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

The problem is, what is the reason for Moses' severe rebuke of Aaron in the story of the Israelites' calf worship? Syed Morteza believes that since Harun was Moses' partner in the mission and they shared profits and losses, Moses treated him as if he were his own and the way a person treats himself when he is angry. And it is possible that at that time, taking its head and pulling it was not considered disrespectful, and it is possible that saying the phrase ﴿La tākhūdh bilhiṭī walābrāsi...﴾ by Aaron was due to his fear of the children of Israel's false assumption that Moses would blame him, or that the content of this Musa's speech is a consolation and an invitation to patience. The author believes that his point of view is far-fetched and improbable. Apparently, what caused such an interpretation of Sayyid Morteza is his theological basis about the absolute infallibility of the Prophets (pbuh); But it is possible to provide an analysis that is more compatible with both this basis and the appearance of the verses, and it should be noted that the field of interpretation of the verses is not a wide and wide-ranging field and is only limited to urgency and necessity. It seems that the severe rebuke of Moses (pbuh) towards Aaron (pbuh) was a means to wake up the children of Israel to realize the severity and magnitude of their mistake in worshiping the calf.

The House of Lords in the British legal system and the Supreme Court in Iranian law as the highest authority in the judicial structure have a legislative - historical background. In this regard, the House of Lords, known as the Supreme Court in the new rules of the country, in addition to its special mission in the final hearing of objections to the highest courts, in the light of the special structure of the common law system. has played a special role in the regulation and creation of legal rules and regulations in the United Kingdom and has practically a function similar to the legislation in the Iranian legal system. However, in Iranian criminal law, the Supreme Court, in addition to exercising oversight by examining some objections (appeals and retrials) regarding the rulings issued by the country's courts in order to eliminate judicial errors and ensure the correct implementation of laws, by performing its duties in the form of Interpretation of issues and assignment of cases in cases of dispute in the procedure of courts while issuing a ruling on unity of procedure, resolving disputes in jurisdiction, reviewing the objection of rejection of the judge in case of multiple judges, prescribing referrals and violating the verdict rules due to non-compliance acts to protect the laws approved by the legislature.

The right to protest is one of the political rights and freedoms of citizens, which has many solid foundations from the point of view of religion and Islamic culture. In this article, the views of the Qur'an, Sunnah, consensus and reason regarding the legitimacy or illegitimacy of protest are stated. In terms of the nature of the data, this research is of a qualitative type and has been carried out with a descriptive-analytical method. The library method has also been used to collect information. In this article, the Qur'anic bases of the legitimacy or illegitimacy of the protest were first stated. Then, the view of the tradition regarding the legitimacy or illegitimacy of the protest was expressed. The narratives and stories mentioned in this context each of them in some way express the permissibility of people's protest against the ruler in various issues including political, religious, and cultural. Finally, the consensus view regarding the legitimacy or illegitimacy of the protest and the rational view regarding the legitimacy or illegitimacy of the protest were discussed. In the rational point of view, the documents of those who examined the protest from a rational aspect are also mentioned.

The commentary attributed to Imam Hasan ibn Ali al-Askari (AS) is one of the significant early Shiite narrative exegeses from the third century. It has been a subject of controversy, criticism, and discussions among both early and later Imamiyah scholars. Due to certain weak and incorrect content in this commentary and debates surrounding it, along with the question of its attribution to the Eleventh Imam (AS), the issue arises: if the current text of the commentary does not belong to Imam Hasan al-Askari (AS) or his venerable forefather, then who is the author? Is there any evidence to demonstrate that this work belongs to a specific individual? Recently, a comprehensive book addressing the attribution and recognition of the author of "Tafsir Askari" has been written, consisting of thirteen chapters. This paper introduces this book, provides a summary of its chapters and findings, identifies the author of "Tafsir Askari," and, by reviewing evidence from the commentary and other historical documents, argues that the author of the commentary is indeed Hasan ibn Ali al-Askari, also known as Nasir Lil-Hagh Aṭrūsh, the Alawi ruler of Tabaristan and Imam of the Zaidiyah.

