Original Article
Private Law
Shadi Ahmadi Fateh
Abstract
The arbitration tendency is expanding due to the increasing development of national and international relations as well as the disputes specialization among individuals. Because of the parallel activities conducted by both arbitrator and the court in some cases as well as the close relationship between ...
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The arbitration tendency is expanding due to the increasing development of national and international relations as well as the disputes specialization among individuals. Because of the parallel activities conducted by both arbitrator and the court in some cases as well as the close relationship between both mentioned authorities, resolving the scope of court’s arbitration involvement seems to be an essential and problematic issue. Arbitration, as a legal and quasi-judicial technique with the aim of resolving legal disputes, due to some advantages as better justice and efficiency, protection of the parties’ interests and peaceful settlement of disputes, arbitration confidentiality, speed in resolving disputes, will lead to better and faster sentence execution. The exclusion of court’s jurisdiction does not mean that courts do not interfere in arbitral proceedings. Arbitration cannot be survived without any court’s intervention. However, this interference should be delimited and limited; otherwise it may turn into an expression to avoid referring sentence purpose to arbitration. In this regard, the court’s minimum intervention in execution of arbitral award and when the losing party refuses to execute voluntarily, it becomes essential. The courts’ involvement in arbitration can be before this, during arbitration or even after the arbitral award. At any stage, this interference, as supervisory or assisting, articulates a significant section of courts’ proceedings in arbitration process. In most legal systems, it has been considered by enactment of independent laws and articles enactment related to the courts’ intervention in its process.
Original Article
Private Law
Jalil Yarizadeh
Abstract
In the proposed research, an attempt has been made to examine and explain the viewpoint of Imam Khomeini about relationship between general and absolute and the results of Imamieh jurists, as well as the relationship between general and absolute and its application in Iran’s subject laws, the absolute ...
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In the proposed research, an attempt has been made to examine and explain the viewpoint of Imam Khomeini about relationship between general and absolute and the results of Imamieh jurists, as well as the relationship between general and absolute and its application in Iran’s subject laws, the absolute and its application in Iran’s subject laws. In this scrutiny, all articles published up to the spring 2022 in Persian on the relationship between general and absolute as well as its application in the relevant Iranian laws were examined. These articles are searched through databases, Journal of Quranic and Hadith Sciences, Journal of Religious Studies, Quarterly Journal of Private Law Research, International Congress of Religious Culture and Thought, Journal of Islamic Studies - Jurisprudence and Principles which are obtained by keywords such as general, absolute, specific, belonging, expression position. It has also been extracted from reputable scientific journals from the above-mentioned articles and websites. The present article examines the commentators’, fundamentalists, and Quranic scholars’ viewpoints on the general and absolute, as well as the extent to which they impact on differences in interpretations, more particularly jurisprudential ones, and their consequences in Iranian law. One of the topics of principles science in terms of words is the absolute and general issue, which has many jurisprudential and legal results, since the correct general and absolute knowledge and likewise, the distinction between both is necessary and essential not only in jurisprudence and Sharia issues, but also in subject law and more, the legislation art is extremely significant.
Original Article
Interpretation of Quranic Sciences
Tayebeh Emamian; Robab Emamian
Abstract
Background: In this scrutiny, it is attempted to study and explain Allameh Tabatabaei’s viewpoints in Al-Mizan Fi Tafsir Al-Quran regarding the Quran explanation and limiting this feature to God or other people. Al-Mizan Fi Tafsir Al-Quran belongs to Allameh Tabatabaei and is significant in many ...
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Background: In this scrutiny, it is attempted to study and explain Allameh Tabatabaei’s viewpoints in Al-Mizan Fi Tafsir Al-Quran regarding the Quran explanation and limiting this feature to God or other people. Al-Mizan Fi Tafsir Al-Quran belongs to Allameh Tabatabaei and is significant in many aspects such as narrative, comparative and thematic discussions. Based on Allameh’s viewpoint, the explanation of the objective and transcendent affairs is that it is surrounded by words networks; however, God has bound them to words so as to bring them closer to our minds.Findings: The proposed research is a study entitled: “A Study of Explanation of Allameh Tabatabai Viewpoint in Al-Mizan Interpretation” in which it is attempted to examine the explanation meaning and concept in terms of lexicon and semantics, the views of the Allameh Tabatabaei, great Shiite commentator as the author of Al-Mizan, should be examined.Conclusion: Allameh Tabatabaei does not consider explanation as a type of verbal signification, rather as the external facts. He concludes: “It is the fact that explanation is an objective matter and goes beyond word formats”. Since defending Quran dignity is one of the most fundamental religious duties of every Muslim, Islamic scholars and thinkers, including Allameh Tabatabaei who has made great efforts in this regard. In the proposed article, it is attempted to examine the thaumaturgy dimensions scientifically, eloquence and rhetoric, unseen news, no difference in it, its direction and the dimensions of thaumaturgy in all fields have been examined in a descriptive-analytical method with a Quranic approach and the narrative of Allameh's viewpoint.
