Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
Background and purpose: In the current research, by examining the theories, procedures and internal banking contracts, as well as by studying the banking laws and regulations and the civil law, we find that these types of contracts, although they are not specified in the civil law, have a legal face ...
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Background and purpose: In the current research, by examining the theories, procedures and internal banking contracts, as well as by studying the banking laws and regulations and the civil law, we find that these types of contracts, although they are not specified in the civil law, have a legal face and according to Article 190 of the law Civil contracts are concluded and valid, and on the other hand, according to the nature and using the customer's position of weakness when concluding the said contracts, banks impose conditions and obligations on the buyer that distinguish them from other contracts, which are mentioned in the text, the differences It is examined in detail and we also find out at the end that the mention of installment sales contracts in the law of usury-free banking operations should not create the illusion of its monopoly, in other words, the conclusion of such contracts is prohibited in societies outside the banking system if it is not against the propositions of public order and good morals. does not turnResearch method: The current research method is analytical-descriptive of applied type and using laws and regulations and library resources, especially banking laws and regulations.Findings: The meaning of installment sale is the transfer of the same thing at a known price, otherwise, all or part of the said price is received in equal or unequal installments on the due date or due dates.
Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate ...
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The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate from the general civil responsibility has been formed; But in domestic law, in the existing doctrine, a consensus has been formed in the inadequacy of the general rules of responsibility in this area; The consensus that believes in the separation of the nature of personal losses from environmental losses and the necessity of constant compensation for these types of losses, but what is different is the justification basis for this responsibility. In the first presented views, some jurists have introduced risk theory as a justifying factor; But some others have tried either by referring to scattered jurisprudential texts which, in their view, indicate unconditional responsibility in public spheres, or by referring to the jurisprudential rule of respect for property, which is both the rule of loss and non-loss, to provide maximum support for pure liability. Accept from the environment. A group also considered the growing social needs to be sufficient for designing an exceptional system of responsibility in this field, and believed in establishing a system of pure responsibility by the legislator
Jurisprudence and the Essentials of Islamic Law
Batul Mohammadi
Abstract
Purpose: The issue of having children and paying attention to the generation has been one of the most important aspects of human life, and for this reason, God has institutionalized the desire and love for children in his nature, and in all divine religions, he has encouraged man to have children according ...
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Purpose: The issue of having children and paying attention to the generation has been one of the most important aspects of human life, and for this reason, God has institutionalized the desire and love for children in his nature, and in all divine religions, he has encouraged man to have children according to his nature. . The religion of Islam, in the form of verses of the Qur'an and the traditions of the innocents (PBUH), has commanded childbearing and has confirmed its many merits. He has paid attention and in case of fulfilling the special conditions of the individual, the family and the society, he has ordered the increase of generations and the multiplication of the population, and he has considered it one of the important benefits of Islamic societies and one of the factors of power and authority. Also, during the effort to increase the generation, he did not give up on its qualitative improvement and with the series of orders mentioned in the religious sources, he demanded the improvement of perfection and the mental and physical desirability of the child.Research method: In this study, all the articles published in Persian language until the winter of 1401 in the field of childbearing from the perspective of the Qur'an and the Imams of Ahl al-Bayt (AS) were examined. These articles are searched through databases, Fiqh Research Quarterly and Fundamentals of Islamic Law, Hohza information base, sid.ir, Comparative Fiqh Quarterly and Civilica publications, using keywords such as Quran, Hadith, childbearing, procreation, desirability, child. have been obtained. It has also been extracted from the above-mentioned articles and websites from reputable scientific journals. Findings: Throughout history, this discussion has always been a source of controversy and disagreement among thinkers, and the proponents and opponents of the multiplication of generations have insisted on refuting each other's opinion by enumerating the disadvantages and advantages of a large population. On the other hand, the way to achieve and obtain a child, and in other words, the many and varied methods of having children, are other important topics in this field, and the religion of Islam expresses its views in order to evaluate the quality of these methods, and if any method is adopted, it gives recommendations on how to do it. Directly in the hadiths or abstracting rulings from the hadiths, he has dealt with new issues.Conflict of interest: The author hereby declares that there is no conflict of interest regarding the present research.
