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Author(s): 

DARAEI MOHAMMAD HADI

Issue Info: 
  • Year: 

    2020
  • Volume: 

    25
  • Issue: 

    90
  • Pages: 

    113-131
Measures: 
  • Citations: 

    0
  • Views: 

    287
  • Downloads: 

    0
Abstract: 

Endowment under Islamic law is a permanent type of contract which cannot be revoked and it is a consensus among Shiite jurisprudents. It is a kind of contract which has been based upon a religious thoughts as well as provides great heavenly reward and includes social and economic effects. These are special characters which lead Endowment to be a more concrete contract with special imperative rules. But, a survey regarding jurisprudent books shows that, some of them sometimes let Endowment to be revocable by special stipulations in the contract, which is against the consensus on irrevocability of an Endowment. Although most of the Shiite jurisprudents accepted these stipulations, but some others are against them. In this article arguments relevant to both ideas are considered. These stipulations are not accepted under the civil law of Iran and it can be deducted from it that Endowment cannot be revoked and are bounded from the time of contract.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    5
  • Issue: 

    9
  • Pages: 

    9-40
Measures: 
  • Citations: 

    0
  • Views: 

    1239
  • Downloads: 

    0
Abstract: 

Iqaalla-h is an agreement between two parties to revoke voluntarily a revocable contract. The legitimacy of revocation (iqaala-h) can be justified based on Koranic verses and with the assistance of reason, as well. Jurisprudents, however, consider traditions from the holy prophet of Islam (p.b.u.h) sufficient in this regard, among which there is the tradition”.Anyone who accords with the other party’s willingness to revoke an agreement, God will accept your (the prophet’s) intervention, on the Doomsday, for that person’s sins to be forgive”. The jurisprudents of two Islamic Sunni branches, Maalikee and Hanafee, regarded revocation (iqaalla-h) as a religiously recommendable action (mosta-hab) which accords with pthe prophet’s traditions.Jurisprudents of the two Islamic branches, Maalikee and Hanafee, all consent to revocation (iqaala-h) referring to the traditions of the holy prophet (p.b.u.h) and have stated its authenticity.However, there is disaccord among them concerning the definitions, conditions, nature and effects of revocation (iqaala-h). Shaafeide jurisprudents areall in accord with one another concerning the nature of iqaalla-h and all of them consideriqaalla-h to be revocation of a contract or agreement. Among Maalikee jurisprudents, however, there is no such an accord. Some of them consider iqaalla-hto be the revocation of an agreement or contract, whereas the majority of them regard it to be a new deal. Shaafeides treat iqaalla-has revocation. But thereare some among them who ask how anannulled contact or agreement can be revoked. The answer is thatiqaalla-his arelative rather than an absolute revocation of an agreement. Consequently the two parties can return to the first contract through a new iqaalla-h.Every agreement, however, is not revocable and iqaala-h is effective merely in revocable contractsbased on a bilateral agreement such as purchase and lease. But agreements not binding based on bilateral rights and revocable according to one party’s willingness and request such as matrimony orwaghf (the devotion of a property or estate to a religious or charity purpose) require a special justification for their revocation.The condition of increasing or decreasing is null and void in Shafeide jurisprudence, whereas in Maalekee jurisprudence it does not cause the agreement to be revoked on condition that certain rules and regulations are regarded.

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Journal: 

MEDICAL FIGH

Issue Info: 
  • Year: 

    2019
  • Volume: 

    11
  • Issue: 

    38-39
  • Pages: 

    51-68
Measures: 
  • Citations: 

    0
  • Views: 

    2805
  • Downloads: 

    0
Abstract: 

Background and Aim: "Psoriasis" is a chronic skin disease characterized by silver plaques on the skin and affecting various parts of the body, especially head and face. Since the disease can affect the strength of marital relations and due to its great similarity with Vitiligo, in this study we intend to examine the possibility of considering this disease as a vice and revocation of the marriage through it based on the principles of Islamic jurisprudence. Materials and Methods: The present study is a descriptive analytical study based on library resources. First, based on medical findings, "psoriasis" and its similarity with Vitiligo has been studied, Then the possibility of permission of revocation of marriage by this disease has been analyzed in terms of the basics of Imami jurisprudence. Findings: Because in religious texts, the reason for the permission of revocation of a marriage in Vitiligo is people hate from the patient, and this cause is also present in "psoriasis", Permission of revocation of marriage can be extended to this disease and if the disease occurs in one couple, the other party can revocate the marriage.

