Civil Jurisprudence Doctrines

The way to manage waqf (Arabic: وَقْف, endowment) is one of the main issues in the endowment contract. The responsibility of the management of the endowed property rests with the ... Read More The way to manage waqf (Arabic: وَقْف, endowment) is one of the main issues in the endowment contract. The responsibility of the management of the endowed property rests with the administrator (Arabic: مُتوَلِّی) according to the opinion of jurists and also the civil law. The administrator is usually appointed by the founder (Arabic: واقِف, Wāqif) during the endowment. Now, the question arises who will be the administrator, if the founder has not appointed the administrator? Article 81 of the amendment of the Civil Code has identified the custodian as the ruler in public endowments, which does not have a specific custodian. According to Clause 1 of Article 1 of the Law on Institutions and Powers of the Organization of Hajj and Endowments and Charitable Activities (Affairs), approved on December 23, 1984, the administration of general endowments that do not have an administrator or have unknown administrators and if the expedient of the endowment and the next generation or resolving the dispute of beneficiaries of an endowment (Arabic: مَوْقُوفٌ ‌عَلَیْهِم) are subjected to the intervention of the guardian of the Islamic jurist in private endowment (endowment for the benefit of certain individuals) will be delegated to this organization from the date of approval of this law. However, the opinions of jurists differ where the founder does not appoint an administrator in the endowment. Some believe that the administration (trusteeship) is with the beneficiaries of an endowment in both types of endowments. A group considers the administration as the ruler in every kind of it. Some believe that the administrator in the general endowment is the ruler and the beneficiaries of an endowment bear the mentioned responsibility in the private endowment. It was concluded, by analytical-descriptive method and using the library method, in this study that the administrator of the endowed property is the ruler in cases where the founder does not specify the administrator in the endowment, and there is no difference between the general endowment and the private endowment in this regard.

scientific

The Critical Study of Definitions of ʿAqd (Arabic: عَقْد, contract) in Jaʿfarī Jurisprudence and the Theoretical Presentation of the Fundamental Difference Between “the Nature of ʿAqd” and “Conclusion of ʿAqd”

Ata'ollah Bigdeli; Muhammad Reza Muhammadi

Volume 15, Issue 27 , June 2023, Pages 23-44

https://doi.org/10.30513/cjd.2021.1827.1336

Abstract

The nature and manner of discovering (or constructivism of) social institutions and their relationship with human wills are important issues in humanities studies and the main question ... Read More

scientific

The Duration Range in Temporary Marriage (Nikah mut'ah, Arabic: نِکاحُ الْمُتعة, Romanized: nikāḥ al-mutʿah, literally temporary marriage or Sigheh, Persian: صیغه، ازدواج موقت)

Ebrahim Javanmard Farkhani; Saeed Ebrahimi; Sayyid Muhammad Razavi

Volume 15, Issue 27 , June 2023, Pages 45-68

https://doi.org/10.30513/cjd.2021.2577.1467

Abstract

There are disagreements between jurists and lawyers regarding the minimum and maximum duration of temporary marriage (Nikah mut'ah, Arabic: نِکاحُ الْمُتعة, Romanized: ... Read More

scientific

The Feasibility Study of the Acceptance of the Liability of Human Interests Loss in the Light of the Rule of Prohibition of Detriment (Arabic: لا ضَرَرَ, principle of harm)

Sayyid Ali Sajjadizadeh; Ali Asghar Sa'emi

Volume 15, Issue 27 , June 2023, Pages 69-100

https://doi.org/10.30513/cjd.2021.2647.1478

Abstract

There are disagreements about the issue of the “liability of human lost interests” in Imamiyyah jurisprudence, despite the consensus of the majority of jurists on the principle ... Read More

scientific

The Investigation of Liability for Delegating of Excluded Lands Caused by Fault in the National Lands Detection

Majid Reza Shaykhi Nasrabadi; Sayyid Hassan Vahdati Shubairi; Muhammad Ali Saeedi; Sayyid Saeed Mousavinejad Naeini

Volume 15, Issue 27 , June 2023, Pages 101-136

https://doi.org/10.30513/cjd.2022.2826.1496

Abstract

The country’s lands in a large (major) land division are divided into two parts, national lands and excluded lands, which in the implementation of the law of nationalization, ... Read More The country’s lands in a large (major) land division are divided into two parts, national lands and excluded lands, which in the implementation of the law of nationalization, sometimes the excluded lands are detected as national lands and then delegated (disposed) to third parties for exploitation to create service, industrial and agricultural projects. It is obvious that the detection of national lands like other human activities is a process mixed with human error and in fact, the main question of this research is who is liable for compensating the losses of the executors of the delegated (disposal) projects, which occurs due to errors and mistakes in the nationalization of the excluded lands? Is the government liable with the general description of the state, or are the agents of the state, i.e., the executive agencies, such as the verifying authority or the delegating authority liable, or are the government’s agents, i.e., relevant natural persons in the national lands detection process such as the distinguisher or forester, liable for compensation or not a particular person is not liable? This article first studies the process of verifying national lands and then investigates wrongful delegation, the liability of the relevant authorities to compensate for the damages, and also, studies the liability for the compensation caused by fault in detecting national lands from the perspective of civil law and special legislation. The result of this research, which is written in an analytical-descriptive method, is that basically, the government or government entities, i.e., the verifying authority and the delegating authority for not having personal and administrative fault and that the detection and delegation of national lands are sovereign acts (jobs), are not liable for compensating the losses of the executor of the delegated project and the transfer authority is only obliged to restitute the price or rent, and the government is not liable for compensations such as devaluation of money and investment costs. Finally, some solutions have been proposed to prevent the consequences of the delegation of excluded lands.

