فهرست مطالب mohammadreza hamidi

Pre-emption is a right based on which, whenever a partner sells his share, the other partner can acquire that share by paying the price to the buyer. Whenever the right owner is maḥjūr (incapacitated), it will be the guardian's responsibility to exercise or disregard it, according to the presence or absence of expediency. Given that exercising or disregarding the right can actually be in the presence or absence of expediency or ignorance about it, and considering the possibility of the consent or non-consent of the maḥjūr (after removing the incapacitation) with respect to the action of the guardian, several situations can be imagined in this field. The silence of the civil law in these cases and the need to refer to valid fatwas show the necessity of research on this issue. At the same time, most of the fatwas have been issued only with regard to the maḥjūr right, and their implementation will also cause significant problems. In this article, while preserving the maḥjūr right and emphasizing the client's rights and the need to observe the principle of the necessity of transactions, the said fatwas have been critiqued and based on the separation of responsibility of "guardian against the maḥjūr " and "the client against the maḥjūr ", it was concluded that the guardian's decision in exercising or disregarding the pre-emption is binding. However, in case of non-observance of the expediency of the maḥjūr, the guardian is the guarantor of damages caused to the maḥjūr due to non-observance of expediency.

The need to protect life and prohibition of suicide – either in action or omission – is a religious necessity as signified by various verses and narrations. At the same time, there is lack of consensus in its inclusiveness regarding some issues such as in cases where avengers of blood are ready to accept financial compromise to forbear Qisas for life. Accepting this by the Qisas for life convict is not yet certain, provided that the killer can afford such payment. Imam Khomeini has rejected such legislation for the Qisas for life convict. In this paper, we have analyzed reasons by the authors for and against Imam Khomeini’s opinion. These reasons encompass a wide spectrum of verses, narrations, rational reasons, invocation to void consequences, etc. Findings of the paper show that those believing in lack of such obligation seem to be more acceptable. However, with respect to some rules and principles, adopting a precautionary approach is advised since it helps adopting a mid-way between opinions for and against such legislation.

The term ‘moral luck’ refers to the influence of factors based on luck on moral judgements about human actions. Hereditary and regulative characteristics, temporal and spatial situations, as well as unforeseeable or unmonitored consequences, are among the most distinguished factors based on luck. Scholars of ethics have proposed different answers to solve this challenge that how to make a fair moral judgement despite the existence of luck-based factors. In a similar challenge, the Uṣūlīs have also tried to analyze the issue of deserving afterlife punishment according to the influence of involuntary factors on human actions. This study has identified and criticized the approaches of Uṣūlīs regarding the mentioned issue. As a result, Uṣūlīs often accept that things based on luck, which are involuntary and out of control cannot be considered involved in punishment. But, their understanding of these concepts is different. The beliefs, classifications and solutions presented by the Uṣūlīs in this issue have significant similarities and commonalities with the beliefs of scholars of ethics regarding the issue of moral luck.

There is a lot of sensitivity about the relationship between a man and woman in the religion of Islam. Handshake or shaking hands with a non-Mahram is one of the behaviors whose sanctity is specified in narratives, and it also, in the form of other titles, has sanctity measurements. Meanwhile, in recent years, because of the spread of such an act, there have been some attempts to permit handshake under the conditions of the emergence of secondary titles (Haraj and Ezterar) and the presence of an obstacle between their hands. This analytical-documentary study was conducted with the aim of analyzing the exceptions of the sanctity of shaking hands with a non-Mahram regarding its compatibility with Sharia principles and rulings; thus, all written sources, related to the rulings of the relationship with a non-Mahram and the sanctity measurements in shaking hands with a non-Mahram, were reviewed, as well as its Sharia ruling under the conditions of the presence of an obstacle and the emergence of secondary titles, and then the Fatawa indicating its permissibility were analyzed. According to the results, the generality of its permissibility under the condition of the presence of an obstacle is not acceptable, and the referral to the secondary rules cannot necessarily result in its permissibility; especially, the rule of "La Haraj" cannot generally remove the sanctity, and the most of the affected cases are not qualified as being the subject of the rule of "Ezterar".

