فهرست مطالب عباس کلانتری

In the Islamic jurisprudence, being a Muslim is a condition in such cases as executorship and testimony. The question arising is that whether or not a Christian, a Jew or a Zoroastrian can be the superintendent of the endowments if the beneficiaries are Muslims. Through a descriptive-analytic method, this study first brings up the pieces of evidence for the impermissibility of Christian, Jewish or Zoroastrian superintendence and then proves the possibility of non-Muslim superintendence on Muslims’ endowments in some cases by means of juridical evidence. Indeed, designating a non-Muslim as a superintendent on Muslim endowments cannot be absolutely rejected. This is because the issue has different forms and each form has its own rules depending on the superintendent’s scope of authority, the type of endowment, the endower being a Muslim or a non-Muslim, and the existence of any superintendent already appointed by the endower.

Prisons and prisoners are essential institutions and elements of the criminal systems of thoughts and the countries. The responsibilities of the community and especially the government to the prisoner and his current expenses is one of the most important issues and concerns that are raised and suffered by the governments. Regarding the prisoner as  an overhead of the society and assigning the payment of his current expenses to him or considering him as a social patient and assigning his expenses as a function of his correctional duty to the government, or other conceivable alternatives have been controversial among scholars in the field of policy-making. Dealing with this issue from jurisprudential point of view through two rule-based or theory-based jurisprudential methods as well as the subject-oriented or system-oriented jurisprudence can clarify the dimensions of this issue by religious references. The present research uses a library method by referring to various jurisprudential sources and describing and analyzing the texts through independent reasoning (Ijtihad).

The jurists have divided the Islamic punishments to variable and fixed punishments. On this basis, hudud, death (qisas) and blood money penalties are deemed to be fixed and discretionary punishments (tazir) are categorized in the second group.  The general principle in Tazir punishments is the individualization of the punishment. Therefore, according to the rule "Al-ta'zir bema yarah al-Hakim (penalties issued under of the discretion judges)", the judges have considerable authority in the exercise of punishments based on their discretions and expediency. The power of the judges to apply punishment is not confined to the jurisprudence, but also to the substantive positive law where the judge has also a considerable authority to enforce these types of discretionary punishments. For a precise understanding of this issue, it is necessary to answer a few questions:  What does the above principle mean by the word "ruler"?  How much is the authority range of the judge and what are the existing mechanisms in the exercise of judicial authority? In this paper, along with the recognition of the authority of judges in the exercise of discretionary punishments, concepts such as the judge and the scope of his authority and mechanisms for the exercise of authority according to the positive law and jurisprudence would be studied.

Interpretation in the teachings of Mahdiism is one of the most important tricks of diverse denominations. Interpretation, which reveals insignificant meanings of religious texts, has the capacity to extend the use of religious concepts and is therefore considered by many sects. Because the interpretations of the sects are done with denominational and sectarian goals, there are many problems and deviations. This research, using a descriptive-analytic method, deals with the consequences and interpretations of deviant sects in the subject of Mahdism. The results of the research speak of the division of the consequences of the interpretation of sects into two parts: the internal consequences and the thoughts of the sects and the external outcomes of the community. The first interpretation in the field, has caused giving the godly human attributes to the Savior, and has caused negation of the system of Sharia and negated the Imammate and Mahdism. On the second front, it has induced doubts in the belief in mahdism, fostering the emergence of new claims for the Mahdi, multiple sectarianism and the expansion of amoralism in the community.

This paper evaluates the threshold effect of income on carbon dioxide emissions intensity in the MENA countries using panel smooth transition regression model. For this purpose, the variables of financial development, openness, energy intensity, income per capital and carbon dioxide emissions intensity over the period 1980 to 2011 are employed. While the results strongly indicated the existence of a nonlinear relationship, considering one transition function and two threshold parameters is sufficient to specification of nonlinear relationship among variables. The empirical results show that the slope parameter in which the speed of adjustment represent from one regime to another one is estimated equivalent of 78762, and two threshold parameters estimated 1176 $ and 11614 $ based on income per capita respectively. The variables of openness and income per capital lead to reduce carbon dioxide emissions intensity in both regimes in which the impact of income per capital in first regime and openness in second regime is greater than another regime. Although, financial development leads to slight increase in carbon dioxide emissions intensity in the first regime, but in the second regime leads to decreases it.

This study investigates the impacts on government spending and its financing resources including tax revenues، oil revenues and government debts on GDP in Iran during 1350 to 1387 period. For this regards، Smooth Transition Regression (STR) model has been employed. The results show that، there is a significant nonlinear relationship among government spending and its financing resources and GDP with respect to inflation as a transition variable. The STR estimation results show that، threshold value of inflation is 14. 8 percent and smoothing parameter is equal to 10. Based on the results، in first regime where inflation is lower than threshold value، government spending، tax revenues، oil revenues، government debts and inflation have positive، negative، negative، positive and positive effects on GDP، respectively. In second regime، where inflation is higher than threshold value، the maintained variables have negative، positive، positive negative and negative effects on GDP. All the estimated coefficients of model are significant. The results of robustness check tests also indicate on enough validity of STR model in order to fit the maintained relationship. These results emphasis on inflation control and necessarily of reduction the government dependence on oil revenues and banking debts.

