فهرست مطالب مرتضی کشاورزی ولدانی

Nowadays, citizenship has become an essential status for the political and social life of societies and urban rights, as a set of rights and privileges of citizens, which are the responsibility of the government and city management, play a central role in the realization of citizenship and the flourishing of citizens' talents, abilities, beliefs and attitudes. Considering the importance and role of urban rights in the realization of citizenship and improving the ability, attitude and competence of citizens, the purpose of this research is to investigate the role and influence of urban rights on the formation of the psychological capital of positivism in Qaen city. The research method in the present study is applied in terms of purpose and in terms of descriptive-analytical and correlational nature, in order to analyze the data, were used numerical mean and Pearson's test in SPSS software. The statistical population of the research also includes the citizens of Qaen (19 to 65 years old), which was determined as a sample size of 384 people based on Cochran's method and access to them is based on a simple random pattern. Also, validity and reliability of variables have been confirmed based on documentary studies and interviews with university professors. The findings of the research show that in the four dimensions of urban rights, i.e. social, political, civil and cultural rights, only the dimension of political rights and among the dimensions of psychological capital of positivity, i.e. self-efficacy, hope, optimism and resilience, only the dimension of self-efficacy has a favorable situation in Qaen city. Also, the results show that there is a significant relationship between the urban rights variables and the psychological capital of positivism at the 95% confidence level and with the Pearson coefficient of 0.694. Among the aspects of urban rights, social rights and civil rights have had the greatest effect on the formation of psychological capital of positivism.

This research aims to critically study narratives that refer to avoiding association with certain ethnicities and races. This series of news is included in the Imᾱmῑ narrative heritage and has raised some challenges and questions. It is important to take the correct position on the issue and explain the Sharia approach objectively. This essay based on the descriptive-analytical method first extracts these narratives from the Imᾱmᾱ Hadith collections and then, after explaining them, analyzes them from two aspects: sanad and content. The research concludes that many of these narratives are poorly narrated in terms of sanad, including them among wᾱhid news. As for the content, presenting such narrations to the Qur'an, Sunnah, intellect, and morality, indicates the instability of their themes. The authors propose two methods for handling these narratives: 1) justifying and interpreting some of the news to provide an interpretation that is appropriate for the time and place, and 2) disregarding other parts of the news that contradict religious truths.

Article 639 Q.A. According to the well-known Imami jurists, in case of amputation of the hand from the forearm or arm (and with the same criteria for amputation of the leg from the leg or thigh), in addition to half of the full payment, in the excess amount, Arsh is also fixed. has known by examining jurisprudential writings, there are two other views on the assumption of the problem. In a fundamental research and by adopting the descriptive-analytical method, the present essay investigated the existing views and found the popular view to have weaknesses and flaws; On the other hand, there is another point of view on the issue that has been able to attract a significant number of contemporaries. This point of view believes that in the assumption of the problem, only half of the full dowry has been put on the diya and no more Arsh will be given to the victim. According to the authors of this article, this point of view can be the basis of the legislator's action due to its well-documented evidence. The results of the present research, in line with the above-mentioned theory, indicate that the reference to the use of the word iodine as well as the use and inclusion of the word “rejl” can strengthen the above-mentioned point of view; Therefore, it can be said that hand is a noun for all members and foot is also a noun for all members and the common understanding is that each of these members is called hand or foot; Therefore, it is sufficient to prove the payment and the determination of Arsh does not seem justified.

Given that Islamic teachings can always be considered as the best options for objectifying a progressive civilization that involves human happiness and in this regard the knowledge of jurisprudence has a special place; therefore the purpose of this article is to understand the nature of civilization-building jurisprudence as well as to explain its place and to try to explain its components from the perspective of the Supreme Leader of the Islamic Revolution who practically administer and take measures of the Islamic Society. Therefore, the present article, by delaying the statements of the supreme leader and studying his works, seeks to extract the axes of civilized jurisprudence in his head.

