جستجوی مقالات مرتبط با کلیدواژه "فقه و حقوق" در نشریات گروه "علوم انسانی"

As a way of life, Islam pays great attention to commercial activities. In the Quran, God has provided the necessary guidance for the salvation of man in this world and the hereafter. In economic activities, welfare and salvation should be chosen as the final goal, and accounting as a tool for providing information in the economic environment should be compatible with this goal. Therefore, the goals and characteristics of Islamic accounting should not only provide the correct image about the business entity, Rather, it should be in a way that encourages business units towards benevolence and avoiding injustice. In this article, Islamic accounting and the relationship between the professional behavior of auditors and the Qur'an and Islamic jurisprudence and law have been discussed. The current research is of applied type and was done with descriptive-analytical method. The sources of the research are Quran, Tafsir Noor, authentic jurisprudential and legal books, and narrative articles. The findings of the research indicate that by carefully studying the verses of the Qur'an, There is a significant relationship between the knowledge of accounting and auditing concepts and their characteristics and the verses of this holy book and jurisprudence, and it is clear to what extent there is agreement between religious sayings and the concepts used in accounting and auditing. and explicitly, to concepts such as independence of vote, competence and professional care, confidentiality, honesty and impartiality, etc., which are the main concepts of auditing, It has been mentioned and it shows that Islam approves accounting and the professional behavior of auditors in its advanced form today.

A marriage contract is one that takes place without a formal engagement or ceremony and the couple presents their intention to marry with a practical sign such as a wedding ring. Since this type of marriage contract is associated with many legal and social problems, there is a great deal of disagreement regarding its validity. From the point of view of Islamic jurisprudence, a marriage of convenience in Islamic jurisprudence is considered permissible for some and is not acceptable for others. In this article, we will begin by studying the concept of marriage and the marriage of consent in jurisprudence and law. Then, it is presented with evidence for and against it in the field of jurisprudence and law. In the event of a miscarriage, the differences between the marriage contract and the legal documents obtained from them are examined. The research method in this descriptive-analytical paper is based on the information provided by the library studies on which the decision was based. The objectives of this paper are to examine the concept of consensual marriage in jurisprudence and law.

The family forms the basic foundation of society, which itself relies on marriage; Marriage in Islam and our culture is a sacred word. Currently, with the spread of emerging phenomena such as white marriage in Iranian Islamic culture, the desire for permanent marriage has diminished. White marriage is a type of emotional and sexual relationship between a girl and a boy, where they both start living together without reading the formal marriage contract. In other words, arranged marriage is a marriage in which only the declaration of agreement and consent of the parties is enough and there is no verbal demand and acceptance. Islamic jurists all agree that not only verbal demand and acceptance is necessary and necessary in the performance of the marriage contract, but also without That relationship of marriage is not created and there is no effect on it. The purpose of this article is to examine the jurisprudence and law of a boy and a girl being together without verbal composition. The method of collecting information in this research is a library method. More about this source textSource text required for additional translation information Send feedback Side panels

The payment of alimony is one of the most important issues in the relationship of couples and the legislator has established special regulations for it. Therefore, in this study, the legitimacy of the conditions of non-payment of alimony in a permanent marriage and its payment in a broken marriage should be investigated. 

This article is descriptive and analytical. The materials and data are qualitative and data collection was used to collect the materials.

 Ethical Considerations:

 In writing the article, the originality of the texts, honesty and trustworthiness have been made. 

The conditions of alimony payment depend on the type of marriage. Thus, in a permanent marriage, one of the duties of the husband is a legal document (Article 1106 of the Civil Law). In a permanent marriage, according to the rational and shari'a principle of the rule of will, the couple can agree on the cancellation of future alimony, and in alimony to the wife, unlike a permanent marriage, in a temporary marriage, the husband has no obligation to pay alimony to the wife; Unless it is stipulated in the contract. 