Guardianship of men in family has been insisted in the Islamic legal system. The guardianship and supervision of man in family, taking responsibilites to care for and look afer wife and children, and assistng and handling their needs in the context of fulflling their interests and creatng happiness for the family, has been put on men’s shoulders, which is based on his natural characteristcs and abilites, from the view point of Islam.The husband does not have the rights to interfere in fnancial afairs of wife and for non-fnancial ones; he can supervise the work and relatons in order to maintain discreton and dignity of the family. Therefore, he does not have the punishment or discipline right with an excuse of wife’s refusal and his ttle. Today, defning instances and limits of husband’s guardianship in practce comes with questons and doubts that in order to understand the limits of his guardianship beter and fx undue prejudice, the most important instances of husband’s guardianship in wife’s non-fnancial afairs has been studied in this artcle so that it will be a step towards reducton of constrains and practcal difcultes of it.

In this paper, the effect of trade volume on TEPIX index is investigated based on bull and bear cycles of Tehran stock Exchange (TSE) using nonlinear Markov-Switching model. In this regards, monthly data of TEPIX and trade volume of TSE is used for the period of the first month of 1381 to the ninth month of 1391. The results show that, there is significant nonlinear relationship between trade volume and TEPIX index. Trade volume has positive and significant impacts on TEPIX in both bull and bear regimes but these effects is higher in bull regime. Based on the results, it is expected that increase in trade volume leads to growth in TEPIX index in both bull and bear regimes. However, comparing results with historical evidences shows that Markov-switching model properly fits the bull and bear cycles of TSE. On the other hand, the results of Robustness tests emphasis adequacy and good performance of Markov-Switching model. Based on MAE criterion, the Markov-Switching model has more accurate performance for in-sample fitting and out-of-sample forecasting than ARIMA and VAR models.

The Islamic law, particularly the Imāmī jurisprudence, has given a special attention to children’s rights. Besides, The Quran as the primary source of Islamic law has also not neglected this important issue. This paper endeavors to extract the Quran’s viewpoints on child’s rights. The word “ṭifl” (infant) has explicitly been used by the Quran to address the process of human creation from its earliest stage. Seemingly, the Quran has regarded the start of childhood from conception onward, the point from which the child’s rights should be taken into consideration. This paper discusses the Quranic view of children, then, the issue of children’s rights according to the Quran will be studied. Children’s rights will be discussed at two levels, before and after birth. The former usually deals with what influences the future life of the child; the latter includes issues like ensuring as health and security, naming, breastfeeding, religious training, etc. which will be covered in the paper.

This study investigates the stability of systematic risk of Tehran stock Exchange and a selected group of emerging stock markets including of Latin America, Asian South eastern and Istanbul Stock Exchange. The study uses time series specification of CAPM model (Black et al, 1972) and employs Bai and Perron (2003) structural break point test. The results show that based on Bai and Perron test, there are evidences of structural break in time series CAPM model and hence the instability in systematic risk for Brazil, Chile, Thailand, China, Malaysia and Tehran stock markets. The dynamic estimation results of systematic risk of these stock markets based on MGARCH - BEKK model indicate that, Tehran Stock Exchange has lowest level of systematic risk among other stock markets. The results show that there is significant fluctuation in dynamic trend of systematic risk of these stock markets in particular around structural break point dates. Based on the results, the BEKK model has more accurate performance than linear time series CAPM model for systematic risk forecasting proposes. These results provide useful policy guideline for investors in international risk management.

In this article, the authors want to study the effects of invalidity of contract on grasped property in Imamiyeh Jurisprudence and Iran's law and compare it with Egypt's law. They also indicated the viewpoints of some Imamiyeh jurists and Iranian juristic. Imamiyeh jurists account invalidity of contract to inability of ownership transfer, inviolability of possession and necessity of immediately reclamation of property and compensation. In article 308, 311 and 336 of civil code this issue has been analyzed. Iranian legislator also assume the responsibility of giver as the responsibility of usurper, if the transactions go wrong and become invalid. In the civil law of Egypt, based on article 142, the giver should modify the property if the transaction become invalid.

Currently somatic sell count(SCC) and bacterial culture is considered as the gold standard of detecting subclinical mastitis.however,the ebove-mentioned tests have a low diagnostic accuracy.therefore,for identification of infected animals,new biomarkers with high clinical accuracy are needed.the objective of this study was to determine the diagnostic value of milk lactate dehydrogenase(LDH) and alkaline phophatase(ALP_ for the diagnisis of subclinical mastitis in dairy cows.the activities of these enzymes increase during mastitis,which make them to be the potential biomarkers for screening of mastitis.a total of 145 subclinical healthy cows were randomly selected .of these 77 cows were considered to be affected by sub clinical mastitis based on a SCC higher than 100*1000 cells/ml of milk and positive bacterial culture results of milk samples obtained from at least one of the quarters.enzymes activities were measured in blood serum and defatted milk(centrifuged at 5000-g for 15 min at 4)using commercial kits.diagnostic sensivity and specificity and cutoff points for each test were determined via receiver-operating characteristics curve.significant (p<0.001)increases in the mean and median activities of LDH and ALP were found in the milk samples collected from cows with subclinical mastitis.milk LDH had the most clinical accuracy with 94.8% sensitivity and 94.1% specificity at cutoff point of 109 U/L.the results of the present study showed that the measurement of LDH and ALP activities in milk samples could be used as reliable method for detection of bovine subclinical mastitis.