseudo- mystical expressions as ‘unclean light’. Sanaee, Rumi, Mohammad Ghazzali and his younger brother Ahmad and ‘Eyn al-Qozat, also have named them in a similar manner which have been examined in this article. Also in the present study, based on the most outstanding Persian mystical texts, different aspects of the subject have been analyzed and supported by sufficient evidences.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    11
  • Issue: 

    41
  • Pages: 

    71-96
Measures: 
  • Citations: 

    0
  • Views: 

    1772
  • Downloads: 

    0
Abstract: 

Nowadays, the equality or inequality of women's rights in the society (both inside the country and abroad) is considered as a significant and challenging problem, and the enemy's wrong inspiration and advertisement called soft war has had a growing influence on creating doubt and suspicion, and women's right of Witness have been included among discussions about women's rights. Regardless of the fact that the subject of women's Witness is considered among the categories of assignments rather than right, this study has tried to do an exploration on women's right and its acceptable cases. By referring the legal sources and a careful thought, it becomes clear that Priestly women's Witness in all cases of financial or nonfinancial matters with some details is accepted. It is not accepted in just a few cases due to the women's nobility and respect, Islam's attention to mitigation, compassion or other specific reasons such as preventing the promotion of obscene acts. Secondly, the inequality of the number of men and women Witness, according to the Quranic verses, and because of the vitality of lateral incoming features is limited to the financial affairs and it is ignored in others cases.

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Author(s): 

Kaykha Mohammad reza

Journal: 

CULMINATION OF LOW

Issue Info: 
  • Year: 

    2022
  • Volume: 

    8
  • Issue: 

    3
  • Pages: 

    117-143
Measures: 
  • Citations: 

    0
  • Views: 

    67
  • Downloads: 

    15
Abstract: 

According to Article 177 of the Penal Code. One of the conditions of a religious Witness is to have justice. Article 181 of this law defines justice as non-sinfulness, and in its interpretation, committing a great sin and insisting on minors is considered as justice, but considering the fact that the category of martyrdom is news and the definition of news as probability of truth and falsehood, as well as the philosophy of Witness testimony, this question is Is not the interpretation of Witness justice merely justified by being merely truthful, and the distinction between verbal justice and the absolute meaning of justice? This research, which is done by descriptive-analytical method, shows that the condition of Witness justice in the absolute sense, since in addition to the lack of a single criterion for committing a major sin, it is practically impossible to prove justice in this way without spending time. And leads to the closure of the chapter of martyrdom; Consequently, since the purpose of legislating testimony is to discover the truth with the news of the Witness; Therefore, it seems that what should be considered by the judge is that the queen of justice in speech means the continuity of the Witness's honesty in words. Therefore, committing sins unrelated to truth and falsehood does not interfere with the justice of the Witness and the validity of his testimony.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    13
  • Issue: 

    7 (53)
  • Pages: 

    135-158
Measures: 
  • Citations: 

    0
  • Views: 

    448
  • Downloads: 

    0
Abstract: 

The revival of the manuscript is an effective step in recognizing the cultural and literary heritage of each nation. Progress and advancement of any nation is not possible unless it is aware of the background of its culture and literary history. Therefore, transferring the works of the past people in a proper way and far from manipulation is the cultural necessities of any society. The manuscript of "The Absent Witness", one of these mystical works in the form of Masnavi in Bahr Hazaj Mosades Mahzuf is in the Persian language which was written by the poet "Ahmad" in 1953. This unique version has two parts: A: The first part describes the circumstances of Mir Mohammed Zivar Al-Din son of Mir Hossein Baghdadi, whose ancestry reaches Sheikh Abdul Qadar Gilani, and the second part deals with the Naghshbandieh dynasty and the practices of this conduct. The present study, while providing an explanation about the content of the manuscript of "absent Witness", examines its structure and most important stylistic features at three levels of intellectual, literary and linguistic levels. The research method was library and content analysis and based on the principle of works and evidence derived from it.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    -
  • Issue: 

