List of articles (by subject) jurisprudence
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Open Access Article
1 - Comparative study of suspension of validity conditions from the perspective of Imam Khomeini and Ayatollah Khoei
Farshid KhosraviAlthough the ruling on the suspension of validity conditions in contracts is clear and unambiguous among legal scholars, and even though according to Articles 699 and 1068 of the Civil Code, suspension in divorce and warranty is invalid, their suspension based on validi MoreAlthough the ruling on the suspension of validity conditions in contracts is clear and unambiguous among legal scholars, and even though according to Articles 699 and 1068 of the Civil Code, suspension in divorce and warranty is invalid, their suspension based on validity conditions is acceptable to legislators and legal scholars. For example, according to Article 700 of the Civil Code, the suspension of warranty based on its validity conditions does not invalidate the contract. However, since in Imami jurisprudence and among jurists, the suspension of a contract is subject to certain conditions, including its validity conditions, there is a difference of opinion among jurists regarding the validity or invalidity of such a suspensive condition. In this research, using a descriptive and analytical method, the views of the late Imam Khomeini and the late Khoei, two prominent contemporary jurists, have been examined on this issue. Based on the analysis of the opinions of these jurists, it can be concluded that although these two great scholars have different views on whether suspension invalidates a contract in its creation or origin, they agree on the ruling of suspension based on validity conditions in a contract. The difference is that unlike Khoei, who explicitly stated the ruling on such a condition, Imam Khomeini did not directly refer to this issue, and the ruling on the validity of this condition can be inferred from his fatwas. Manuscript profile -
Open Access Article
2 - Draft of the 25-year Comprehensive Cooperation Plan between Iran, China and its Benefits and Shares with the Principle of Denying Sabotage.
Hadi Abangah azgomi Milad Ramezanin Erfan Yousefi qale roudkhaniThe principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famou MoreThe principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famous prophetic hadith "Islam prevails and is not prevailed upon," and the consensus of scholars. One of the practical applications of this principle is that regulating relations between Muslims and non-Muslim nations should always prioritize the legal rights of Muslims over non-Muslims. The Islamic Republic of Iran, which has established its government based on Islamic jurisprudence, has been striving in recent years to prove its religious, political, and economic independence and not sign any agreements contrary to Islamic law, jurisprudence, and the country's interests. However, some scholars and politicians challenge this principle of jurisprudence regarding the signing of the 25-year cooperation agreement between Iran and China. Some believe that implementing this agreement goes against Islamic jurisprudence and the country's interests, while others believe that it does not violate the principle of "negation of the path" and is in the country's best interests. Therefore, this article aims to describe and compare the advantages and disadvantages of this agreement with Islamic jurisprudence, the principle of "negation of the path," and the country's interests using a descriptive method. Manuscript profile