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Author(s): 

MOEMENI A. | MOOSAVI F.

Issue Info: 
  • Year: 

    2012
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    9-18
Measures: 
  • Citations: 

    0
  • Views: 

    6301
  • Downloads: 

    0
Abstract: 

Vitiligo is a pigmentation disorder in which melanocytes; the cells that make pigment in the skin are destroyed. As a result, white patches appear on the skin in different parts of the body. Vitiligo affects males and females of all races equally. Its study significance in Islamic texts was due to some religious prescripts in which such a disease has been considered as one of the conditions that might revoke the marriage contract of a couple in accordance with jurisprudence and legal edicts. This research was an analytic-descriptive investigation that intended to explain why some of the jurisprudents considered the vitiligo to be particularly true to women and some others took it as equally common conditions to men and women. With referring to jurisprudence references, Shiite and Sunni prescripts and religious decrees jurisprudents and lawyers doctrines and analyzing their documentations, it was concluded that famous Shiite jurisprudents and consequently the Islamic Republic of Iran civil laws considered the vitiligo to be particularly true to women. To prove their points of view they discussed and invoked the hadith, a record of the words and deeds of the Prophet of Islam and Imams of the Shiite. Some other of Shiite and the Sunni jurisprudents also took the vitiligo as the equally common conditions to men and women. They cited the hadith to justify their prescripts too.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    32
  • Issue: 

    9 (TRANSACTIONS C: Aspects)
  • Pages: 

    1290-1298
Measures: 
  • Citations: 

    0
  • Views: 

    201
  • Downloads: 

    71
Abstract: 

Security and privacy are very important challenges for outsourced private data over cloud storages. By taking Attribute-Based Encryption (ABE) for Access Control (AC) purpose we use fine-grained AC over cloud storage. In this paper, we extend previous Ciphertext Policy ABE (CP-ABE) schemes especially for mobile and resource-constrained devices in a cloud computing environment in two aspects, a novel authentication mechanism and a new revocation approach. To wide-spread adoptions of ABE for a resource-constrained device, a very light-weight authentication mechanism is required to authentication ciphertext before starting cost expensive ABE techniques to thwart Denial-of-Service (DoS) attacks which are used to power depletion and network downing purposes by attackers. We introduce and address the problem to more robustness of whole networks when DoS attacks are present. Moreover, we propose an efficient revocation mechanism which is a very important challenge in the context. Finally with a discussion on different aspects of the proposal and extensive experimental results we show its profitability.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    12
  • Issue: 

    30
  • Pages: 

    11-39
Measures: 
  • Citations: 

    0
  • Views: 

    2765
  • Downloads: 

    0
Abstract: 

As we know, the validity and credit of ancertificate (official document) is supposed as one of its most important effects, but in some cases, in order to protect the rights of individuals, the legislator has been able to abandon this value and the credit of the official document. Regarding to the fact that the rules and regulations are formally and naturally expandedon the adjusting or setting of official documents, their violation, wrongly orfaultily, in addition to be supposed as an offense or a crime, can also lead to the cancellation of that document.But it should be noted that the occurrence of any violation cannot be considered as a cancellation of official documents. The most obvious cases that could lead to the cancellation of an official document are the issuance of proprietary documents. This is due to the misconduct or violation of the competent authorities. However, the legal formalities for the adjustment of official documents are completely obvious and clear. But, the effects of the revocation of these documents are important for the beneficiaries and relevant authorities. This ambiguity leads to waste of cost and time, confusion, disagreement, and prolongation of the investigation process. So, in this paper, the elements and attributes of the proprietary documents, the invalidation process, and its effects, are cited with a documentary evidence of the Supreme Court to identify the optimal result.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    11-30
Measures: 
  • Citations: 

    0
  • Views: 

    1306
  • Downloads: 

