فصلنامه فقه و تاریخ تمدن
سال نهم شماره 37 (پاییز 1392)

Arbitration is regarded as an art; thus, interim measures a part of such art. Unfortunately, legislation in Iran has predicted interim order and attachment of relief only in the International Trade Arbitration Law. However, this issue has generally been neglected in the Civil Procedure Code. As a result of such silence, there are some doubts about the possibility or impossibility of ordering interim measures in arbitration. Some jurists believe that judges and arbitrators cannot possibly order interium measures while the second group of jurists favor the jurisdiction of arbitrator and still there are the third group who attribute such a possibility to the competence of the courts. It seems that the best solution is that the legislator forecasts the possibility of ordering these measures on the conditions such as, the agreement made between the parties or upon a justifiable request made by the parties, or based on the arbitrator’s discretion. Moreover, in order to avoid the court’s interfering in the process of arbitration, it is only the arbitrator who should be authorized to order such measures. Tehran Regional Arbitration Center and Arbitration Center of the Iran Commerce Chamber, as two arbitration institutions in Iran, are the only institutions who predict ordering interim order in their regulations.

Hampher’s Commentaries is one of the references in relation to the Mediterranean issues during the eighteenth century (B. C). This work is of highly significant influence on the thoughts ofthe leadership of “Wahhabi” sect as it directly deals with their leader. The forementioned book is currently referred to by many researchers in the field of humanity, especially by those who are interested in studying sectarianism. Having reviewed the book, the author is of the belief that notwithstanding the fairly eloquent style, the book has committed notorious errors in terms of some of the historical events; thus, questioning the originality and reliability of this work. In this review article, the author looks into the matter in terms of the style of monograph as well as presenting a philosophical comparative study on the historical events referred to in Hampher’s Commentaries.

Stabilization clause is a security and precautionary measure which is incorporated into private contracts by which the states are obliged to avoid modifying or terminating the contract. This study aims at investigating the matter from different dimensions regarding the fact that such measurements differ from one country to another in terms of their reliability. By explaining the scope and describing the types of stabilization clauses, we intend to answer these questions: What is meant by the reliability of a stabilization clause and what are their effects on petroleum agreements. Finally, we will conclude that stabilization clause in petroleum agreements enjoys the required reliability. In case of states’ breaching the contractual obligations containing the stabilization clause, the other party to the contract is entitled to claim for even more and heavier compensations including the loss of profit (lucrum cessans) as well as future interests. International responsibility of states and the fact that they are not exempted from contractual obligations place them within the realm of international legal system.

One of today's banking facilities is discounting commercial papers (debt purchase). In non- usury Banking, such a tool is legitimate to use only in the light of providing for and meeting certain circumstances; otherwise, it is against the Islamic laws. This study investigates the purchase and sale of debts as well as the associated elements. It also aims at exploring the nature of these instruments and describes the requirements by meeting which debt purchase can be realized. The results suggest that such contracts are endorsed by Shiite jurists if they are characterized by certain features: Firstly, this facility, by nature, should guarantee the purchase or back up the lending. Secondly, the commercial documents should be canonically negotiable. Thirdly, negotiating devaluated commercial documents to a third party is lawfully permitted.

Nowadays, there are some contracts which did not exist in the age of Imams, like insurance, copyright, patent, electronic business, longterm oil trading contracts, etc.On one hand, there is no reference about these contracts and probable future contracts in the Islamic texts, like theQoran and narrations to verify their accuracy. On the other hand, the principle of accuracy cannot be applied here because these contracts are examples of Legal uncertainty. In an attempt to explore some ways for verifying the accuracy of so called phenomenon contracts, this research study aims at reviewing some holly verses like the“Fulfill” and the “SatisfactionDeal”as well as someprinciple narrations known as “the true believers keep promises””. The findings show that these verses and narrations can be used as a means of verification forthe accuracy ofphenomenoncontracts.

This is an excerpt of a research project aiming at carrying out a study on 432 studentsmajoring in a variety of schools at MIAU. Taking a descriptive approach, this survey study used stratified sampling technique to investigate different aspects of social solidarity including, social integration, social order, social belonging, social harmony, social unity, and social responsibility. The rate of reliability for the researcher-made questionnaire used in this study was 0.811. The average rate of social solidarity among the participants of the study was found to be medium (3.3), ranging from one to five. The findings also suggest that social belonging with the rate of 3.5 and social unity (2.8) were respectively the highest and lowest developed social solidarities. The other aspects obtained an average of 3.2, 3.4, 3.4, and 3.2 for social integration, social harmony, social order, and social responsibility, respectively. In sum, a rate of medium for social solidarity is not regarded ideal for the university when university students are regarded as one of the most influential and knowledgeable classes in society. Thus, it is the responsibility ofthe university, as one of the administrators of sociability, to take some steps forward in this regard.