جستجوی مقالات مرتبط با کلیدواژه « hearing » در نشریات گروه « علوم انسانی »

The issue of hearing of the dead is one of the important topics that has received considerable attention from both Shiite and Sunni theologians, with various interpretations being presented in support or opposition to it. One of the arguments used by opponents is the adherence to verses 80 and 81 of Surah An-Naml, which apparently indicate the impossibility of hearing of the dead. According to the exegetes, the dead referred to in these verses are metaphor for disbelievers. Considering the truth reflecting nature of the Quranic verses, there is a real and true relationship between the metaphors used in the verses and their true meanings. Therefore, applying the term "dead" to disbelievers signifies a shared reality between the two, leading to the validity of using the term "dead" in a different meaning (i.e., disbeliever). This paper aims to provide a new interpretation of the non-hearing mentioned in the verses by analyzing the relationship between the real and figurative meanings of death and utilizing ‘Allāmah Ṭabāṭabā’ī's theory of ‘coining words for the spirit of meanings’. Through the analysis of this relationship, it becomes clear that death means the absence of effects and qualities in a thing, which is evaluated in relation to any given subject. In the case of the discussed verses, a human being who is not responsive to truth and guidance (i.e., a disbeliever), is dead in reality.

In the Quran's account of humanity’'s initial creation, three types of perception are identified: by heart, by ear, and by eye. However, the Quran also proposes a more intricate ‘perceptual structure’ involving both independent and intermediate perceptual interactions. Within this structure, the human heart is defined as an independent agent of perception, exerting influence over other human perceptual faculties such as reason, sight, and hearing. The Quran doesn’t suggest that other forms of perception associated with philosophical psychology, including touch, taste, imagination, illusion, memory, and thinking, are directly attributed to the heart. However, an indirect influence of the heart on these faculties can be inferred from the meaning of Quranic verses. This paper employs a thematic, verse-by-verse approach to analyze Quranic verses related to the heart. A key finding of this study concerns the direct and comprehensive influence of faith and disbelief on the heart's perceptual activities. In cases where the heart harbors disbelief, a significant portion of its own and other perceptual functions may become blocked or disabled.

“List analysis” apparently differs from the oral and written distinction and rejection of the oral tradition from the Shiite culture. Given the difference in learning from the newly written and their republication, this study presents a reading aligned with current understanding and classifies the fundamentals of this theory into two categories: 1) the immunity of the written text, and 2) effects of the process of learning hadiths under two sub-categories of number of narrators and the time lapse since the issuance of the nass. The outcome of the critical analysis of these fundamentals and the ensuing reasoning is, first, the immunity of the written text compared to the oral narration, and, secondly, lack of effect of number of narratives on the process of oral and written narration. For, despite the assumptions of this approach, first, the multiplicity of narrators provides more opportunities for obtaining hadith texts, and, secondly, it is not possible to claim the possibility of oral transmission in an earlier period and rule it out in a later period.

Although the right of the attendance the people in court according to publicity of the hearing is thought of as a fundamental principles of proceedings and plays a pivotal role in the accomplishment of a fair trial, sometimes publicity does not secure good administration of justice so that a hearing held in camera fits in with the interests of justice in proceedings. Accordingly, there are a few exceptions to the principle of public trial in the international human right system and Iranian criminal system whenever preserving individual or collective interests requires. Aim of this research is to answer the question that how many similarities exist between international human right system and Iranian criminal system in the context of exceptions to the attendance the people in criminal hearing, and also scope, and formalities of their.The present study was carried out using a descriptive-analytical method and library resources.      The findings of the research indicate that mention of some exceptions (including interests of justice; religious or ethnic feelings; forgivable offenses) in Iranian criminal system and the international human rights system are not very consistent, but most of the legal examples This issue (including national security, public order, morals, juvenile proceedings, family lawsuits) is coordinated to a large extent in these two systems. Therefore, In general, It has been concluded that despite the unreasonable scope and ambiguity in the meaning and meaning of some of these exceptions, as well as the difference in the scope of some examples and the way they are applied in both systems -which could be attributed to the nature of the governing system in Iran and the international community and their different criteria-; it can be acknowledged that regarding the exceptions of the presence of people in the hearing, the Iranian criminal system and the international human rights system are largely aligned and consistent with each other.