The present research is of a fundamental type and the method used in it is descriptive-analytical. The data collection was done in a library way, and the authors, after explaining the main concept of the discussion, explained and identified the existing documents related to the topic of the article and then analyzed the evidence.

The axes of civilized jurisprudence in the statements of the supreme leader can be examined in five axes: 1- to address the rights of non-Muslim citizens, including the equality of the diyah of the people of the book with the diyah of Muslims. 2-to address the rights of religious minorities, including the sanctity of insulting the sanctities of the Sunnis. 3-attention to the element of time and place in the process of ijtihad. 4-the need to create additional jurisprudence, which is considered among the necessities of civilized jurisprudence. 5-harnessing the capacities of governmental jurisprudence in the direction of civilized jurisprudence.

Civilized jurisprudence is a holistic approach to jurisprudence and Sharia and is appropriate to the requirements of modern life and the developments of human life. In this context, the supreme leader believes that the new Islamic Civilization means Strategic Development and progress in all aspects of Muslim life. In his view, the goal and philosophy of civilized jurisprudence is to create psychological peace for the Islamic Society, which will also be accompanied by the development of scientific and material manifestations; so if religion is concerned with globalization and intends to give a plan for humanity towards a higher life, it must take the civilization process based on the assumption of the community of religion.

In Imamiyah penal jurisprudence, Tashhir or publicly shaming of an offender, for some reasons, is an exception to the principle of preserving the honor of people and refraining from revealing secrets of Muslims. With respect to the importance of abandoning one’s right and the need for preserving honor and dignity of people, this paper intends to extract instances of verdicts on publicly shaming of offenders from the legacy of jurisprudence in an analytical way. Findings of the paper, achieved through a descriptive-analytical method, indicate that except in one case, i.e. “false testimony”, examples of crimes brought up by the jurists such as Ghiadat (complicity in crime), Ghazf (attributing adultery to someone), Ehtial (fraud), Tadlis (criminal misrepresentation), and Eflas (debt for insolvency) lack valid documentation. Therefore, as the presumption goes, lack of evidence for a crime is regarded as an evidence for its non-existence. Therefore, Tashhir, except in cases up to the certainty, must be practiced with caution as a means of punishment and invoking a juridical rule on punishment shall suffice for the offender. An analysis of Imam Khomeini’s view on this issue indicates that he openly supports practicing Tashhir only for false testimony. This, however, must be added that according to Imam Khomeini, practicing some forms of punishment (including Tashhir) in some certain cases and crimes with public dimension shall be permissible at the discretion of the government and under subsequent titles.

The necessity of compliance of creation and acceptance and its effect on the credential realization of contract is one of the conditions that Imamite jurisprudents emphasize as a principle whose violation may cause the contract to become void in certain cases or no contract may substantially materialize in the arena of validity. However, it seems that in some cases such as some referents of minor significance in the contract, in some cases, this rule is not followed due to the need to maintain the contractual and social order as well as firmness of the deals and a mistake in the contract causes the creation of the right to terminate and even in some cases the occurrence of mistake does not affect the fate of the contract. This approach is also interpreted to substantiate the theory of apparent sovereign will or the adequacy of the apparent will is also interpreted in the law of some Western countries, including Germany, within the scope of contracts, and is recognized as a strategy for the necessity of contracts and the avoidance of shakiness of contracts. A strategy that, of course, is also understood from the statements of some contemporary jurisprudents, including Imam Khomeini, about the nature of the contract and the role of creation and acceptance in its realization.

