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Author(s): 

QORBANI MAHDI

Issue Info: 
  • Year: 

    2014
  • Volume: 

    10
  • Issue: 

    35
  • Pages: 

    93-110
Measures: 
  • Citations: 

    0
  • Views: 

    699
  • Downloads: 

    0
Abstract: 

Political systems can be divided into unity oriented and plurality oriented systems based on their inclination toward unity or plurality. Orientation toward unity in the field of politics is applied in ideas that concentrate on political power and considers the right to sovereignty as an exclusive right of government and its will. On the contrary, plurality oriented approach insists on the diversity of power sources and their distribution among competitors. The truth is that both approaches are extreme and has led them to face challenges in theory and practice. Under these circumstances, the urge to find an alternative for them guides us toward the idea of “unity despite plurality” in the theory of welayate faqih.In this theory, “unity despite plurality” can be followed in two related fields i.e. political structure and political thinking and practice and it can be introduced as one of the functions of welaayate faqih.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    15
  • Issue: 

    1
  • Pages: 

    129-166
Measures: 
  • Citations: 

    0
  • Views: 

    231
  • Downloads: 

    0
Abstract: 

Obligations of the type of legal duties are stated for the lawyer and not contractual obligations that can be requested to be fulfilled. Among these duties are observing the interests of the client and not exceeding the limits of the granting authority mentioned by the legislator in Article 667 of the Civil Code. In this study, we seek to investigate whether the action of the attorney within the given authority is the same as the observance of the client's interest or that each of the permission and interest is different from the other and acting on each of them prevents the attorney from doing the case? In other words, is there unity or discretion between permission and interest? After researching the law books and the writings of the jurists, the authors came to the conclusion that permission (authority) and interest are not the same and each is different from the other, and the attorney should do each of these within each other. Also, by drawing the scope of interest, it became clear that by accepting the theory of multiplicity, the guarantee of non-observance of interest is not more than one case and there is no need to express the three assumptions that exist in legal writings.

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Author(s): 

Karimian Seyqalani Ali

Issue Info: 
  • Year: 

    2023
  • Volume: 

    19
  • Issue: 

    75
  • Pages: 

    69-88
Measures: 
  • Citations: 

    0
  • Views: 

    43
  • Downloads: 

    0
Abstract: 

The problem of the unity of the body or its plurality for every human being, like the problem of the unity or plurality of the soul, is one of the controversial issues in classical philosophy. In the religious documents, though in the initial view, there seems to be an apparent conflict, but in general, a favorable conclusion can be reached. This article has investigated the documents in this regard with the descriptive method and content analysis. Research findings show that according to religious documents, every human has two "material" and "imaginary" bodies. But regarding the number of souls, there is a difference of narrations, some narrations consider man as having two spirits "Al-Hayavan" and "Al-Aql" and some narrations consider man as having five spirits "Al-Quwwa, Al-Shahwa, Al-Madraj, Al-Iman and Al-Quds". Also, it seems that the second category of narrations can be combined with the first category, and the narrations about the five spirits refer to the powers of the animal soul and the soul of the mind.

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Author(s): 

Naeemi Seyed Morteza

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2024
  • Volume: 

    53
  • Issue: 

    4
  • Pages: 

    625-645
Measures: 
  • Citations: 

    0
  • Views: 

    42
  • Downloads: 