Many contemporary intellectual trends and movements seek to confine the true understanding of religion within their own frameworks. Religious texts, even after 14 centuries since the emergence of Islam, continue to be the subject of debate and scrutiny by scholars. Some scholars consider these texts to possess divine truth, while others label them as mere texts in order to facilitate their historical analysis. The primary and ultimate goal of religious texts is to guide humanity. However, certain trends attempt to approach religious texts with leniency and a materialistic perspective that considers matter as the governing force of thought. Shahrur is among those who have been influenced by Marxism, which stands in contrast to idealistic perspectives that consider thought as the governing force of matter. In both views, there is a connection between thought and matter, which shows a kind of disregard and oversimplification, and has caused each of them to adopt a different and sometimes opposing method. Heritage, consisting of religious, moral, and social values, shapes the identity of every Muslim individual. One of the most important reasons for returning to heritage is that throughout Islamic history, there has not been a single influential and significant event other than the phenomenon of revelation. This revelation brought about the Quran, the Prophetic tradition, and the Ahl al-Bayt (the Prophet’s household), leading the nascent society of the pre-Islamic era towards civilization and introducing them to other nations through the teachings of the Prophet and the conquest of other lands. Shahrur, with his traditionalist Salafi thought, opposes this progress and considers it an obstacle to growth and modernization, resulting in stagnation in science and technology. He dissociates himself from traditional heritage and regards all Islamic heritage as traditional while simultaneously embracing Western and Orientalist heritage, which is summarized in materialism. His adherence to Western materialism has led him to deny the divine nature of the Quran and consider it as a historical text. This paper delves into the roots and foundations of Shahrur’s modernist ideas, demonstrating that they are all derived from Western Orientalist and Marxist thought. Furthermore, it critiques these foundations.

Normally, upon rendering the arbitration award and serving it to the parties, the connection of the arbitrator with the case is terminated. However, in many cases the dispute between the award creditor and award debtor concerning the arbitration award, continues through the filing of lawsuit to demand annulment the arbitration award and to be dealt with it during the two stages of first instance and appeal. In practice, regardless of the outcome of the dispute, the arbitrator has very little involvement in the process of the proceedings dealing with the annulment of the arbitration award. This is so while he is the person with a greatest knowledge concerning the arbitration process that has taken place. Moreover, the outcome of the annulment of the arbitration award can damage the personal and professional reputation of the arbitrator or the arbitral body, and may provide the ground for the imposition of civil liability on the arbitrator or arbitral body. In this article, by considering one example of the judicial precedent, we shall examine the legal power of an arbitrator to defend his award during the proceedings of the annulment of the decision or after the final annulment of the arbitration award. In the end, it has been concluded that supporting the presence of the arbitrator during the annulment proceedings and the interaction of the court with the arbitrator is acceptable, and with certain conditions, it is possible for him to object as a third party to the annulment of the arbitrator award, and consequently, the award may be reversed.

Objection is viewed as the main theme of Persian literature which addresses different topics, including complaining about the world, mischance, illness, prejudice of enviers, injustice, cruelty, inhumanity, debauchery, etc. This type of literature has a very important place in the works of many Persian poets, and it helps to fully understand their personalities and various moods, their expectation of an ideal society, and even their strong or weak points simply because poets have composed poetry of this type from the bottom of their heart which shows their real feelings. Obviously, dissatisfaction with their current situation serves as the incentive and cause of objections. The current descriptive-analytical research has focused on the themes of objection in the Mathnavi by Rumi. Complaining about enviers and false believers, as well as making objections to infidels, insincere wise men, criminals, and the greedy, all represent individual and social themes of objection in the Mathnavi by Rumi. The higher number of social objections than personal ones in the Mathnavi by Rumi proves his social concerns.