The condition of paying alimony in temporary marriage has been accepted by the legislator and there is consensus about it. The principle of the sovereignty of the will of the parties in the contracts also confirms this opinion, but in temporary marriage, alimony is not obligatory, and if there is a condition to pay it, it is not subject to the effects of alimony in permanent marriage.

Legal and criminal proceedings in the Iranian legal system follow two models of jurisprudential and legal; this means that, under two principles of procedural and substansive proceedings it is obvious that the legal principles emanating from the French legal system and the principles of Jafari jurisprudence have been considered; under this integration, problems and even conflicts have arisen in the proceedings. The present research aimed at reviewing these issues and legal and jurisprudential requirements in procedural and substantive proceedings. The present research was conducted following descriptive-analytical methods. The results showed that , first, complaint registration is considered as a procedural principle and correspondence, freedom and authority of judge, documents and evidence, legality, the rule prohibiting the acquisition of evidence, and requirement for the litigants to respond are considered as the substantive principles; second, in jurisprudential proceedings, however, considering some other principles are required including maturity, courage, competence, and dogmatism for claimant; maturity and determination for the defendant; and, clarity, truthfulness, influence, and entitlement for complainant; third, in the legal system, although a legislator considers the procedure and substance of a proceeding, but, in jurisprudential system, the principle and the base is the substance of the case and, even the requirements before substantive proceedings are not correspondent with procedural proceedings in the legal system; fourth, a big array of methods and principles in judicial proceedings in the courts result in conflicts and serious difficulties many of which results from the lack of organization of judicial management system as to make the proceedings in the courts determinative.

Explanation Jihad is one of the very important agendas to deal with any deviation and distortion in the discourse and values of the Islamic Revolution, which the Supreme Leader of the Islamic Revolution has emphasized many times and at various times. This research was done with the aim of analyzing Jihad of explanation and its jurisprudential and legal foundations, and this can be achieved by the method of describing and analyzing the analytical propositions of Jihad of explanation and jurisprudential and legal foundations by collecting library data. Due to the fact that no integrated research has been done in this regard, the question of explanation jihad and its jurisprudential and legal foundations is an issue that needs to be searched until a desired result is reached. Through the study, we came to the conclusion that Jihad of explanation is a cultural Jihad, that is, issues that need to be explained should be introduced to the people and society, and rules based on jurisprudence and law, including guidance of the ignorant, national unity, and observance of morals, etc. be executed

Security plays an incomparable role in the survival and continuity of political systems, and for this reason, crimes against security are of considerable interest to governments And for this type of crime, the punishment is more severe than normal crimes. Governments criminalize titles as crimes against security based on intellectual foundations and under the influence of Mukhtar's discourse and security approach. In this category of crimes, in addition to taking into account more severe punishment, it also deviates from the principle of territoriality. normal crimes, the preliminaries of the crime in this category of crimes are considered the crime itself, and the scope of reluctance to reduce criminal responsibilities is defined quite narrowly. The purpose of the current research is to examine the historical conditions of Iran based on the approaches and security discourses of the world in order to count the lineages and generations involved in crimes against security in Iran. The method of this research is descriptive and analytical with a genealogical approach and has benefited from library studies. The findings show that crimes against security in Iran have witnessed changes and developments under the influence of security approaches and discourses in the world As a result, 5 generations and main streams can be counted. , the lineage of Shia Islamic jurisprudence with a systematic jurisprudence approach is based on monotheistic security discourse and an expanded security approach It was explained as the classiest and most efficient class as appropriate to contemporary security information issues and threats.