    16
Abstract: 

AbstractOne of the important questions in the descriptive theory of contracts is related to the basis of contractual remedies. The question addressed is regarding the basis of each of the methods chosen by the legislator as a remedy for breach of contractual obligation and whether this basis is the same for all types of remedies. The answer to this question requires the presentation of an interpretive theory that helps us to understand and reform the existing legal system and also assists in presenting a general theory of the contract law system. In this article, in response to the proposed question, a comparative study has been conducted on the two legal systems of common law and Iranian law.In the common law legal system, though with slight distinctions in different countries, two general methods of contractual remedies are provided: The first type of remedy is the court's order to the defendant to perform the obligation as promised in the contract, and the second type of compensation is damages, which is usually in the form of expected damages. Some lawyers in the common law believe that these two methods follow a single basis, while others believe that there are multiple bases for the justification of remedies. According to the first theory, damages are considered a particular type of performance, and both specific performance and damages confirm the original obligation. This theory, in a way, establishes the principle of the domination of will in justifying both remedy methods. The second theory, which supporters of civil recourse theory defend more, holds that the court issues the duty to pay damages, and it is an entirely new obligation whose purpose is to compensate for a civil wrong. Contrary to the order to specific performance, which is a response to rights, paying damages is a response to wrongs.In Iran's legal system, there are several remedies for breach of contractual obligation: the right of lien (in bilateral contracts), specific performance, damages (for delay in performance or non-fulfillment of obligation), and termination of the contract (right of rescission). There is no coherent and unified theory regarding the foundation of these remedies, and most legal authors have discussed the ground of each one separately and independently from each other. For example, regarding the basis of the right of lien, the principle of mutual dependency of considerations, the principle of balance, the will of the parties, and the existence of mutual obligations have been mentioned. Concerning the foundation of specific performance, sometimes the domination of the will and sometimes the community interests have been invoked. Regarding damages, some have pointed to the parties' will and others to the legislator's order. For the basis of the right of termination, the conditions included in the contract, the custom and usages of resorting to mutual obligations, and finally, the necessity for total compensation for the loss have been invoked. By studying these theories, we can conclude that Iranian jurists do not believe in a single basis for these remedies, and as a result, they favor the view of plurality.In this research, I have claimed that the different ways of contractual remedies follow a common basis, and all of them are derived from the objective will of the parties. Then, the legislator's purpose is to guarantee the collaborative will of the parties. In other words, all the methods of remedies can be considered to be rooted in the objective and collaborative will of the parties, which is guaranteed and supported by the legislator. The collaborative will realized during the contract's conclusion, sometimes explicitly and sometimes implicitly, contains customs, conceptions and expectations that result from a long-standing and enduring process of evolution in an economic and social context. The parties do not enter into a contract in a vacuum and are more or less aware of the customs and laws that have been formed concerning the contract in question. They expect contractual obligations to be performed and often this expectation is fulfilled, but when this expectation is not met, they go for what they expect rationally and logically, and this expectation is a function of economic and customary logic. In this way, specific performance, right of lien, damages, or right of termination are all customary expectations that can be discovered and recognized in the minds of contractual parties as community members. According to these customs and based on them, the legislator does not get away from ensuring the parties' collaborative will and chooses remedies rooted in these custom-based wills. By defending the idea of unity in contractual remedies and relying on the objective or customary will of parties, it is possible to distinguish between the two traditional areas of private law: contract law and torts. This division draws a fine line between them and requires a thorough understanding of the contractual system.Another advantage of this theory is that it raises the possibility of presenting a defensible contract theory that can provide a coordinated and coherent interpretation of the contract system.

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Author(s): 

Khademi Somayeh | Sanaee Ali

Issue Info: 
  • Year: 

    2024
  • Volume: 

    12
  • Issue: 

    24
  • Pages: 

    439-464
Measures: 
  • Citations: 

    0
  • Views: 

    18
  • Downloads: 

    0
Abstract: 

There are various viewpoints on the levels of creation and issuing the plurality of unity in the history of Islamic thoughts. Among them, Abu Hamed Ghazali and Ain al-Quzat Hamedani, despite their discrepancies with Islamic Peripatetic Plotinus in the theory of Emanations and oneness (Al-Vahed) principle, keeping theoretical aspects, tried to solve the problem through illuminations perspectives and with the discussion on light and manifestation. The present study implemented a comparative-analytical methodology to investigate the ontological view of Ghazali and Ain al-Quzat in issuing the plurality of unity. The findings represent that the concept of the Great Soul in the ontological system of Ain al-Quzat has similarities with Mutaa in Abu Hamed Ghazali's view. The Great Soul and Mutaa refer to a divine order responsible for creation and world regulation. Both viewpoints are examples of Mohammad’s light which is the first manifestation of Nour al Anwar (light of lights). Ghazali focused on its true knowledge aspect and Ain al-Quzat on its ontology. Although Mutaa and Great Soul have similar nature to the First Intellect of Islamic Peripatetic since their relations to God is like the relation between light and the source of light, they lack true existence and agency. Therefore, rejecting the linear and sequential order of creation, both thinkers raised the view of stewardship or the coexistence of the creator with creatures.