scientific

The Jurisprudential Rule of Expediency in the Laws and Regulations of Adoption and Children Without Guardians

Abdolhamid Talebi

Volume 15, Issue 27 , June 2023, Pages 137-164

https://doi.org/10.30513/cjd.2021.2110.1391

Abstract

Islamic jurisprudence is not indifferent to children without guardians or bad parenting children (children without adequate parental care) and has placed their affairs as a collective ... Read More

scientific

تبلیغات خلاف واقع در فقه امامیه و حقوق ایران؛ مسئولیت ها و راهکارها

Morteza Azizi Azizi; Bahram Taqipour

Volume 15, Issue 27 , June 2023, Pages 165-188

https://doi.org/10.30513/cjd.2021.759.1157

Abstract

تبلیغات خلاف واقع از طریق بیان اوصاف و نمایش غیرواقعی کالا و خدمات بوجود می آید که پیامدهای آن از جنبه ... Read More

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Search and Rescue in Venturous Situations and Infectious Diseases from the Point of View of Jaʿfarī Jurisprudence From the perspective of Imami jurisprudence

Muhammad Reza Alizadeh Moqaddam Beiraki; Mojtaba Elahi Khorasani

Volume 15, Issue 27 , June 2023, Pages 189-218

https://doi.org/10.30513/cjd.2021.2665.1480

Abstract

It is difficult to discern the religious and legal duty to save the lives of those trapped or to save the lives of rescuers in dangerous situations that seriously threaten the life ... Read More

scientific

The Ruling of Marriage of Adulterer (Arabic: زانی, Zānī)’s Father and Adulterer’s Son with Adulteress (Arabic: زانیة, Zānīyah) from the Point of View of Five Islamic Denominations

Ahad Gohari; Mohsen Jahangiri

Volume 15, Issue 27 , June 2023, Pages 219-244

https://doi.org/10.30513/cjd.2022.3556.1602

Abstract

Sexual offences have several jurisprudential effects and imperative rulings, which have been studied limitedly in jurisprudential researches, such as the permanent prohibition of marriage ... Read More

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The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian Law

Mahdiyeh Latifzadeh; Sayyid Muhammad Mahdi Qabuli Dorafshan; Saeed Mohseni; Mohammed Abedi

Volume 15, Issue 27 , June 2023, Pages 245-286

https://doi.org/10.30513/cjd.2022.3094.1541

Abstract

All EU member states are required to have maximum protection over personal data by ratifying the EU General Data Protection Regulation (GDPR). Data processors in order to fully realize ... Read More

scientific

Contractual Agreements in Banking Operations Without Usury According to the Theory of the Liability of Money

Sayyid Mustafa Mohaqqiq Damad; Sayyid Mojtaba Madani Bajestani

Volume 15, Issue 27 , June 2023, Pages 287-316

https://doi.org/10.30513/cjd.2021.1288.1252

Abstract

A contract in the conventional banking is signed between the bank and the customer in the form of a loan contract and a certain interest is paid in accordance with the contractual agreement. ... Read More

scientific

The Term Which is Contrary to the Requirements of the Substance (Nature) of Contract

Reza Maqsūdi; Sayyid Mustafa Mohaqqiq Damad; Sayyid Mahdi Allameh; Ali Reza Mazlūm Rahni; Hormoz Asadi Koohbad

Volume 15, Issue 27 , June 2023, Pages 317-336

https://doi.org/10.30513/cjd.2021.1892.1355

Abstract

The compatibility with the requirements of the contract, according to clause 1 of Article 233 of the Civil Code, is one of the special conditions of the correctness (validity) of the ... Read More

Volume 17 (2025)

Volume 16 (2024)

Volume 15 (2023)

Volume 14 (2022)

Volume 13 (2021)

Volume 12 (2020)

Volume 11 (2018-2019)

Volume 10 (2017-2018)

Volume 9 (2016-2017)

Volume 8 (2015-2016)

Volume 7 (2014-2015)

Volume 6 (2013-2014)

Volume 5 (2012-2013)

Volume 4 (2011-2012)

Volume 3 (2010-2011)

Volume 2 (2009-2010)

Volume 1 (2008-2009)

Volume & Issue: Volume 15, Issue 27, June 2023, Pages 1-362

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