List of Islamic jurisprudence subject articles

Open Access Article

1 - Comparative Study Of late Payment Damage With Usury
Babak Mohammad Rezapour Faezeh Jahani Moghadam

In the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in m More

In the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in most banking systems as well as in various legal rules. But this principle in Islamic countries has sometimes interfered with the concept of Reba, so that some jurists consider it as a Reba and have forbidden it. This principle has been widely debated in our country, but it has been accepted by the legislature as a principle. However, there are still many challenges regarding the legitimacy or lack of legitimacy of the principle of delayed payment penalty in the banking system. In this paper, it is attempted to address the reasons for the legitimacy of the delayed payment penalty in the banking system. Manuscript profile

Open Access Article

2 - The legal status of possessions in the parliament
Javad Vahidizadeh seyyedeh maryam asadinejad

Although sale contract is a binding and uncancellable contract, if the seller and buyer sign the sale contract in a meeting place, as long as they are in the meeting place they can cancel the contract without explanation of their reason. In fact, it is the application o More

Although sale contract is a binding and uncancellable contract, if the seller and buyer sign the sale contract in a meeting place, as long as they are in the meeting place they can cancel the contract without explanation of their reason. In fact, it is the application of the meeting place contract that creates such a right for the parties. Nevertheless, the buyer and seller can exclude the “meeting place option” through including a condition in the contract or by leaving the meeting place or separation of the parties or the seizure of the sold item/price. As there is a difference of opinions among the jurists as regards the mode of dissolution that is the goal of “meeting place option”, the jurists are also divided on the the seizure of the sold item/price of the option because the separation of parties and the seizure of the sold item/price are two sides of the same coin. Some jurists believe that the seizure of the sold item/price may result in the cancellation of option but some others would even imply the implementation of the option of meeting place and the bindingness of the contract. In the present essay, after the analysis of the concept of “metting place option”, we discuss the conditions of the realization of metting place option as well as those occasions that lead to the cancellation of the meeting place option and the finalization of the sale contract. Moreover, our study of the public notion of the seizure of the sold item/price renders it clear that option belongs to the contract not to the exchanged items. Also the material seizures that takes place being informed of the existence of the option leads to the cancellation of the meeting place option but such modes of seizure like selling or leasing the sold item by the seller might be understood as an act of actual cancellation. Manuscript profile

Open Access Article

3 - Legal And Jurisprudential Study Of The Commonalities And Differences Between The Legal Action Of Taking Possession And Delivery Of Object And The Temporal Symmetry Of These Two Legal Acts In The Contract Of Sale
Saleh Yamrali reza shahidi sadeghi

Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law an More

Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law and personal relations, contract law and Islamic jurisprudence which regulated and attentioned by legislators and Sharia has been holy. according to the Iranian legislator, the essential elements for the validity of a contract in reciprocal contracts have always been considered by the parties to the contract (contractors) so that the contract is considered valid and effective in conditions of legal and jurisprudential status. one of these essential elements the validity of contract and in particular the contract of sale, the existence of the object of the contract and necessity for seller ability to delivery of object to the other party to the contract and their taking possession in order to fulfill contractual obligations. In this article, the author has tried to briefly state the conditions and characteristics of legal actions of taking possession and delivery, and then discuss the differences and analytical discussions of the incident between lawyer and jurisconsult and in addition, to stating the differences between taking possession and delivery and to the contract of sale, wants to reach to a result and point of view on this matter. Manuscript profile

Open Access Article

4 - The Place Of Justice In Imamih Jurisprudence
Mehdi Torkashvand Sedigheh Zahedifar Ali Hossein Ehtashami

The study of the issue of justice in jurisprudence is of great importance; Because everywhere in jurisprudence, from worship and politics to judicial issues and the like, we find rulings that are tied to human justice. Justice must be observed in all aspects of human li More