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Author(s): 

SOLATI YAHYA

Journal: 

WISDOM AND PHILOSOPHY

Issue Info: 
  • Year: 

    2015
  • Volume: 

    11
  • Issue: 

    1 (41)
  • Pages: 

    107-124
Measures: 
  • Citations: 

    0
  • Views: 

    1161
  • Downloads: 

    0
Abstract: 

The Quality.of Issuing a plurality of unity is the Important and central issues in philosophy that Islamic scholars are interested in it for two aspects: THE agency of God and the appearance of Multiplicity in world. Ibn Sina and Suhrawardi have explainedemanation theory based on “Al-Vahed’’ axiom. In this context, despite differences in principles, they have done in a certain way, so that Ibn Sina explains this theory based on dual necessity and possible directions in decuple reasons and by assuming of the credit plurality of first reason, while Suhrawardi has examined in detail contrast and the difference between the Light of Lights (Noor ul-Anwar) and first light (Noor-e Avval) by mentioning to imperfection of these two aspects and he points to endless chain of the longitudinal and transverse lights according to the broad directions of illumination (Eshragh) and observation. Also, He proves the category of the Lord of the varieties based on the principle with an emphasis on imaginary world. Thus, he replaces the mutual interaction of Illuminative optics (Noorshenâsi-e Eshraghi) with uncompromising necessity and one-sided Peripatetic ontology. About Creation, Suhrawardi knows divine Knowledge from the kind of the Eshraghi increase by rejecting of ethereal (Enayati) science and he attributes the process of the formation of the universe to the amazing system of Lights (Anwar).

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    51
  • Issue: 

    2
  • Pages: 

    560-543
Measures: 
  • Citations: 

    0
  • Views: 

    52
  • Downloads: 

    9
Abstract: 

Sometimes, different injuries happen to one person. For instance, as the result of a battery, both the ear and the sense of hearing of the injured person are damaged. The question is whether, in this case, the injured party is able to claim compensation for one or multiple damages. While in Islamic jurisprudence (Feqh), it is generally believed that each injury results in a separate blood money (not cumul principle), four theories exist in this respect; in one theory, injuries which are alongside with each other are treated differently from those which do not have this qualification. One theory takes the place of various injuries into consideration. One, focuses on the relation and dependency of the injured parts and finally, one differentiates between injuries occurred by one or multiple hits. Considering the principle of full compensation, it seems that the plaintiff is liable to seek compensation for each injury unless according to civil liability regulations, they are counted as one. The current penal code accepts the not cumul, which reinforces the full compensation principle. However, claiming one or multiple blood money depends on the judgment of civil liability’s general rules and existent theories are only presumptions.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    1
  • Pages: 

    331-358
Measures: 
  • Citations: 

    0
  • Views: 

    67
  • Downloads: 

    3
Abstract: 

IntroductionThis study aims to investigate the relationship between the world of unity and the world of plurality based on Quranic reading and tries to reject the rival theory and the hypothesis of "establishing a relationship between unity and plurality based on the personal unity of existence" based on studies and analyzes. Examine the basic Qur'an. The body of research consists of: explaining the personal unity of existence and critique of rival theories and reciting and explaining the Qur'an the chosen theory. By studying the relative interactions of the world of plurality with the world of unity, several studies have been conducted, including: the article "The possibility of personal unity of existence in transcendent wisdom" by Hossein Suzanchi; The article "A method and in proving the content of the personal unity of existence" written by Vahid Vahed Javan et al .; Article "Unity and plurality of existence in transcendent wisdom and mysticism" by Seyyed Hamid Reza Hassani; The article "Reflections on the Evidence of Personal Unity of Existence" written by Mohammad Ali Mohiti Ardakan and Mohammad Fanaei Eshkevari. Although these articles have somehow dealt with the relationship between the world of unity and the world of plurality and the analysis of the personal unity of existence, they have never targeted the basic and documented reading of the Qur'an, which is the mission of this research. MaterialThe present research is a research, theoretical and its method is descriptive-analytical. The research approach is also qualitative; Qualitative research requires identifying sources related to the research topic, studying texts, understanding the meaning of the text and extracting the desired content from these sources, establishing a relationship between the content and describing and analyzing them, and discussing and concluding the collected information. ResultsBased on research and referring to the Holy Quran, it was found that the relationship between the world of plurality and the world of unity is of the type of relationship "was" and "appearance" or the relationship of "truth of existence" and "manifestation of existence" called "personal unity of existence" Is summarized. There are many verses to prove this mystical approach in relation to the world of plurality and the world of unity. With the mystical analysis of the relevant verses, the strategic statement "Existence is unique in the Almighty and the world of possibilities is its manifestations, manifestations and events" was extracted, which can be the basis for further research on the system of Qur'anic mysticism. ConclusionIn mystical ontology, how the world of plurality relates to the world of unity is one of the main axes. The relationship between the world of unity and the world of plurality has long been the subject of controversy among philosophers and sages. Different views are presented in this regard. What has been considered most of all is the theory of the personal unity of existence in these proportions. Mystics try to develop this theory with rational and intuitive analysis and base it on other scientific theories. Based on research and referring to the Holy Quran, it was found that the relationship between the world of plurality and the world of unity is of the type of relationship "was" and "appearance" or the relationship of "truth of existence" and "manifestation of existence".

