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Author(s): 

Issue Info: 
  • Year: 

    2017
  • Volume: 

    38
  • Issue: 

    1
  • Pages: 

    69-98
Measures: 
  • Citations: 

    1
  • Views: 

    76
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

MAYO JAMES

Issue Info: 
  • Year: 

    2009
  • Volume: 

    26
  • Issue: 

    2
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    154
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 154

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Journal: 

FIQH

Issue Info: 
  • Year: 

    2020
  • Volume: 

    27
  • Issue: 

    2 (102)
  • Pages: 

    127-151
Measures: 
  • Citations: 

    0
  • Views: 

    508
  • Downloads: 

    0
Abstract: 

temporary marriage with the intention of creating Mahramiat (In Islam, a mahram is a member of one's family with whom marriage would be considered haram; mahramiat is the state of being mahram) between one of the spouse and a third person has become common with the prevalence of adoption in Iran, especially among religious people. For this reason, this paper examines and investigates the validity and invalidity of this type of Mahramiat as a type of marriage, and the main question is whether it is possible to correct this type of marriage contract. For this purpose, through the library method, the views of jurists in this field and their arguments have been studied. During the study of the different viewpoints of Shiite jurists and their reasons in this regard, the validity of this type of Mahramiat has been faced serious challenges, because the spouses do not have a serious intention to get married. Although they intend to write a sigheh (marriage vows), "intention" is one of the components of any marriage contract. In addition, basically, such marriages have not been reported in the Shari'a tradition in the era of the Imams (as). Furthermore, the validity of this type of Mahramiat cannot be relied on general and absolute arguments for the validity of marriage, since there exists doubts in its being marriage.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    39
  • Issue: 

    172
  • Pages: 

    120-135
Measures: 
  • Citations: 

    0
  • Views: 

    1078
  • Downloads: 

    0
Abstract: 

Providing temporary shelter after major disasters is one of the major challenges for survivors and relief and reconstruction officials. In Iran, besides the distribution of tents, a common solution is to construct and deliver containers to the damaged areas. Following the 2017 earthquake in Kermanshah province, extensive damage was inflicted on urban and rural settlements, especially in the Dasht-e Zahab and Qasr-e-shirin districts. The high extent of the destruction, the proximity to the cold season, the rain, and the problems of living in emergency accommodation tents necessitated the acceleration of the provision of temporary housing and permanent shelter. The present article is a report of an action research project to find a different solution to this problem. Experience shows that accident survivors, especially in rural areas, provide shelter for their families by the locally available materials and technology, or the materials remained from the destroyed buildings. Aware of such a capacity, we tried to take a step towards providing temporary shelter by making maximum use of local materials and some non-local but inexpensive and affordable materials. For the first time, PVC pipes were used as the main structure of a temporary shelter. In the first phase, in December 2017, researchers visited the city of Sarpol-e Zahab and several villages in the region for six days in order to identify and evaluate the conditions of the region. Then, the design and execution of the first experimental sample of this structure called Kashaneh with dimensions of 2 × 3 meters was done in the Faculty of Architecture and Urban Planning of Shahid Beheshti University. During the execution, many points were identified and corrected, the strength of the structure was tested under gravity loading, and the structural calculations were performed using SAP2000 software. In the next step, the original sample with dimensions of 3 × 4 was built in the village of Kuik Aziz in the city of Sarpol-e Zahab. The willingness to participate among the residents and the positive feedback of the people towards the original sample indicated the success of this type of temporary shelter. Monitoring the samples, lower costs, speed of execution, participation of local labor force, ability to develop and attention to the psychological needs of the survivors in terms of similarity of the created space to a normal building, are among the advantages of this project.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

AFZALI R.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    6
  • Issue: 

    21
  • Pages: 

    9-32
Measures: 
  • Citations: 

    0
  • Views: 

    1478
  • Downloads: 

    0
Abstract: 

This paper is an attempt to analyze the timing or temporary proprietorship, whether legal or illegal, by legal proofs. Then it comes to this conclusion that the temporary ownership is accepted in Islamic Divine Law.It also seeks to study the timing ownership as well as its contract according to certain agreements.Later, the article proceeds to prove that this contract could be made under certain terms and agreements such as selling, reconcilliation or peace and renting. Finally, the paper verifies this contract, as a new one, while considering its legacy.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

HEYDARI SIROS | ZARIN PARIA

Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2017
  • Volume: 

    5
  • Issue: 

    2 (10)
  • Pages: 

    16-26
Measures: 
  • Citations: 

    0
  • Views: 

    1675
  • Downloads: 

    0
Abstract: 

Although temporary marriage has a lot of similarities to permanent marriage, it has its own conditions and characteristics. One of these characteristics is necessity of determination of term. Legislator of Iran hasn’t defined any provisions for maximum duration in temporary contracts. The purpose of this essay is to distinguish the power of parties in determination of maximum period in temporary marriage. It tries to answer this question: does being long-term effects the legal status and nature of temporary marriage? Based on general legal principles and study of religious sources, we should say that parties are free to determine maximum term of temporary marriage. Therefor being long-term doesn’t alter legal status and nature of temporary marriage by itself.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    24
  • Issue: 

    72
  • Pages: 

    159-185
Measures: 
  • Citations: 

    0
  • Views: 

    227
  • Downloads: 