The study of the issue of justice in jurisprudence is of great importance; Because everywhere in jurisprudence, from worship and politics to judicial issues and the like, we find rulings that are tied to human justice. Justice must be observed in all aspects of human life. Justice is proved by the good appearance of individuals, the prevalence and martyrdom of the two just. And justice by committing a sin (how great, such as polytheism, adultery, sodomy, apostasy, etc. The criterion of being a great sin is that in the narrations and verses the promise of punishment has been promised for it, and what a minor sin). Disappears. Of course, some jurists believe that all sins, even minor ones, are major; Because in all of them, God becomes a sinner. And this theory is strong. (That is, sin, whatever it may be, is God's sin in it, and there is no need to divide the great and the small). There is a difference of opinion among the jurists as to why justice falls against morality; And the correct statement is that against morality, justice will fall. But by repenting again, one's justice is established. Manuscript profile

Open Access Article

5 - A Reflection On The Positive Principle And Its Application In Iranian Jurisprudence And Law
Behnam Ghanbarpour Seyyed Ali Jabar Golbaghi Masoleh

The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authen More

The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authenticity in other interpretations of signs. The necessity of research on the positive principle is that the positives and rational and Shariah requirements are of fundamental use in jurisprudence and subject law. And it can be the basis of the judge's decision in some cases; For example, if due to the immaturity of the contracting parties, there is doubt about the nullity of the transaction, By referring to the positives of the authenticity principle, it is possible to judge the authenticity of the transaction; Now this question is raised whether the rational, customary and normal principles of practice have also been taken into consideration by jurists and lawyers? The findings of the current research, which is organized in a descriptive and analytical method, indicate that the positive aspects of signs are evidence; But the positives are practical principles that are considered as apparent rules, And they are used in practice when in doubt, and in the real world they have no discovery of the truth. They do not have the ability to hold. As a result, the rational and customary positives of practical principles such as the principle of association and the principle of acquittal cannot be effective in judicial procedures and will not be invoked. Manuscript profile

Open Access Article

6 - Investigating the formation of fake news and examining modern forms of fake news
Hadi Abangah azgomi

News reporters are a special group in the jurisprudence and hadith of Shia Islam, whose way of thinking has cast a shadow over the people and seminaries for years. The founder of this sect was Mohammad Amin Esterabadi, who, by residing in Medina and writing the book "Fa More

News reporters are a special group in the jurisprudence and hadith of Shia Islam, whose way of thinking has cast a shadow over the people and seminaries for years. The founder of this sect was Mohammad Amin Esterabadi, who, by residing in Medina and writing the book "Fawaed al-Madaniyah," spread his beliefs in Iraq and Iran. He considered deduction and ijtihad to be "innovation" and rejected them, believing that only the apparent meaning of hadith should be adhered to and that only the infallible Imams (AS) could interpret the Quran and hadith, which is beyond the capacity of ordinary people. He also disregarded reason and consensus. His opinions were similar to Sunni Ahl al-Hadith to some extent, although he differed from them in terms of belief. The thought of Esterabadi news reporting led to more attention being paid to hadith books, but it resulted in harmful effects such as regression, sectarianism, and superficiality, which hindered rational thinking. Of course, the thought of Esterabadi news reporting was limited and restricted by the efforts of scholars, but its effects can still be seen to some extent: the emergence of modern news reporting in today's world from Egypt to Iraq, Syria, Saudi Arabia, Afghanistan, etc., and cultural news reporting among elites and people are examples of this category. Manuscript profile

Open Access Article

7 - A Reflection on the Two Dimensions of Human Rights and the Rights of Pilgrim Tourists in the Mina Tragedy with an Emphasis on the Role of Relevant Organizations
Sommaye Eshkevaryan

The violation of human rights, both as a customary rule and as rights enshrined in human rights documents, was evident in the Mina tragedy. More than ever, the intervention of the United Nations as an organization that safeguards peace and human rights was needed, using More

The violation of human rights, both as a customary rule and as rights enshrined in human rights documents, was evident in the Mina tragedy. More than ever, the intervention of the United Nations as an organization that safeguards peace and human rights was needed, using the capacities of the Security Council and the Human Rights Council to assist the victims' families. Additionally, peaceful resolution of this tragedy required the intervention of the Organization of Islamic Cooperation, which, according to its goals, should have entered into negotiations and provided a platform for cooperation between two governments. Manuscript profile

List of articles (by subject) Islamic jurisprudence