The right of access to sports spaces and arenas and the freely perform related activities in such places is one of the most prominent demands of women at the present time; in particular, the issue of the permitting women to enter stadiums has always been a subject of controversy and disagreement. Contemporary jurists consider the mentioned issue to be Ḥaram (Forbidden) by referring to the verses and narrations related to the taboo nature of mixed presence of men and women in a place and the subsequent moral corruptions. While proponents have presented different interpretations of the related verses and narrations, or they do not consider the presence in the stadium as one of the examples of these proofs. In this article, while categorizing different and imagined situations, the arguments of the both parties have been investigated. Therefore, in general, due to the inappropriateness of the structure of men's stadiums for the presence of women, the presence of women in such places is definitely a kind of corrupting behavior, and the arguments of the proponents in this regard are flawed and incomplete. At the same time, considering that the mere presence of women in men's stadiums is not forbidden and is considered one of women's rights, the government should provide appropriate conditions to allow women's presence in such places.

The “opposite concept” refers to the non-mentioned premise that can be deducted from articulated premises by removing some provisions or structures. The bulk of arguments, refutations and confirmations on the possibility of perceiving the statements have taken place with centrality of conditional structures. Although some former principlists have found faults with the possibility of perceiving the conditional statements, later scholars have attempted to find a basis for the concept of condition by re-emphasizing “the principle of non-canceling” and “the emergence of exclusive condition”. Imam Khomeini’s viewpoints regarding the concept of condition is consistent with the former scholars, but with an important and less observed statement. In this study, in addition to presenting a new classification of conditional structures in the form of linguistic arguments and comparing it with the findings of the logicians, this viewpoint is consolidated. The results of paper show that the conditional structures do not have an indication of concept in principle, but these concepts, in religious terms, are associated with parallels and along with public validity there is the possibility of perceiving them

In jurisprudence and criminal law, necessity is considered among the causes of criminalization, based on which, the distressed person will not have any criminal liabilities for his/her measures., if the “intention” element. However, in cases where the "intention" element can be considered involved in the emergence of the state of necessity, the exclusion of the criminal liability will not be happened. The determination of the semantic range of necessity is a controversial issue among the criminal authorities; In the Holy Qur'an, this issue is noted in the quintuple verses of necessity, and interpreters and Islamic jurists have tried to resolve the semantic uncertainty of the words in these verses considering the relevant regulations; jurisprudential topics also was strongly affected by the mentioned verses in this context, and they are a kind of jurisprudential interpretation of necessity verses. In this manuscript, by using the analytical-descriptive method, while explaining the merits of the awards of jurists and interpreters, a solution is presented to resolve the ambiguity mentioned above. Hence, the terms necessity verses have semantics overlapping and the common and positive values of all of them should be considered as general particulars for the verdict of necessity. Therefore, only making a necessity with the intention of perpetrating an illicit action or by knowing its ineluctability to commit it can be considered intention in making a necessity, and in these situations, the criminal liability will remain.

One of the financial effects of marriage is the wife's possession of the dowry; In religious resources there are much emphasis on the virtue of forgiveness of dowry especially before sexual intercourse. According to the most Imami jurists, if divorce occurs after forgiveness of dowry and before having sexual intercourse, the wife will be obliged to return half of the dowry that she has not taken. At first sight, such issue seems to be inharmonious with legal conscience. ; in this article, the reasons of these famous legal presumption have been criticized and according to the lack of guarantees , forgiveness of dowry, weakness in narration indicating halving, and the other theories have been strengthened ; Also, according to the incompatibility of halving of forgiveness dowry with legal and customary conscience, it is necessary to base on the certainty as a legalized in this area; due to this fact, in forgiveness of dowry, the principle might be the presence of a condition of collusion to the continuation of the marriage, and in the case of divorce, the right of recourse will be valid; This problem reinforces the relations between jurisprudence and moral values ​​in the rules and principles related to the family.

Protecting the lives of oneself and others is one of the key religious and moral obligations. Besides, sometimes saving the lives of others will depend on actions resulting in one’s own death. The validity or invalidity of such actions is not agreed by the jurists and they have praised or condemned them respectively under the headings of “sacrifice” or “suicide”. In this regard, the main arguments are related to the association between two verses of the Holy Quran. In this paper, in addition to criticizing the believers’ arguments for the sanctity of sacrificing deeds, foundations of the other opinion have been strengthened; moreover, the principle of the existence of wide-ranging disputes in this issue has provided a basis for considering its validity. In addition to rejecting the doubts concerning the legitimacy of sacrificing actions, the accurate explanation of the abovementioned issue provides the society with an educational and bio-ethical model.

