First Pages
text
article
2015
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Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
1
3
https://jorr.ut.ac.ir/article_58293_45b2211bb6ee04752c29d7fd7c228646.pdf
Definition and validity of contract of Bail
Abbas
Mirshekari
Assistant professor at University of Science and Culture
author
text
article
2015
per
Bailsman is commitment to summon party .This commitment on suspect of some, cause dominate on the third-party .For this reason, some have questioned the validity of contract, other groups have attempted to justify the validity of the contract with Using of joint and several liability and advocacy. In Sunni jurisprudence, the first tool used and in Shiie, the second tool. But the truth is that this contract is valid and does not conflict with the rights of third party. But conversely, retains his freedom.
In this paper, contract of bail was regarded as Contracts for the Benefit of Third Parties that creates an advantage for the party without the need for acceptance.
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
671
692
https://jorr.ut.ac.ir/article_57727_c7b1498edd0eb4ff3184be2f6fea58d0.pdf
dx.doi.org/10.22059/jorr.2015.57727
Compare and evaluate the impact of religiosity on different types of crime among offenders committing normal (case study Sistan)
Davood
seify ghareyatag
Faculty member of law, university of zabol
author
abolfath
khaleghi
AssociateProfessor of univercity of Qom
author
text
article
2015
per
This study aimed to investigate the effect of religiosity on the type of crime (against persons, property, safety and general welfare) conducted a social survey research methods and sample size consisted of two groups of offenders (240 prisoners) and those who commit crimes (421 persons) which has been randomly selected for data collection questionnaire and interviews with case study was used and data were analyzed using Pearson correlation and stepwise regression analysis.
Findings confirm significant inverse relationship between religiosity and delinquency and explain the propensity to commit crimes decreases with increasing religiosity maximum impact will vary depending on the crimes. Within the normal range ceremonial aspect of religion and belief is most correlated with the dependent variable, reducing criminal behavior.
The results indicate that two variables among offender’s ritual and belief the greatest effect on crimes against property and public welfare. The experimental outcome and other variables religiosity indirect effect on crime. But the crimes against persons and crimes committed there was no inter-religious and non-religious and non-religious are almost identical to commit this crime. In general, the degree of religious influence crime is variable depending on the extent of crimes and crimes against property and public welfare and thus more effective in crimes against persons, or degree of influence on the dependent variable unaffected pales
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
693
736
https://jorr.ut.ac.ir/article_57728_e2dfdd9257c4012dcc0946332b6bbba8.pdf
dx.doi.org/10.22059/jorr.2015.57728
Legal review clause C of Article 268 of theEslamicPenal Code
Hossein
Javar
Associate Professor, College of Farabi, University of Tehran
author
Alimorad
Heydari
Associate Professor, HazrateMasumeh University
author
Mohaddeseh
osouliyamchi
Graduate ofthefourQom HowzehElmih
author
text
article
2015
per
According to Islamic jurist's consensus on punishment of thief, providing presence of all conditions of "Haddi" thievery, is amputation of the hand. Nevertheless, if there's a filiation relationship between thief and loser, even by presence of other conditions, punishment (Had)of cutting hand would not be implemented. Consensus which is claimed on both issues is prophetical tradition of "Anta vamaloka le aback"(you and your property belong to your father), which refers to impossibility of father's retaliation because of putting his offspring to death, is one of the reasoning that is upon relied.
After proceeding foresaid discussion and analyzing it's reasoning, this question arises that: If statute of negating hand amputation would be considered for a progenitor who thieves from his grandchild's properties, or not? There are various reasoning on applying punishment(Had)of hand amputation on forefather because of lifting properties of his "grandchild", such as consensus, verity of considering progenitor as a father, priority of progenitor's words or statements over father's words in coincide espousing of the daughter and also "principle of removal of had". Reasonability of each of this issues in late and early statutes and degree of their accordance with jurisprudence principles and their legal effects are analyzed in this treaty too.
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
737
762
https://jorr.ut.ac.ir/article_57732_71bfd3246a988c065d7421f2cac05a3d.pdf
dx.doi.org/10.22059/jorr.2015.57732
Criticism and Study of the Legitimacy Evidences of Moral Rights Endowment
Muhammad Jawad
Valizadeh
PhD of Jurisprudence and law, Theology Faculty, Mashhad Ferdowsi University
author
abbasali
soltani
Faculty Member of Jurisprudence and Law at Theology Faculty of Mashhad Ferdowsi University.
author
text
article
2015
per
One of the conditions for the correctness of endowment is to have a legitimate ownership, objectiveness, ability to possess and eternality of the object of endowment. On this basis, the correctness, the opponents of the correctness of moral rights endowment have cast doubts over the possibility of endowment of moral rights – which according to its functions is one of the important issues in the area of social and economic issues. Of course there are also advocates for the endowment of moral rights whose reasons are mainly general, pervasive and beyond endowment and have judged the conditions under dispute as unacceptable fully based on rules and principles which are not aimed at endowment. These evidences basically cast doubt over the obligations of conditions under dispute. In this analytical-descriptive research, through criticism and review of the evidences of both pros and cons, this result has been obtained that the general evidences of the pros are unable to neutral the conditions under dispute and in other words, through this way, it is not possible to prove the legitimacy of the endowment of moral rights, but due to the fact that faults made by opponents are not acceptable considering A)the philosophy of forging the disputable conditions in endowment and B) revision in their concepts, so the correctness and legitimacy of the endowment of moral rights are proved.