Frequent judicial decisions in similar cases are known as judicial procedure. This event, as one of the sources of law, has a significant role in the development and excellence of the rights of societies. But one of the questions that has always been asked is why judicial procedure in the general sense has not had a proper place in Iranian law? Since Iranian law originates from Islamic jurisprudence, the reason for this is the incompatibility of jurisprudence with Islamic rules, to the extent that a number of jurists have denied the principles of jurisprudence in Islamic law. While examining the conduct of the wise and its authority from the perspective of Imam Khomeini and some experts, the functions of the judicial procedure were also explained. It is considered and thus can not be considered an obstacle to the application of judicial procedure in the general sense (rule-making procedure) in the Iranian judicial system.

Improving the user experience (UX) in online stores is crucial for the success of these platforms. Online retailers strive to align their products and services with the needs and expectations of users, and there are various strategies that can be employed to achieve this goal.One important aspect of UX in online stores is responsive design. By creating websites that adapt to different device sizes, such as desktop and mobile, retailers can provide a seamless browsing experience for users. Additionally, optimizing page loading speed is essential to ensure quick and efficient navigation, as slow-loading pages can lead to frustration and abandonment.Simplifying the purchasing process is another key strategy. By streamlining the steps involved in making a purchase, reducing friction, and making it easy for users to complete transactions, retailers can enhance UX. Clear navigation and effective marketing strategies can guide users to the website, increasing visibility and attracting more potential customers.Communication with users is vital in online stores. Providing channels for live chat support or responsive customer service can address queries and concerns promptly, improving the overall experience. Personalizing the user experience based on individual preferences and behavior patterns creates a more engaging and tailored shopping experience.Advanced search functionality allows users to find products quickly and accurately, enhancing usability. Collecting and utilizing user feedback and reviews helps in identifying areas for improvement and addressing any issues or shortcomings. Comprehensive user guides, tutorials, and tooltips can educate and guide users, ensuring they can navigate the website with ease.Security and privacy are of utmost importance. Implementing robust security measures and respecting user privacy instills trust and confidence in the platform.In summary, improving UX in online stores involves responsive design, optimizing page loading speed, simplifying the purchasing process, guiding users to the website, enhancing communication, personalizing the experience, implementing advanced search functionality, utilizing user feedback, providing user education, and ensuring security and privacy. By implementing these strategies, online retailers can create a user-friendly and engaging environment that fosters customer satisfaction and loyalty.

One of the important issues in the proof of the lawsuit is the connection between them. Examining the similarities and differences and the quality of knowledge acquisition in each of them requires that, first, their meaning (scholarship and witness testimony) is explained, then the quality of knowledge acquisition in them should be discussed according to the conditions of each. Therefore, the purpose of this research is to point out the similarities and differences, after explaining how knowledge is obtained, because despite the similarities and differences, the relationship between expertise and eyewitness testimony is better defined, and the value of each, despite the type of knowledge in them, in cases Differently, their position is determined differently, and it can give the belief to any researcher in this field that the difference in attributes and symptoms prevents the possibility of comparison in the concept. The difference in the attributes and symptoms prevents the possibility of comparing the two concepts, explaining that despite the common essence, it cannot be said that the rulings of each of the two concepts are applicable in the other, so the knowledge of each of the experts and the testimony of the witnesses prevents us from examining It is not necessary to be precise about the presence of science in each of them. In expressing the similarities and differences, the best result that will follow is that it is not possible to put each argument in place of another just because of the similarity.

Dealing with affidavits and ordinary contracts facilitates the transfer of ownership of movable and immovable property for people, and it is effective in preventing the payment of economic costs for registering documents and preparing official documents and administrative formalities of official documents, and this causes Dealing with a normal document has become a common way of dealing, which according to the historical attitudes of transactions with affidavits and contracts and the emergence of electronic documents and telegrams, etc., more attention will be paid to dealings with a normal document. Now, in the question of what are the effects and differences between a promise and an affidavit and what will be the effects of not adhering to each one. According to the descriptive analysis that was done in this field, the promise and the affidavit are different from each other and each one has different effects and rulings. For example, in non-adherence to the terms of the contract, the obligation to compensate damages is considered as its punishment, while in the affidavit, non-compliance benefits from legal and criminal enforcement. Also, in the regulation of non-compliance with the provisions of the mentioned contract, sometimes the promissory note is in the capacity of affidavit and sometimes in the capacity of a promise to sell. Therefore, the separation of each link is introduced as an innovative research achievement.