Negation of constriction rule (qā‘ida-yi naf-yi ḥaraj) is one of the indisputable and imtinānī (state or quality of being beholden) rules which, by ruling on the initial arguments, removes the obligation to perform difficult tasks. There is no doubt in the rule of ḥaraj over obligations, but no consensus has been reached on its relation to the basic arguments of prohibitions. Some jurists are seemingly declaring the rule of the above-mentioned provision on the arguments of prohibitions, according to which the obligated person can commit prohibitions based on constrictions (ḥaraj). This view will bring about unacceptable consequences in jurisprudence and is incompatible with morality. In this thesis, while stating the arguments of the proponents of this statement, its principles have been criticized and evaluated. Considering the non-application of the argument of no constriction (lā ḥaraj) to non-existent matters and also, taking into account the evidences of urgency, it seems that the arguments for prohibitions (muḥarramāt) are specifically beyond the scope of the mentioned rule. In case of doubt, the non-elimination of the arguments of prohibitions will be considered.

In this study, a high-capacity UPS device in the country's military industry, which has been in operation since 2003 and has had significant problems due to increased depreciation and performance has been selected. The reason for this choice was the high sensitivity in the maintenance of military electronic equipment and increase the reliability of such equipment in times of need. After holding brainstorming sessions and reviewing various scenarios by the organization's experts, two final options were finalized: a) Using the current UPS device and performing major repairs if possible. B) Buy a new UPS device with the latest technology and replace it with the current device. To select one of the above options, the Life Cycle Costing (LCC) method has been used to determine a better option from an economic perspective. After reviewing and calculating the investment costs and maintaining both options, the results of the study showed that the annual uniform cost (EUAC) of using the current UPS device is more than the uniform annual cost of replacing and purchasing a new UPS device. It is out of service of the current system.

The most considerable religious trainings are about observing ethical norms. These norms have also entered jurisprudential rules in various ways and they have caused overlapping between these two areas of science. One of the most important ethical norms emphasized in holy narratives is the necessity of maintaining self-esteem, some instances of which have been manifested in the form of jurisprudential rule of "unnecessary action to admit indebtedness". Of course, the afore-mentioned rule has rarely been stipulated or studied independently in the area of jurisprudence and has been usually used as a hidden major premise in the arguments. The small number of analytical discussions in this area may be due to the same reason. The present research, while investigating and classifying the rulings in this regard, analyses the jurisprudential nature of "indebtedness" and its relation with the associated jurisprudential rules. It seems that "indebtedness" as an instance of harm to pride can be classified under the no-harm rule. In addition, the prohibition of indebtedness can be considered as an independent principle derived from the ethical norm of "the need to maintain self-esteem".

In every production plant, it is necessary to have an estimation of production level. Sometimes there are many parameters affective in this estimation. In this paper, it tried to find an appropriate estimation of production level for an industrial factory called Barez in an uncertain environment. We have considered a part of production line, which has different production time for different kind of products, which means both environmental and system uncertainty. To solve the problem we have simulated the line and because of the uncertainty in the times, fuzzy simulation is considered. Required fuzzy numbers are estimated by the use of bootstrap technique. The results are used in production planning process by factory experts and have had satisfying consequences. Opinions of these experts about the efficiency of using this methodology, has been attached.

In some crimes, confession from delinquent is not adequate to prove the crime despite authenticity and precision in the content. Such confession is known as incomplete confession. The famous Paradigm consider this confession as Ta’zire (punishment) due to three reasons containing: prohibition of sin confession, gaining limited knowledge of taboos and spread of prostitution. The same approach is confirmed by Islamic Criminal Law. There exist another point of view which rejects this kind of confession by inspiring (by referring to) three important factors containing: narrations, innocence principle and Da’re principle. The other point of view gives the authority to the governor so that the governor would be able to apply the punishment whenever criminal motivation of the confessor is determined to him. But in other cases of incomplete confession, the governor does not consider Ta’zir permissible whether the confessor intends to purge or his motivation is not clear to the governor .By inspecting the points of views and their reasons, the governor’s point of view by consideration of the confessor’s motivation is considered to be the most comprehensive beyond all the theories. Thus, it gained a considerable potential. The Islamic Criminal Law needs to be inspected and revised around this issue.