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
763
798
https://jorr.ut.ac.ir/article_57733_e666a6d59157aa6f1a9c6983bad87e8f.pdf
dx.doi.org/10.22059/jorr.2015.57733
Liability for Fire in Islamic Law
Abdollah
RJabi
Assistant Professor of Law (Farabi College of Tehran University)
author
text
article
2015
per
Fire is a phenomenon which is governed by specific rules and is connected to several branches of law.
In different legal systems, there are different rules as to civil liability for damages resulted from fire and also other harmful causes. In the Islamic law, which is the basis of Iranian legal system, a variety of views and approaches has been offered, the most important of which is based on the doctrine of fault; a general doctrine applicable on the most of civil liability suits.
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
799
824
https://jorr.ut.ac.ir/article_57735_96d8b0a3bd11935cc3397f1b9932e3c3.pdf
dx.doi.org/10.22059/jorr.2015.57735
non-judgemental review of the verdict and jurisprudence bribes
morteza
rahimi
Assistant professor of Quranic Sciences and Law , Faculty of Theology, University of Shiraz
author
Somayyeh
Soleimani
Master degree in jurisprudence and principles of Islamiclow.shiraz university
author
text
article
2015
per
No doubt that bribery is forbidden but doubt is true on the term of bribery on non-judgemental payments. This uncertainty is due to the existence of two traditions in this regard. Some traditions only consider judgemental payment as bribery and also as forbidden action. And for other traditions any payment whether or not it is judgemental has been prohibited. The mentioned traditions are not conflicting .The reason that some of the traditions allocate bribery to judgement is that just these kinds of briberies were the centre of attention.
Less attention of jurists to the bribery in the rule of customary and witnesses in legal judgements reinforced the generalization of bribery to judgement and other…Non-judgemental payment when they intend to do forbidden and taboo actions are considered as unlawful by jurists, but uncertainty of some of them in the truth of the term bribery for such payments made them to conclude that such payments are forbidden in other ways such as sin or corruption and so on.
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
825
848
https://jorr.ut.ac.ir/article_57738_42a28389b73b6fe1b3174bbc834155d3.pdf
dx.doi.org/10.22059/jorr.2015.57738
A porohibition of women’s visitation of shrines from the perspective of the jurists practicing in the area of Islamic denominations
Hamid
MalekMakan
Assistant Professor in University of Tahran
author
Nasrin
Fattahi
Ph.D. Student of Theology in Qom University of Religions and Denominations
author
text
article
2015
per
Islamic scholars have regarded pilgrimage by all Muslims as a cause to the divine grace and blessing of the world and hereafter. Nowadays, this practice has become a debatable issueamongIslamic denominations, especially the Wahhabi sect and other Muslims.Throughout the history, Muslim scholars have issued fatwa on the recommendatory and just sanctity of thepilgrimage of the shrines of Islam owlia. IbnTaymiyyahissued the fatwa on the pilgrimage of owlia’s shrines, and then Hijaz scholars highlighted the significance of this issue based on Taymiyyah’s teachings, and they prohibited any pilgrimage. They presented some doubts such as Prophet’s (PBUH) cursing to visiting women, prohibition of travel for pilgrimage, and heretic innovation and uselessness of the holy shrines. Using the research conducted, it was determined that there is no narration quoted by the Prophet (PBUH) on the prohibition of pilgrimage of the holy shrines in general and the denunciation of the attendance of women in such places in particular.On the contrary, there are some reliable narratives regarding the recommendation to this valuable task (in case of not performing anyunlawful or corrupt affair), and based onthe definitiveness in the narratives or the absolute validity of the narratives on the issue of pilgrimage, there is no difference between men and women in this regard.
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
849
880
https://jorr.ut.ac.ir/article_57742_7af43b66e51bdeb5c374862f1168d40c.pdf
dx.doi.org/10.22059/jorr.2015.57742
Reflections on incumbency of giving dowry to continual wife conducted exactly
seifollah
ahadi
Jurisprudence and Principles of Islamic Law Ph.D Student, Ferdowsi University of Mashhad
author
Mohammad Taghi
Fakhlaei
Professor of Jurisprudence and Principles of Islamic Law, Ferdowsi University of Mashhad.
author
Mohammad hasan
haeri
Professor of Jurisprudence and Principles of Islamic Law, Ferdowsi University of Mashhad.
author
text
article
2015
per
Some of rights and obligations will be conducted by marriage, such as right of dowry for wife and right of Allegiance for husband. Jurists believes that rights Couples will be charged exactly after marriage based on regulation of Exchanges, so incumbency of giving dowry and its nature in relation with Allegiance, is an challenging issue and required independent comprehensive discussion.
In this article, Authors after searching in reasons and statements of Jurists and Lawyers, believes that the exchangeability nature of marriage is not true, but in giving of rights of both sides of marriage, it is possible to implement the regulation of exchanges chapter and accept that marriage is an exchangeable contract, based on period of dowry ownership and incumbency of its giving. Furthermore, ownership of wife to her dowry will be conducted exactly after the marriage and such as other exchanges that condition of ownership of wife to dowry is that Allegiance to husband for incumbency of giving dowry.
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
881
906
https://jorr.ut.ac.ir/article_57744_6a843a7ccc37e0935868ea660039778f.pdf
dx.doi.org/10.22059/jorr.2015.57744
English Abstracts
text
article
2015
per
Religious Researches
University of Tehran
2008-8388
11
v.
4
no.
2015
1
8
https://jorr.ut.ac.ir/article_58193_74694b29ad577386360a7c16c7acbeb0.pdf