The conception of administrative justice in any legal system is a function of political action. That is, it is more a product of the political agreement of the nation of land than a metaphysics conception. This concept primarily focuses on the fair distribution of resources and then on fair administrative decisions. Administrative justice is the basis for the structuring of the administrative system into an advanced legal system that applies to the equitable distribution of wealth through administrative law and legal principles derived from the customary concept and are sometimes defined in procedural and substantive principles in administrative court proceedings. Therefore, we are faced with a concrete concept that understands the system of administrative law and public law as defined by legal principles. These concepts are shaped by common social values and, after legal incorporation, their customary concept becomes legal. The concept of administrative justice in the judgments of the Administrative Justice Court has been expressed in two principles of impartiality and proportionality. The first principle deals with the concept of administrative justice procedures and the principle of proportionality of its substantive concept. Therefore, the most important application of the concept of administrative justice is to determine the legal principles that are relevant to it in administrative proceedings and in the jurisdiction of the administrative justice court.

In the first verses of Surah Faslat, God speaks of the revelation of the Book and the details of the verses and the glad tidings and warnings of them, and after that, He turned away a large number of infidels with the phrase: In other verses, he refers to the history of the people of 'Aad and Thamud. They prefer guidance and are afflicted with torment.However, before telling the story of the people of Aad and Thamud, God speaks of the destiny of a day on earth and its equality for the questioners and the importance of the question in enjoying a day.This article intends to classify and analyze the verses of Surah Fussilat based on the favorable situation (the flow of truth) and the unfavorable situation (pseudo-false current) to discover how to activate human cognitive tools such as "hearing" and "seeing" and thus Man's mediator uses his inner "question" and "desire" in order to reach the desired situation so that man can benefit from the verses of the Qur'an and its functions, including: "guidance", "healing" and "remembrance" and with Increase your interest in understanding the facts by asking questions in "perseverance" and "forgiveness". Otherwise (the tendency of the question to arrogance and general favoritism), he will leave the cycle of cognition and science and a veil will be drawn between him and the facts.

Music is very important in the mythology of different nations. This science, as one of the parts of theoretical wisdom, has an unbreakable connection with literary mysticism through similarity in intuitive and inner perceptions, metaphysical dimension, infallibility, etc. The conceptual expansion of music originated from here, which led to liberation from the monologue and one-dimensional atmosphere and to the music of the cosmic spirit, which gradually penetrated and gained strength in mysticism. The perception of music, which is a manifestation of mystic hearing and the resurrection of the worlds and spiritual states of the seeker, reveals and intuitively finds a celestial and cosmic music and directly engages emotions and feelings.Molavi has a very aesthetic view of receiving music, and because it is at a high level of heart import in esoteric receptions, and in other words, it is a symbol of all systems, customs and habits, the connection between his view and his thoughts with cosmic music is important. Show

Vocabulary differences between languages indicate differences in the cultures associated with each language. Polysemous words in any culture can be an expression of such lexical differences in a language. In cognitive semantics, there are different approaches to the polysemous phenomenon in language; The theory of Frame semantics is one of these approaches in cognitive semantics that has looked at the issue of polysemy from the perspective of semantic frames. The revised form of this theory has been realized in FrameNet . Semantic frames are semantic packages and each frame is composed of semantic components called frame elements. Semantic relationships in this network are presented as relationships between semantic frames. In this article, an attempt is made to provide a semantic and corpus-based analysis of the polysemy of the conceptual domain of the verb "Listening" in Persian based on the principles of the FrameNet network in English. Accordingly, the keywords "šeno", " šenid" and "guš" have been studied in the Persian database . Among the concepts found in sentences extracted from the corpus, six semantic frames of Perception_active, Perception_experience, Awareness, Compliance, Seeking and Attention and two "inheritance" Frame to frame relations between "Perception-Active" and "Perception-Experience" Frames and "use" Frame to frame relations between "Attention" and Perception-Active" Frames were extracted. The results of the analysis show that the current approach to the phenomenon of polysemy is an efficient approach to study the meaning of the verb "Listening" in Persian and can provide a picture of Persian language culture in this conceptual area.