This paper offers an approach that could be useful for diverse types of layout problems or even area allocation problems. By this approach there is no need to large number of discrete variables and only by few continues variables large-scale layout problems could be solved in polynomial time. This is resulted from dividing area into discrete and continuous dimensions. Also defining decision variables as starting and finishing point of departments in area makes it possible to model layout problem so. This paper also provides new technique that models basic constraints of layout problems.

One of the important matters of dispute in jurisdictional term is the possibility of the ascertained person’s injunction to act based on his certainty. The answer to this question in various jurisdictional categories has its specific results. A glance at the first principles shows that the majority of theoreticians at law see the possibility of the ascertained person’s injunction to act based on his certainty as impossible by virtue of rational, theological and intellectual reasoning. In contrast, a number of other theologians at law, while opposing the above order, have presented a new theory that stresses on the inaccuracy of the previous reasoning. In this paper, we have tried present an acceptable and well-proofed solution based on Imam Khomeini’s theories on legal reasoning and with an emphasis on his jurisdictional views. Based on the theory of legal reasoning we can admit that the principle of injunction from submission to certainty has no problem at the stage of affirmation, so that even at this stage, one can deduct the existence of such order from the contents of some traditions and pertinent jurisdictional decrees, and also by virtue of rational reasoning.

Void Clauses” are clauses that make a lawful thing unlawful or an unlawful thing lawful or its requirement is in conflict with a fixed levied sentence. Undoubtedly these clauses are void and the obligor not only doesn’t have to do them but is not allowed to do them. The disagreement point is whether void clauses are the nullifier of contract too. The jurists that have considered the illegal clause nullifies، generally referred to lack of basis of “intention” and “consent” and also the emergence of “both sides’ ignorance of properties” in case of nullifies of clause and rarely some mentioned “lack closeness to illegal clause” as a part of correctness of the contract. In contrary، the others answered to these objections in detail. In this group of jurists’ view the clause compared to the main contract has adjunct aspect and is unable to disrupt in main basis. In this article، we have tried to do a correct judgment between these two opinions. On Imam Khomeini’s view there is no reason for the illegal clause to be diriment it and the other reasons of nullifies of void clauses with regard to legal nature of the clause - obligation by the same obligation - is not acceptable and if it was accepted it wouldn’t include all the void clauses. Of course، stipulation is with a tacit obligation in which obliges able to terminate the contract in case the clause doesn’t come off or terminate the contract as the reason of the tacit of the clause.

From the viewpoint of some experts in Sharia law، paying bribes in lawsuits by the beneficiary is lawful. Some others believe that this permission is only possible when obtaining the right is restricted to paying the bribe. Various reasons، including Islamic traditions Hadiths[، the rule of denial of hardship، and the permission to obtain the right are the evidences for this verdict. Studies show that the traditions which refer to the prohibition of bribery are the evidences against the permission that makes bribery lawful in all these scenarios. The reasons behind accepting this verdict are not flawless، as well. Moreover، it is likely that the Fatwa permitting bribery was just related to a point of time in the past and cannot be generalized to other scenarios and times. This paper clarifies that the evidences showing bribery lawful are insufficient.

It is possible to accept pecuniary penalty legitimacy according to "Mansoseh Reasoning", authorization of pecuniary punishment based on governor's viewpoint and secondary precepts citation. With regard to the previous jurist's viewpoints, these punishments are illegal but contemporary jurists tend to account them legal. The most important reason is the establishment of Shiite government that caused to review judicial resources. The reason of who accepted pecuniary punishment as illegal is controversial. Furthermore, authorization of financial punishment can be proved by secondary precepts.

This article, by leaving pre-determined membership function of a fuzzy set which is a basic assumption for such subject, will try to propose a hybrid technique to select the most economic project among alternative projects in fuzziness interest rates condition. In this way, net present worth (NPW) would be the economic indicator. This article tries to challenge the assumption of large sample sizes availability for membership function determination and shows that some other techniques may have less accuracy. To give a robust solution, bootstrapping and fuzzy simulation is suggested and a numerical example is given and analyzed.