    0
Abstract: 

temporary marriage is one of the accepted institutions in Islamic jurisprudence and jurisprudence which differs from permanent marriage in terms and conditions. One of these differences is the obligation to pay alimony, which in the case of permanent marriage, the couple is obliged to pay the alimony against the temporary marriage to the spouse. Couples are contracted and supplemented by this type of marriage, and it is agreed that the condition of payment of alimony by the couple as a condition of entering into a contract of marriage or placing a temporary contract on the payment of alimony as a valid and valid building condition. This confirms the sovereignty of the parties in the formation of contracts and contracts, Be it. However, these terms are not subject to the permanent effects of the marriage contract and have the characteristics of the contractual terms and are subject to the underlying or contractual terms. Another option is the payment of alimony which can be longer or less than the termination of the marriage. Due to termination or expiration of the contract or the term of the marriage and the existence of the term of the charity after the dissolution of the marriage whether the act remains a condition or not, there being a difference of opinion expressed in this writing separately.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    1394
  • Volume: 

    30
Measures: 
  • Views: 

    266
  • Downloads: 

    0
Abstract: 

به دلیل شرایط زیست محیطی، توسعه منابع تولید انرژی الکتریکی به معضل بزرگی در جوامع بشری تبدیل شده است. به این دلیل طراحان و دست اندرکاران صنعت برق در صدد ایجاد راهکارهایی در جهت بهبود وضعیت موجود و کاهش اثرات مخرب زیست محیطی هستند. ...

Yearly Impact:   مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2022
  • Volume: 

    52
  • Issue: 

    2
  • Pages: 

    235-255
Measures: 
  • Citations: 

    0
  • Views: 

    185
  • Downloads: 

    39
Abstract: 

The term in the mortgage is presented in two formats,one is due to the deferred debt and the other is making the mortgage contract temporal for the absolute debt. Although the jurists have considered the first one to be correct, this was not, in the strict sense of the word, making mortgage contract temporal, and it is naturally out of the question, unlike the second form, which is invalidated by consensus. Of course, in jurisprudence and civil rights, in addition to consensus, other arguments have been presented to invalidate this. Among them are the requirement of a mortgage contract, the result of its durability and subordination, the requirement of the literal meaning of the mortgage, and similar cases. In this search, we are looking for an answer to this question: Is making the mortgage contract temporal, correct and possible? For example, can money be mortgaged for two years? Is there a legal basis for the time limit in the debt document? The civil law is silent on this matter, but some jurists have clearly considered the non-limitation of the term as one of the conditions for the validity of the mortgage. The result of the discussion is that if the condition of making temporal is considered invalid due to the opposition to the requirements of the mortgage contract, then the claimant's guarantee will be lost and it will become a normal demand. Therefore, considering the silence of the civil law and the conflicting nature of some issues in jurisprudence and the lack of a research background on this issue, the necessity of the present research becomes clear, in which, by focusing on the reliable sources of Imami law with the help of the library, the analysis of making mortgage temporal will be maid, in the form of an additional condition. Considering the silence of the civil law in this matter, the present article, in a descriptive and analytical method, after examining the history of discussions in the works of jurists, criticizes each of the arguments presented and after making some considerations, finally, taking into account the requirements of the applications, the free will surrounding the contract, the principle of correctness, attention to the purpose of the mortgage (creating confidence in the mortgagor and motivating the payment of debt in the mortgagor) and attention to the rational and case benefits of making contract temporal and legal logic, reaches the conclusion that the agreement on making temporal is correct and it does not conflict with its inherent qualities. At the same time, the alleged consensus on the invalidity of the temporary mortgage is not without controversy, and does not hold up against the evidence of the correctness of making temporal. In general, it seems that the presumption of invalidity or at least doubt in the correctness of making mortgage temporal, in the Islamic and civil law, has led the regulators of these contracts to make the whole contract temporal, in such a way that the interests of the some bank contracts are secured, from the supposed problem of the timing. In fact, with this action, while the bank enjoys the rational benefits of mortgage timing, they also distance themselves from this possible problem. Finally, it should be said that the timing of the mortgage and its inclusion in the official documents, in Iran's legal system, not only does not face any obstacle, but considering its rational benefits, it is also compatible with the legal logic and customs of the society. On the other hand, the need to amend the laws and regulations of the legal system in order to make it more efficient requires that every research should include a section for presenting suggestions to the legislator. Based on this, it is suggested that, like the amendments made in some articles of the civil law, in the years after its approval, in order to clear any doubts, the correctness of the timing of the mortgage should also be included in the text of the civil law, with the following content: "Article 794 bis (recommended): The mortgage contract can be long-term and the condition of the mortgage being long-term is not void. In this case, if the considered time comes before the payment of the debt, it is like that from then on, until the payment of the debt, the mortgage guarantee is not considered and the debt is free of mortgage. In this case, the agreement on making temporal, depending on the case, will be interpreted in line with the conditional will to guarantee religion and its belongings and related matters as much as possible. In any case, the conditional defendant can request the mortgage after fulfilling all his obligations.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

Soffeh

Issue Info: 
  • Year: 

    2008
  • Volume: 

    16
  • Issue: 

    45
  • Pages: 

    38-53
Measures: 
  • Citations: 

    0
  • Views: 

    4481
  • Downloads: 

    0
Keywords: 
Abstract: 

This paper reviews the efforts of the affected population to cope with the deficiencies in the common temporary shelter solution-the tent. After a brief review of the theoretical framework, common solutions for temporary shelter after disaster are reviewed in past earthquakes. Examples include earthquakes in Italy (1968-1980), Japan (Kobe 1995), and Iran (Gilan and Zanjan, 1980).The paper then reviews field observations in Lorestan Earthquake (2006). In this earthquake, tents were provided as temporary shelter after disaster. The deficiencies of this form of shelter range from environmental comfort to social problems. To solve these problems, the affected community provided many innovative solutions which can be used in similar situations.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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