There is disagreement in jurisprudence about the validity of litigation or the demand for proof of ownership. Some courts accept such a lawsuit and others issue a non-hearing order. Despite some legal research and judicial efforts, the current issue is still relevant and a well-established scientific perspective has not been formed. In this article, while explaining the issue in a preliminary way, the opinions of the proponents and opponents of the validity of such a claim and the critique of each are briefly presented. Then, an example of a judicial procedure based on opposing the validity of the mentioned lawsuit is given and analyzed. In the end, For reasons such as attention to the existence of a legal dispute in ownership, referring to the decision of ownership in some laws and the non-contradiction of the proceedings of such a lawsuit with the jurisdiction of the state registration office and other reasons, a detailed summary of the author on the validity of the claim for proof of ownership is presented except in exceptional cases and as a result of the superiority of the opinions of those in favor of the validity of the said claim.

One of the profound concepts that has been used to understand the hadith of Ahl al-Bayt (AS) and requires attention and reflection is the word wa'i, which has been emphasized in several hadiths. The wa'i (keep) of a hadith, in short, means receiving the whole hadith and away from mentalities and prejudices in order to open the way to reach the infallible purpose. In this research, the word wa'i and its uses in the Qur'an and hadiths have been discussed in order to obtain its meaning in the words of the Ahl al-Bayt.

Bankruptcy means the trader is unable to pay the debt. By issuing the verdict of bankruptcy, the merchant is deemed Mahjour (interdicted man) and will not be allowed to seize his/her property. After that, the legal competence of the bankrupt person is left to the receiver in part of his financial rights. It is possible that a businessman intentionally or by his/her negligence acts that would cause him to go bankrupt and cause a loss to creditors. Therefore, the criminal legislature has criminalized two criminal titles of bankruptcy due to fraud and bankruptcy because of fault. If the bankrupt person's case is in the process of proceedings, his hearing will be suspended pending the appointment of the receiver. In relation to the effect of issuing the verdict of bankruptcy on the implementation of the court decision, if decision is related to financial matters, the proceedings will be suspended, but if the sentence is related to non-financial matters, the proceedings will not be stopped.

The conditions to consider a first instance verdict absentia are mentioned in Article 303 of the Code of Civil Procedure which states the absence in the hearing and the lack of written defense and the lack of actual notification of the notice as conditions for the sentence to be considered in absentia. The expression of article 303 of the Code of Civil Procedure shall be noted and investigated in several ways. Article 364 of the Code of Civil Procedure has also stated the conditions of the absentia verdict in the appeal stage, which are different from the absentia verdict in the first instance stage. The expression of this article also has some notable points that need to be studied and analyzed. The examination of the issue shows that adding the condition of “lack of actual notification” mentioned in Article 303 of the Code of Civil Procedure has created a change in the conditions of a verdict to be considered absentia in the first instance stage and has minimized the instances of an absentia verdict in the this stage. However, the legislator did not include this condition in Article 364 of the Code of Civil Procedure, and this has led to a significant difference between the absentia verdict in the appeal stage and the absentia verdict in the first instance stage.