Imāmiyeh Jurisprudents believe that of the conditions of authentic transactions in its general sense is the existence of composition intention, so that its lack will lead to the nullification or failure in signing the contract of sale. Such an understanding of the concept of composition is due to its negative aspect upon which all of the Imāmiyeh Jurisprudents accord and there is no difference among them. The deliberation which has been echoed through the voices of some contemporary jurisprudents is the affirmative aspect of composition in signing contracts. The question raised here is that if the reason for signing contracts is the internal will and internal composition or if the manifest will could lead to signing contracts as well. Such a controversy is arisen to the extent that some Imāmiyeh Jurisprudents have clearly maintained that such a composition is equal to the external will. However, by researching jurisprudential texts, it would imply that Imāmiyeh Jurisprudents have supported the internal will more often in the causation of contract fulfillment. Nonetheless, the theory of the sovereignty of manifest will which is taken from some jurisprudents’ fitwas can be regarded as a progressive theory- such as some of the juristic schools- for solidifying and strengthening transactions and contracts.

Jurists have different opinion about the nature and concept of a contract; but it can be found that most of them agree on the fact that realization of the contract requires elements such as will, intent, consent, requirement and accepting and without such elements, they consider the contract as missing the title of the contract or invalid; or at least they believe in lack of influence and lack of arrangement of its legal effects. Among these elements, “requirement and accepting” have prominent roles in the formation of contracts and it means that as long as the causing will does not link with the accepting will, the realization of a contract is obviated. Among the contemporary jurisprudential views, there is a different theory from such a famous view that says all the nature and identity of a contract is due to obligation and the accepting will has only the role of validating the causing will. The theory can be a way of proving the theory of required obligation, in the words of some contemporary jurists and lawyers, and it seems that the only owner of it is Imam Khomeini (Peace be upon him) and later the commentators of his ideas. Reviewing the basics and arguments of the theory has special legal effects and requirements which studying them is the focus of the investigation.

Although the Qisas (retaliation) punishment in the intentional murder (killing) has been considered and legislated by the criminal policy of Islam as a basic (primary) principle. This punishment lapses in some cases. One of this cases which it should be thought in the lapse of Qisas or the practice of it is the one when it is supposed the murdered person is debtor and victim’s nearest relatives or awliyāʾ (ÃæáیÇÁ) (legal guardians) demand (ask) for Qisas of the murderer. There is a problem here in this supposition: creditors can stop the right of Qisas or basically in this presumption if it is possible Qisas of murderer without the security (guarantee) for the right of creditors or it is possible when the creditors’ debts are paid or guaranteed or secured. The Islamic penal code of Iran (codified 1392) has followed some of Imāmī jurists (Fuqahā) and has accepted that the victim’s nearest relatives or awliyāʾ (ÃæáیÇÁ) (legal guardians) can demand Qisas (retaliate) without the security (guarantee) or payment (discharging) for debts of the murdered person. From the other side, other Imāmī jurists (Fuqahā) like Imam Khomeini in Tahrir
al-Wasilah says that it is nearer to precaution (ihtiyat to accept the lapse of Qisas) in this situation unless the victim’s nearest relatives or awliyāʾ (ÃæáیÇÁ) (legal guardians) accept -promise- to pay and guarantee the creditors’ debts. This paper has been focused on the Islamic fiqh attitudes of Imam Khomeini and after the examination of opponents’ and proponent’ sayings, it has resulted that the theory (opinion) of the Lapse of Qisas to protect the rights of the creditors and the apparent (outward aspect) indication of ahadith is more justifiable (legitimate).

Plurality of judges is based on the rationality which is seen in some different systems in a way that a group of judges in the same way and for a single case decide on sentence. Although speaking about plurality of judges or joint judging is not considered explicitly by all Imami jurisprudents but by a survey on reasons of that, it can be understood that jurisprudences have not presented unity or plurality of judges in general. So by bringing these reasons, we can go toward this way of judging. Also by having a survey on the different concepts of sentence and verdicts and also the definition of sentence from the view point of jurisprudents, it can be found out that sentence in spite of its compulsive advisability, does not have generality and it is a way to get to the canonical augment, in this way, there is no difference between unity or plurality of judges in sentencing and even maybe having a joint judging which is the result of the consulting of judges could be more assured.