The purpose of this research was to investigate the criminal liability of Internet service providers. The Internet, like other phenomena and new scientific and technical tools, has created new dangerous situations for people at all levels of society, despite its many advantages and benefits. Internet phenomenon has affected the occurrence of crimes in two ways in terms of its unique features. First, it has made it possible to commit new anti-social behaviors that were not possible before the emergence of information technology, and secondly, it has made it easier to commit conventional criminal behaviors and greatly reduced the cost of committing them. Considering the role of Internet service providers in providing tools and facilitating the occurrence of Internet crimes, the legal systems of many countries, for those Internet service providers who knowingly facilitate the occurrence of Internet crimes and do not prevent the occurrence of crimes despite their ability , they have considered criminal responsibility and under certain conditions they can be prosecuted and punished. It is on this basis that the Iranian legislator has emphasized the criminal responsibility of legal entities in the law of computer crimes and for the first time in Iran's law, the criminal responsibility of these persons has been explicitly considered. has a lot, many questions may be raised regarding the scope of responsibility of people in the virtual environment, the Iranian legislator has made the sixth chapter of the law of computer crimes to the subject of responsibility has assigned a criminal offense and the change brought about by the aforementioned law is the identification and creation of criminal liability for legal entities in the virtual environment.

In the original transactions, the civil law has placed on the genuineness of the parties to the transaction, that is, the parties to the contract must transact with each other in their own name and account. The validity of the transaction depends on having the capacity, and this capacity is meant in addition to the capacity to enjoy and the capacity to implement civil rights and capacity. To carry out the desired transaction, the seller, in addition to having legal growth, is the owner of the seller, and if the seller is an immovable property, the buyer must be Iranian. And on the other hand, representation in jurisprudence is taking a representative in possession and in civil law, representation is a contract by which one of the parties appoints the other party to do something for his representative. In all periods of history and among all nations, from a social point of view, the profession of lawyer has been considered among the noblest, noblest, and most important professions. Gives that the family's honor, property, and their lives are at risk. The lawyer is a guiding light for these people. The lawyer is an independent active element and does not obey anyone or any position. 

The statutes governing the relationship between the lessor and lessee concerning protecting the rights of lessees of commercial properties remain silent in their presupposition of dissipation and detriment. Whereas the legislature has failed to delineate the right to conduct business, trade, and goodwill in the event of loss suffered by a business entity due to accidents or waste caused by the fault of a landlord or third party, henceforth, concerning the aforementioned matter, the prosecutors are not confronted with the principle of the unity of judicial procedure. In order to fill the gap in the legislative-judicial system of Iran, establishing the institution of "real representation" makes it possible to protect property rights in the case of its loss through transferring the rights to the replaced property. The purpose of the ensuing article is to elucidate the legal stance of the real representative entity in safeguarding the rights of the lessee. This article employs a descriptive-analytical methodology that relies on the examination of documents and library data. According to the findings of this study, representation in Iranian law has been established based on personal representation. However instances of real representation can be found in certain jurisprudential and legal documents such as lease agreements, mortgages, endowments, insurances, and the like. The present article undertakes an analysis of the feasibility of achieving real representation in the lessor-lessee relationship. The two fundamental prerequisites for the real representative entity, which safeguards the rights of lessees in the event of commercial premises loss or destruction, as well as contract dissolution, are "the presence of a legitimate right that is subject to decay" and "the ability to transfer the right to the replaced property". These conditions apply to both contractual and legal (compulsory) forms. The aforementioned measure serves to impede the termination of the lease agreement and its resultant consequence, namely, the expulsion of the lessee from the commercial premises.