Auditory perception, or hearing, is a major human sense, which was investigated by Muslim philosophers and neuroscientists. Muslim philosophers, particularly Mullā Ṣadrā, have provided careful accounts of the issues concerning external senses such as hearing. In his view, auditory perception occurs in the human soul, while neuroscience provides a fully material account of all perceptions, including auditory perception. From a neuroscientific viewpoint, sounds pass through interior layers of the ear to reach auditory neurons, in the course of which they undergo a complicated process leading to auditory perception. However, Mullā Ṣadrā believes that the whole process occurring in the auditory system is just preparatory for perception of sounds by the human soul. This is the soul that creates the true nature of sounds. On his account, the relation between sounds and the inner self is like that between actions and their agents, where actions are done by their agents, rather than that between a passive entity and what it receives. For this reason, Mullā Ṣadrā holds that the account of auditory perception offered by natural scientists is objectionable, since they involve a confusion between preparatory causes and efficient causes. The accounts provided by natural sciences rest content with an elaboration of material stages of auditory perception, while Mullā Ṣadrā believes that perception is non-material in nature, which is just enabled and prepared by those material processes. Accordingly, Mullā Ṣadrā offers the following account: when the soul has a relation with the natural external world through its attachment to the body, it creates a similar image of the external object, where that image is both caused and known by the soul. After the auditory perception, the human soul draws on the images derived from physical entities or those received from the spiritual world (the imaginal world, or ʿālam al-mithāl) creates images in its imaginary perception as well. Contrary to senses that are limited to material entities, imagination extends to the supernatural world as well. Thus, according to Mullā Ṣadrā’s philosophy, imagination includes a number of perceptions, such as perception of sensible entities while no matter is present, their perception in dreams, and imaginal perceptions. Perception of sounds in the absence of any external material sources does not require material tools or organs, since many material features do not exist in that realm. This is comparable to memory in neuroscience, although it has not yet offered a plausible account of conscious selection of memories. Moreover, the hearing that occurs in dreams does not involve an environmental system. Although some people still perceive the waves of the material world in their sleep, this is a very different process from that of sensory audition. In the hearing that occurs in dreams, one might hear an intense sound like thunders, which affects one’s soul just like hearing in the waking state, although it was not perceived by the material organ of hearing; that is, one’s ears. Hearing in dreams is indeed one piece of evidence adduced by Mullā Ṣadrā as an argument for the immateriality of perceptions, but this type of hearing is investigated in neuroscience as a kind of dream. Despite their accuracy, the findings of neuroscience here merely demonstrate that perception occurs with the stimulation of certain cells in the body, but the stimulation does not show whether the area in question is a center for processing and storing information or a pathway through which information is transferred. Also in imaginal hearing, only external sounds of the imaginal world are heard, without being mixed with inner secretions, and the sound in the imaginal world does not require material factors such as waves and frequencies. For Mullā Ṣadrā, if the human imaginative faculty is strong, the relation with the imaginal world can occur in the waking state such that hidden imaginal forms are presented to the person, who will thus be able to hear sounds from the imaginal world. Because of its non-material character, this stage of auditory perception is not subject to neuroscientific investigations. The final stage of auditory perception is intellectual hearing, which is the highest degree of auditory perception, which has degrees of intensity and weakness, just like light. Intellectual hearing has degrees, the lowest of which has traces of imaginal sounds, but the higher we go on the scale of intellectual hearing, we come closer to a realm in which no imaginal properties are involved, a realm of pure perception. In its evolutionary course, intellectual hearing reaches a degree where it perceives profound supernatural ideas in the most translucent form. This is a hearing that emerges with the rise of the acquired intellect (al-ʿaql al-mustafād) and then gradually grows.

In some contracts, the clause of amicable or friendly negotiation is written as a preliminary solution to the dispute when the parties of those contracts determining the binding methods for resolving the dispute. Of course, when the negotiation and the dispute resolution is failed, the jurisdiction of the court or arbitration, can take its jurisdiction over the case. The problem is where that while the process of negotiations did not taken place and the parties referred the case to court or arbitration; in this situation, the question arises as to whether the existence of a friendly negotiation clause is an obstacle to the judicial or arbitral proceedings. In this article, on the occasion of the judgment issued by Branch 141 of the Tehran Court of Law (Specialized Complex for Commercial Disputes), in which a Court decision of non-hearing the claim was issued due to the lack of friendly negotiations. The Procedural effects of the clause of friendly negotiation on the right to sue and the issuance of a non-hearing decision have been criticized and alternative solutions have been proposed according to the economic analysis of the law.

Article 79 of the Rules of Procedure of the International Court of Justice deals with the subject of preliminary objections. Preliminary objections refer to two types of objections related to competence and audibility. Articles 34 and 36 of the Statute deal with the jurisdiction of the Court, but there are ambiguities regarding the hearing, the Statute and the Rules of Procedure of the Court, in the sense that its instances have not been specified. In this descriptive-analytical study, we seek to determine the cases of inability to hear the petition in the court proceedings. . In cases where the lawsuit is filed through a lawsuit, it is very common for the defendant government to raise preliminary objections. Such objections are designed to prevent the court from issuing a ruling on the nature of the dispute According to the Court's case, cases of inadmissibility include abuse of rights, lack of dispute, lack of interest, political disputes, diplomatic protection, other dispute resolution methods, fictitious disputes, the need for judicial observance, and abuse of court. Cases such as lack of legal capacity to file a lawsuit and the unreality of the dispute have sometimes been cited in the lawsuit, as well as the unscrupulousness of the plaintiff, whose examples (not the principle) have not been accepted by the court in any case.