Jurisprudence and the Essentials of Islamic Law
Yousefi Tayabeh
Abstract
Background: Doubtless, revival and implementation of two significant and recommended principles of Islamic religion, namely “do the good” and “forbid the evil” in all areas and facets of life, especially in economy, are highly effective in this process. In Islamic economic system, ...
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Background: Doubtless, revival and implementation of two significant and recommended principles of Islamic religion, namely “do the good” and “forbid the evil” in all areas and facets of life, especially in economy, are highly effective in this process. In Islamic economic system, the motivation of economic affairs is the God’s pleasure and the goal; economic health of the individual, the family, and community are on the way to realize social justice and real installments.Materials and Methods: In this study, all the articles published in Persian until the autumn 2022 were examined based on do and don’t economic instances in the Quran and hadiths. These articles were searched through databases, Research Institute of Islamic Sciences and Culture, Astan Qods Razavi Research Foundation, sid.ir, Islamic Jurisprudence Quarterly and Civilica publications, Private Law Research Quarterly, and have been obtained by using some keywords such as do and don’t economic affairs, quint, religious tax, usury, and fraud in the transaction that have further been extracted from the above-mentioned articles and websites from reputable scientific journals.Results: In Islamic economic system, the good economic affairs have been established to raise the welfare level of the needy, economic balance, and establish social justice. From the Islamic jurisprudence viewpoint, the position of financial resources for economic, social, and political growth and progress is a prominent and decisive position; just as development is a fundamental position. However, each of these two sources of worship and economy has their own places in Islamic society, and based on expediency and benefits, they are obligatory in some cases and recommended in others. If this category is properly institutionalized in society and the public observe its effects and achievements, they will doubtless turn to the good economic ones in jurisprudence.
Jurisprudence and the Essentials of Islamic Law
Mehrangiz Karimi
Abstract
Prison is a category which is relevant to the crime and deviation (from laws, mysticism and ethics) in society. Throughout human history, there have always been those who have acted in contrast to the laws and regulations of society, and the governing systems of societies have provided punishments for ...
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Prison is a category which is relevant to the crime and deviation (from laws, mysticism and ethics) in society. Throughout human history, there have always been those who have acted in contrast to the laws and regulations of society, and the governing systems of societies have provided punishments for such individuals to avoid society from deviating and to uphold its laws and morals. On one side, one of these practices and tools is to punish, and on the other side, to return criminals to the normal life in society. Prisons were in the early days of Islam, either in Hejaz or in Iraq. At that time, the Holy Prophet and the first caliph did not have a particular prison or place to imprison criminals. Prison was applied as a harsh punishment with very difficult conditions, more specifically against those who acted against the regime. With the advent of the Islamic Revolution, the Islamic law on Iranian prisons was implemented. Primarily the purpose of classifying prisoners is to avoid and prohibit possible harm to the prisoner, as well as to make it easier to keep prisoners, so as to make the least issues for themselves and prison officials, and to enhance the classification and education and rehabilitation of the prisoners, as well
Jurisprudence and the Essentials of Islamic Law
Leila Hosseinzadeh Cham Gordani
Abstract
Education, in general, and religious education, in particular, in any education system is impacted by viewpoints, research, their critiques and assumptions governing them can protect educational systems from harm. It is essential to investigate the identity of religious education and position of religious ...
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Education, in general, and religious education, in particular, in any education system is impacted by viewpoints, research, their critiques and assumptions governing them can protect educational systems from harm. It is essential to investigate the identity of religious education and position of religious experience in this field by reflecting Islamic issues.This is a theoretical research aims to inform factors affecting education, Islamic philosophers and scientists’ views about education, indicators, characteristics of Quran religious education, principles, goals, methods, obstacles and strategies of Quran religious education and the most prominent question as what is Quran religious education, its strategies and deterrents? The research method is analytical-descriptive in which information is collected as library- based and by referring to the documents related to the research topic. The results of descriptive analysis of research data indicate that education has been one of profound issues to various religions and schools throughout the centuries and religious and Quran education has features, principles, principles, methods are particular strategies following religious teachings, Islam and Quran remove obstacles and impediments. According to the findings, to achieve the desired religious and Quran education, professors, teachers and families should be the first and most effective factor in advancing this issue by adopting new and original methods.