    10
  • Pages: 

    81-103
Measures: 
  • Citations: 

    0
  • Views: 

    1709
  • Downloads: 

    0
Abstract: 

The presence of Witness in the criminal justice system is one of the participatory criminal policy manifestations which it shines more in democratic societies. Therefore, Witnesses as one of the actors in the criminal justice circle must be under protect programs. These programs should be based on the individual freedoms from one side and from other side; they should be based on the government interests. The criminal policy of Iran in the area of legislation is affected by them. Therefore, from the point of the differential criminal policy and exceptional legal procedure, they include circumstantiality which they put forward suggestions. The intimidation of Witnesses as a collection of committed acts or acts of perpetration against Witnesses is necessary for criminalization. The exceptional criminal procedure with orders like arrest of defendant without initial arraignment, sending directly the case (file) to the court and investigating out of turn are important. Thus, to prevent the identity of Witnesses to be revealed, it is useful for Witnesses to be wearied makeup and covered by mask during the investigation process. In the legislative criminal policy, the basic strategy is to regulate rules and organize legal proceedings that meanwhile encouraging (motivating) Witnesses to appear before criminal justice system, they prevent damages to Witnesses. The protective programs are exceptional and therefore to enforce the stipulations based on both subjective and objective depends on the judicial officials. The considerable point is  constantly to protect the rights of the first accused because he is charged for a crime and may be punished and sentenced.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    2
  • Pages: 

    261-280
Measures: 
  • Citations: 

    0
  • Views: 

    3066
  • Downloads: 

    0
Abstract: 

In order to adapt some laws to Imamiyyeh jurisprudence, Article 1313 of the civil code was amended in 1981 and 1990, and the condition of legitimacy of birth has been added to conditions of Witness. Regarding this feature in the Witness, different views have been presented in Islamic law. For instance, some believe that legitimacy has been considered as a necessary condition and in contrast some Islamic writers have not seen the legitimacy as a necessary condition. Due to the fact that there are questions and ambiguities about the reasons and documentations of each point posed in this regard and essentially the relation between this condition and the issue of Witness, each of these points of view, their reasons and their roots should be considered and analyzed. By examining the subject can reach the conclusion that, according to the documentations, legitimacy of birth is not necessary in Witness.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    2
  • Issue: 

    7
  • Pages: 

    83-101
Measures: 
  • Citations: 

    0
  • Views: 

    772
  • Downloads: 

    0
Abstract: 

Nowadays in the global arena the creative innovative and inventive people as entrepreneurs are source of major developments in different fields such as industrial, generative and service. These people are remembered as national heroes. Economic development wheels come to move with the entrepreneurship. The importance of this research was resulting when consideration about the subsistence requirements of veteran families in term of employment is under scrutiny as the main part of it. These requirements are the main priority for institutions such as Foundation of Martyrs and Veteran Affairs. We use survey research method here. Research population include entrepreneurs and self-employed veterans of Tehran. We Randomly select 100 person. Technique of data collection is questionnaire and deep interview. Technique of data analysis is done by using “spss Software”. In the results of this study, “the relationship between demographic characteristics and personality traits of entrepreneurs students who live in Witness and martyr families and entrepreneurship and self-employment” will examined in following eight dimensions .In study of The characteristics all features had a significant and positive relationship with entrepreneurial. When we want to prioritize characteristics the most important one among them is risking with 74%; Then the internal control with 67%, the independence with 64% and the quest of success with 43% are after it. But there was little correlation between demographic characteristics. Even there is no relation between the age and marital with the entrepreneurship. There is a weak relation between sex and entrepreneurship with 31%, but relation between education and entrepreneurship with 46% is almost stronger that it shows the importance of education in current time on the basis of regression analysis(stepwise) the linear result of two punctual varieties that we had choose in this model inciud “internal control” and “risk”.

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