The legislator in Article 683 of the Islamic Penal Code, as it is known, considers half of the diya (blood money) in the hearing loss of a person with one hearing ear. The only person who disagrees with this view is Ibn Hamza al-Tusi. He distinguishes between deafness for criminal reasons and non-criminal and congenital ones. By studying the principles of most of the jurists’ viewpoints, it was concluded that the fatwa to halve the full diyat on hearing in both ears has weak basis or reasons and the claim of the jurists on the non-inclusion of narratives in the other main benefits of the person’s body – based on the multiplicity of benefits and the mere attribution of the benefits to extreme strength and weakness - confirms this fact. In addition, most of jurists’ viewpoints on the diya of hearing implies a full diya in total hearing. However, a person’s hearing may be weak or strong. In addition, while rejecting the possibility that the fatwa of Ibn Hamzah was comparative, it became clear that the narrative on which the possibility of comparing hearing to sight, was related to the eye, not sight. In addition, in that narrative, there is no distinction between blindness for criminal and non-criminal reasons. Therefore, in determining the diyat for the complete hearing loss, the narratives consider the full diya, and the case where the hearing of one of the two ears has already been lost because of a crime is beyond these narratives.

Bring an action is with the petitioner, therefore determining the title of action is dependent on the decision of plaintiff. The legislator has not, except in exceptional cases, chosen the mandatory titles for civil actions and has assigned the choice of title of action to the plaintiff due to the unlimited examples of civil actions and because of the base and nature of action. Therefore, the prosecutors are required to recognize the decision of the plaintiff to name their action. However, the title of the plaintiff is different from the one that is common for action or the legislator has used. In fact, the principle is on the authority of plaintiff to determine the title of a civil action unless the legislator itself specifies the elements and the title of the action, in which case the elective title of the legislator is mandatory. The principle of mastery of parties on the thematic directions of action and the principle of hearing action confirms the authority of plaintiff in determining civil action. In this article, the existence of this principle in the civil proceedings is investigated and confirmed.

The meaningful repetition of the phrase "as’sam’ wa’l absar" (hearing and sights) in the verses of the Holy Qur'an has for centuries posed an unanswered question to commentators as to why God has combined hearing in the singular and sights in the plural. Following the answer to this question, we study the neural pathways of the auditory and visual systems in the brain and reveal the secret by comparing the two. This article reveals the wisdom and reason for this way of expressing the Holy Quran from the point of view of anatomy and physiology of the nerves of the senses of sight and hearing. In a way that: when the sound reaches the ears, a sensory message is created in the cochlea. At the very beginning of the journey, both ears transmit their voice messages to each other and send them through both parallel paths in the brainstem to both hemispheres of the brain. Both hemispheres of the brain receive [the same] message from both ears. This is while half of the message of the sense of sight that is created in the retina of each eye, goes to the opposite hemisphere. Eventually, the right hemisphere of the brain sees the left half of the field of view, and the left hemisphere, the right half of the field of view. In other words, the two hemispheres of the brain see two different scenes, but they hear a single sound! Also, in the visual system, not only two-eyed messages are not accompanied; rather, each eye uses separate paths, even to transmit the colors, movements, and shapes it sees. In the cerebral cortex, more than twelve specialized regions are used to process various retinal data. Therefore, according to the scientific findings of the last few decades, the intentional repetition of the word "as’sam’ wa’l absar" in the Holy Quran is undoubtedly one of the miracles of this holy book.

Under Iranian Civil Procedure Act, claimant, when making Action, has to determine the cause of his/her Action. While according to the paramount opinion in Shiit Jurisprudence, principally the whole Actions have to be heard even when cause of Action has not indicated. From this view point, as a rule, it is the court that is bound, at the commencement of hearing, to explore the cause of Action and on that basis, makes judicial decision. By accepting this opinion which has been applied in some court's decisions, in addition to respecting the fourth principle of Iranian Constitution, it is possible to transfer the subject of determination and achievement of cause of Action, from the section of formal conditions of petition to the section of hearing bars which naturally results in changing the decision making authority from court clerk to judge. In French law, although the phrase "cause of Action" has not been used and defined in civil procedure Act and jurist has expressed different opinions in the matter, according to that Act, claimant is obliged to indicate legal and subjective bases of Action.