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    1-15
Measures: 
  • Citations: 

    0
  • Views: 

    4
  • Downloads: 

    0
Abstract: 

Climate change is one of the most critical issues that, in recent years, has garnered significant attention within the fields of law and international relations. This issue has a strong and intricate connection with various legal and political domains. The objective of the present study, conducted using a descriptive-analytical method and based on library research tools, is to explain the status of human rights norms concerning climate change and the right to education. The findings of this research indicate that the existing norms have mostly been adopted in the form of non-binding instruments and soft law documents. Moreover, the breadth of these norms has led to their deep interconnection. The results of the study demonstrate that although climate change is primarily an environmental law issue, it directly and indirectly affects the right to education. This condition reveals that the international human rights legal system is experiencing significant fragmentation and expansion; within this context, a dual tendency toward unity amidst the plurality of human rights norms is evident.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    2
  • Pages: 

    331-358
Measures: 
  • Citations: 

    0
  • Views: 

    37
  • Downloads: 

    0
Abstract: 

IntroductionThis study aims to investigate the relationship between the world of unity and the world of plurality based on Quranic reading and tries to reject the rival theory and the hypothesis of "establishing a relationship between unity and plurality based on the personal unity of existence" based on studies and analyzes. Examine the basic Qur'an. The body of research consists of: explaining the personal unity of existence and critique of rival theories and reciting and explaining the Qur'an the chosen theory. By studying the relative interactions of the world of plurality with the world of unity, several studies have been conducted, including: the article "The possibility of personal unity of existence in transcendent wisdom" by Hossein Suzanchi; The article "A method and in proving the content of the personal unity of existence" written by Vahid Vahed Javan et al .; Article "Unity and plurality of existence in transcendent wisdom and mysticism" by Seyyed Hamid Reza Hassani; The article "Reflections on the Evidence of Personal Unity of Existence" written by Mohammad Ali Mohiti Ardakan and Mohammad Fanaei Eshkevari. Although these articles have somehow dealt with the relationship between the world of unity and the world of plurality and the analysis of the personal unity of existence, they have never targeted the basic and documented reading of the Qur'an, which is the mission of this research. MaterialThe present research is a research, theoretical and its method is descriptive-analytical. The research approach is also qualitative; Qualitative research requires identifying sources related to the research topic, studying texts, understanding the meaning of the text and extracting the desired content from these sources, establishing a relationship between the content and describing and analyzing them, and discussing and concluding the collected information. ResultsBased on research and referring to the Holy Quran, it was found that the relationship between the world of plurality and the world of unity is of the type of relationship "was" and "appearance" or the relationship of "truth of existence" and "manifestation of existence" called "personal unity of existence" Is summarized. There are many verses to prove this mystical approach in relation to the world of plurality and the world of unity. With the mystical analysis of the relevant verses, the strategic statement "Existence is unique in the Almighty and the world of possibilities is its manifestations, manifestations and events" was extracted, which can be the basis for further research on the system of Qur'anic mysticism. ConclusionIn mystical ontology, how the world of plurality relates to the world of unity is one of the main axes. The relationship between the world of unity and the world of plurality has long been the subject of controversy among philosophers and sages. Different views are presented in this regard. What has been considered most of all is the theory of the personal unity of existence in these proportions. Mystics try to develop this theory with rational and intuitive analysis and base it on other scientific theories. Based on research and referring to the Holy Quran, it was found that the relationship between the world of plurality and the world of unity is of the type of relationship "was" and "appearance" or the relationship of "truth of existence" and "manifestation of existence".

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