    0
Abstract: 

Award to the wrong verdict must be prevented, so check for the annulment of the award directions, and reviews examples of the rights of cancellation of the same or different and UNCITRAL rules, and familiarity with the annulment of the mechanisms of health Amrdavry would be necessary. The study consists of three chapters, the first chapter is an overview of the concepts discussed. inference is consistent with the rights of cancellations. In the third chapter, the competent authority of the revocation and annulment of the arbitration award in the case study at the end of the revocation expressed. Due to the reliance on the provisions of the Convention in New York to protest the UNCITRAL Qvaddavry verdict was given and the cancellation of these rules can be extracted Such that it can be traced to a lack of conflict resolution rules. And according to the law of international trade is also inspired by the UNCITRAL Model Law Therefore, it has the closest match possible, and in some cases, in addition to the revocation of voting rights cases such as the award was mayhem. Relating to the validity of arbitration agreements, subject to Article 139 Q. a. It seems to sum up the different views Cancel. The invalidity of the arbitration agreement which they concluded that no principle is the end that this is the cause for annulment of arbitration award. Annulment of the decision of the competent authority to deal with the case in a court of law, civil procedure, which shall be submitted to arbitration or jurisdiction over the party's And the law of international commercial arbitration court in the provincial capital, the seat of arbitration is located And as long as the seat of arbitration is not specified Tehran General Court.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    43
  • Issue: 

    1
  • Pages: 

    99-118
Measures: 
  • Citations: 

    0
  • Views: 

    2189
  • Downloads: 

    0
Abstract: 

Prominent contemporary Jurist and commentator, Ayatollah Khu’i opines a comprehensive theory about the Naskh in Al-Bayan. He challenges all claims of Naskh in Quran by setting some conditions, except in one case. Considering that the concept of Naskh is not an optional concept and it has religious effects, it can be expanded or restricted only with valid evidence and foundations. In this paper, his several conditions for Naskh are extracted. Then three foundations have been determined to Judge about Naskh conditions. They are: “True meaning of lexical”, “Applications in Quran and Hadith” and “rational and theological requirements”. Finally only two conditions can be considered as main conditions. They are: Serious conflict between Quran verses and Asynchronous between legislation and revocation. Subsidiary condition is that the verse must be an imperative sentence. By accepting of this comment, viewpoints of Quranic Scholars, Hadiths and Jurisprudence results can be converged. In his Jurisprudence books some of these verses are not considered as a revoked verse.

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

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Author(s): 

HEMMATI MOJTABA

Issue Info: 
  • Year: 

    2023
  • Volume: 

    27
  • Issue: 

    100
  • Pages: 

    33-62
Measures: 
  • Citations: 

    0
  • Views: 

    891
  • Downloads: 

    0
Abstract: 

The cases of Revocation of the contract in the labor law are not clearly specified. The labor code, in support of the worker, has accepted the expulsion implicitly, without specifying the types and reasons and in the notes of Article 7, it has shaken indefinite contracts. In spite of amending Article 10 and Article 21 in 1394, there are still some ambiguity: What are the cases of Revocation of a contract in accordance with the clause (g) Article 10 and the clauses (g) and (H) of article 21of labor code? What authority should determine the cases of Revocation in the labor code? Research method is descriptive-analytical way. despite paragraph (g) of Article 21, paragraph (h) of Article 10 is redundant and paragraph (g) of Article 21 is not one of the ways to terminate the contract along with other cases of termination of the contract, but the legislator should Organize " revocation within labor law" in two cases: revocation at the will of the employer and revocation at the will of the worker with specific types and conditions of each. This requires amendments to the labor law to provide contractual balance in labor relations.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    63-72
Measures: 
  • Citations: 

    0
  • Views: 

    221
  • Downloads: 

    92
Abstract: 

Considering the dynamic and wireless topology of the mobile ad hoc networks (MANETs), the implementation of security in such networks is an important problem. Key revocation is a solution for this challenge which prevents the continuous presence of the attacker in the network and disclosure of confidential information. In some suggested key revocation protocols such as Liu et al.' s scheme, each node monitors the network and will send an accusation packet to the authority center if it receives a suspicious behavior from the neighboring nodes. Then, the authority center decides to revoke the key of the accused node based on the number of received accusations. Due to the fact that the participation of the nodes is time consuming, the threshold for the number of accusations is an important factor for key revocation procedure. In this paper, a stochastic model is presented to determine the optimal threshold for the number of accusations and the appropriate time for decision making in the key revocation protocol. Based on some assumptions, the threshold parameter is used in key revocation scheme of Liu et al. and results are evaluated by simulation. Simulation results show that the proposed threshold for the number of accusation packets enhances the efficiency and effectiveness of the key revocation protocol for MANET.

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