Original Article
Political Science
Massoumeh Dastmard
Abstract
The confrontation of tradition and modernity in contemporary Iran is a complex, sensitive and precise issue with many intellectual, historical, political and social delicacies. In addition to addressing the different angles of the issue and providing diverse materials and resources that are sometimes ...
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The confrontation of tradition and modernity in contemporary Iran is a complex, sensitive and precise issue with many intellectual, historical, political and social delicacies. In addition to addressing the different angles of the issue and providing diverse materials and resources that are sometimes very heterogeneous and inconsistent; the study of this issue also requires some sort of intellectual and scientific classification and reconstruction. The most fundamental challenge that Iran has faced for at least the past 150 years has been the confrontation of tradition and modernity and how to overcome this historical bottleneck. In this confrontation, some people find the only way to escape from the status quo as westernization and blind imitation of the west. Some also insist on the traditions of the past, the traditions that have been associated with many impurities and superstition in the course of events and historical developments and need to be refined and revised. But the past experience reminds us that don’t follow the path of extremist traditionalists and the radical modernists method because they have always failed. In this research, first, the tradition and modernity are defined and explained from the point of view of different scholars using a descriptive- analytical method, and then the historical background of the course of change and transformation are presented at the outset of constitutional movement as a proof of the result. Finally, the comparative analysis of the above issue is discussed and the most important areas of the research are examined.
Original Article
Private Law
Shadi Ahmadi Fateh
Abstract
Objective: In international arbitration, three objecting techniques to the arbitral awards are distinguished as appeal, adjuration, and annulment. Although no particular definitions of the above-mentioned terms have been expressed through terminology, they have the profound distinctions and differences ...
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Objective: In international arbitration, three objecting techniques to the arbitral awards are distinguished as appeal, adjuration, and annulment. Although no particular definitions of the above-mentioned terms have been expressed through terminology, they have the profound distinctions and differences and it was unknown to the court as well as to the protesting party.Findings: The reviewing authority is the same court which issued the verdict. Likewise, an appeal is based on both the legitimacy review of the decision-making process and a review of judgment merits which will be disposed in a higher court.Conflict of Interest: The author declares no conflict of interest in the proposed study.
Original Article
Criminal Law and Criminology
Sajjad Momeni
Abstract
The present article is an attempt to provide a comprehensive criminal approach to the relationship between causality, criteria analysis, and challenges of this pillar of criminal responsibility in the light of judicial rulings and criminal law, and more particularly the novel Islamic Penal Code. Assuming ...
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The present article is an attempt to provide a comprehensive criminal approach to the relationship between causality, criteria analysis, and challenges of this pillar of criminal responsibility in the light of judicial rulings and criminal law, and more particularly the novel Islamic Penal Code. Assuming multiple reasons, it is one of the most difficult issues in criminal law, determining the causal relationship between a criminal act and the obtained result, especially in the case of multiple causes, is one of the most difficult issues in criminal law. When several individuals are involved in the crime at various (longitudinal) times and there is a relatively long time gap between the interveners’ behavior and the result (such as murder), this issue sometimes appears as a serious problem and unsolvable dilemma, as well. Article 494 of the Islamic Penal Code explicitly states that; “Abetting is to commit a crime directly by oneself” and refers to Article 492 in the discussion about crimes against the physical integrity, the others’ lives, and in the manner of cooperation in murder commission, as well as in the discussion of cause, the abettor, and its relationship to the contagion in crimes; “A crime is punishable by retribution or blood money if the result is the evidence of the perpetrator’s behavior, whether it is committed directly, through the intercourse, or in their community.” It can be concluded that in premeditated murder, one of the cases that, despite the perpetrator’s intention to kill, can break the citation relationship between the perpetrator’s behavior and the result, is the behavior of the victim. Besides, this behavior by the victim is “intentional or unintentional”, or it is further in the omission form, which can interrupt the citation relationship between the perpetrator’s behavior and the resulting murder.
