محسن
ایزانلو
استادیار دانشگاه تهران
author
مهدی
عباسی حصوری
دانشجوی کارشناسی ارشد حقوق خصوصی
author
هادی
شعبانی کَندسری
دانشجوی کارشناسی ارشد حقوق خصوصی
author
text
article
2012
per
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
4
v.
5
no.
2012
3
24
https://cjd.razavi.ac.ir/article_438_74303ee5f243429f6833d24777fb9fb1.pdf
محسن
جهانگیری
استادیار دانشگاه علوم اسلامی رضوی
author
غلامرضا
یزدانی
دانشجوی دکتری حقوق خصوصی
author
text
article
2012
per
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
4
v.
5
no.
2012
25
54
https://cjd.razavi.ac.ir/article_439_4561a15a9d46be2ea931a86dbe18bce2.pdf
The Juridical and Legal Examination of the Concept of Right and Property
abd al- Reza
asghari
academic member
author
text
article
2012
per
Special provisions have been enacted in Islamic jurisprudence for natural resources, especially forests, pastures, due to their importance in the economy of a country. According to the well-known idea of Shi’a jurists, most of the natural resources, including pastures and forests are regarded as part of Spoils, and are the property of Islamic ruler. If there is a pasture or a forest that is devoted as a pious foundation in a correct way and there is the trace of human involvement in creating the forest and pasture, then we will see from the perspective of law and jurisprudence that the endowment of these properties should not be annihilated with an excuse of their being a part of Spoils.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
4
v.
5
no.
2012
55
75
https://cjd.razavi.ac.ir/article_1187_ff04de613d7f97b5c8b8ee27b53114e5.pdf
Considering the Jurisprudential and Legal Examination of the Concept of Right and Property
Seyyed Alireza
Froughi
A member of academic board of Shiraz University
author
text
article
2012
per
In this paper, it has been emphasized on this opinion that the “right” like “property” is a conventional ordinance and each of these two concepts as independent rational validity have separate situations. Thus, the similarities of these two ordinances should not make us define one of them following the other. However, here there are two further ideas in jurisprudence and modern law that both of them in our opinion are extremes. The first view is the view of some Shiite jurists that have defined the right under the property and regarded it as a kind of property and its weaker grade. This inference has been taken while the “right” is not less than the concept of “property” in regarding to its conceptual inclusion. In contrast, in some cases in the new law, it has been interpreted as ownership right and brought under the concept of right. Muslim jurists, including Arabians and Persians, have interpreted ownership as the right of ownership under the influence of the west literature. In our opinion, this view is not correct, too; because when we recognized the “right” as a rational validity and independent conventional order other than property, neither of them placed under the other.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
4
v.
5
no.
2012
79
106
https://cjd.razavi.ac.ir/article_1188_529ffd4953ad9395d495aca1f5ae8ebf.pdf
A Comparative Research on Imam Khomeini’s View on the Nature of the Legal Offer and Acceptance and Its Juridical and Legal Effects
Muhammad Hasan
Haeri
Associate professor of Ferdowsi University
author
M.H.
Ansari
A PhD student in Jurisprudence & Principles of Islamic Law
author
text
article
2012
per
One of the important issues regarding the transactions, especially regarding sales, is legal offer and acceptance, and their contribution in fulfilling desired effect. It has been attributed to the famous jurists that they have regarded each of the legal offer and acceptance as the main elements of the contract so that the absence of each of them can prevent the fulfillment of the contract and their desired effect. As it appears from the discussions of the priority of the legal offer to the acceptance and the discussion of continuation, sheikh Ansari has accepted this idea. On the contrary, some Jurists, including Imam Khomeini, have regarded the legal offer as the basic elements of the contract, thereby, the salesperson perform the original composition by doing that and acceptance has not a role more than permission in the contract of the unauthorized agent. Both views have been studied in this paper and the view of Khomeini has been introduced as a more viable and justified idea and in the end some of his works has been dealt whit.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
4
v.
5
no.
2012
107
122
https://cjd.razavi.ac.ir/article_1189_9ae79d1a6b7192b09ceec95c4c47f1e8.pdf
Reason (Aql) in the Jurisprudential Method of Ibn Idris
S.M.M.
Motalebi
Assistant professor of Faculty of Institute for Humanities
author
Hasan
Jamshidi
A researcher of Hawzah
author
text
article
2012
per
This research has been aimed to show the applied method of Ibn Idris (who influenced the Islamic jurisprudence – Fiqh). The way of the research is to analyze the contents of the influential book of Ibn Idris. The results show in his theoretical view, Quran (the Book), Sunnah (Traditions) and Ijma (Consensus) were based on Reason (Aql). This means all practical principles of Reason & Islamic law; jurisprudential rule; language principles and the Muslim Community methods (most of them were not common in his period) were of Reason (Rational Reason). He used Rational Reason in many cases which were Independent Reason (Aql) as the establishment of reason obligations; Reason as the exception to other three jurisprudential reasons; Reason as confirming other reasons; Reason as the establishment of general rules & principles and Reason as the practical principles.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
4
v.
5
no.
2012
123
150
https://cjd.razavi.ac.ir/article_1190_755bf8f7671bb56a92d58ba73decbeb3.pdf
Explore the Rights of Journalists in the Imāmiyaah Jurisprudence
Hussein
Saberi
Associate professor of Ferdowsi University of Mashhad
author
H.
Haqiqatpour
A PhD student in Jurisprudence & Principles of Islamic Law
author
text
article
2012
per
Given to the age of communication and the need for jurisprudence to answer the issues of community, exploring the rights of journalists is very important. Looking at the present Islamic Republic of Iran press law, this paper considers and analyzes jurisprudentially the journalists’ rights such as freedom of information, safety and criminal immunity. It has been proved in this paper that for the realization of Islamic information, these cases are the minimum requirements and there is much distance to achieve the religious media.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
4
v.
5
no.
2012
151
170
https://cjd.razavi.ac.ir/article_1191_3c1d903f3cc3c639f263bc04e6a30710.pdf
Juridical Ordinances; Along Line with the Current Common-Sense or Beyond Time
Seyyed Mahdi
Ahmadi Nik
A member of academic board of Razavi University of Islamic Sciences
author
text
article
2012
per
Every science, including the civil and penal jurisprudence, will be dynamic when it provides justified responses to the new approaches and their related questions. Some of the new approaches in the discussions of civil and criminal jurisprudence are the necessity of being along line with and paying attention to the conditions and the current and prevailing culture. Some believe that the nature of religion is moral and beliefs that are the inherent of the religion and eternal, but Islamic commandments, both civil and criminal, are not essential and allocated to the custom of the prophet period and is dedicated to the past. Hence, given to the current situation, the change in them, as customary law, is necessary. The writer has tried to separate between religious commandments and common law and in religious commandment itself between the provisions stipulated in the Koran and definite tradition of the innocents (pub) and jurists legal decisions and in a descriptive-analytic way I try to prove continuity and stability of the stipulated juridical orders, and not legal Decisions and common law, on the base of the Quran and tradition.
Civil Jurisprudence Doctrines
Razavi University of Islamic Sciences
2251-936X
4
v.
5
no.
2012
171
188
https://cjd.razavi.ac.ir/article_1192_cad99fb19a7c955bcac8cf251674393d.pdf