In recent decades, arbitration has emerged as an effective method for the peaceful settlement of international disputes. However, the dominance of national courts over the arbitration process, as well as its rulings, remains strong. Recognition of the right to challenge the arbitrator's award in international instruments such as the ICSID Arbitration Convention and the International Commercial Arbitration Law in the Iranian legal system is the most important manifestation of national courts' oversight of the arbitration process; However, support for the arbitration process requires that the grounds for objection be as minimal as possible. Explaining Evaluating the effects on them seems inevitable. The descriptive-analytical study of this issue confirms that the non-substantial intervention of the national courts as well as the non-extraterritorial implementation of the annulled arbitral award are the most important effects on the objection to foreign and international arbitral awards. Regarding the aspects (cases) of annulment of foreign and international arbitrations, it should be said that the development of these aspects in the Iranian legal system - which is reflected in the cases of annulment and invalidity of the award in the International Commercial Arbitration Law - is a serious threat to development. Optimal arbitration and its institutionalization in the field of social, economic and international relations, which requires the determination of the country's legislator to make reforms in this legal establishment.

Execution of the sentence is the last step in a trial process in which the result of the verdict will be realized for the convict. In other words, all other steps will be ineffective if the execution step is not carried out well. The purpose of the present study is to examine the rights and obligations of third parties in the execution of sentences. The third party refers to all natural or legal persons who do not have the title of plaintiff and defendant in the main petition. A third party may intervene before the conclusion of the proceedings in the initial or appellate stage if he or she has an independent right or considers himself or herself a beneficiary in the right of one of the main litigants. But one of the stages in which the third party has rights and obligations is the stage of execution of judgments in civil proceedings as well as the Court of Administrative Justice. In general, the purpose of third party intervention in the civil proceedings, especially in the enforcement phase, is the realization of third party rights, with the difference that the time of third party intervention, either as voluntary intervention (entry, protest) or forced intervention (arrest), is different. And also the conditions of its design will be different according to its type according to the Code of Civil Procedure and the Law of Organization and Procedure of the Court of Administrative Justice.

The House of Lords in the British legal system and the Supreme Court in Iranian law as the highest authority in the judicial structure have a legislative - historical background. In this regard, the House of Lords, known as the Supreme Court in the new rules of the country, in addition to its special mission in the final hearing of objections to the highest courts, in the light of the special structure of the common law system. has played a special role in the regulation and creation of legal rules and regulations in the United Kingdom and has practically a function similar to the legislation in the Iranian legal system. However, in Iranian criminal law, the Supreme Court, in addition to exercising oversight by examining some objections (appeals and retrials) regarding the rulings issued by the country's courts in order to eliminate judicial errors and ensure the correct implementation of laws, by performing its duties in the form of Interpretation of issues and assignment of cases in cases of dispute in the procedure of courts while issuing a ruling on unity of procedure, resolving disputes in jurisdiction, reviewing the objection of rejection of the judge in case of multiple judges, prescribing referrals and violating the verdict rules due to non-compliance acts to protect the laws approved by the legislature.

Objection to the plaintiff's representative at the time of filing the petition is one of the objections that cause a dismissal order according to Articles 84 and 89 of Iranian Civil Procedure Act. This objection does not apply if the petition is filed by the principal, because the authority is a matter for the representative only. In addition, the effects of missing or losing a position during the trial are different from the absence of a position for the plaintiff's representative at the time of the lawsuit.In this article, while dealing with the concept of representation and some of its examples in the judicial procedure, the issue of lack of position and its effects in the Iranian civil proceedings are examined. The main question is what the objection of not holding the authority means and if this objection is found in the proceedings, what decision should the court make about it? There are several possible reasons for the illegality of the person claiming representation; In any case, the court must prevent the intervention of the person without representative in the proceedings by asserting this during the trial.

According to the principle of the necessity of the contract, whenever a person undertakes to do something, it is his social, legal and moral duty to perform it. Of course, according to the subject of the research, the objection in the implementation of the contract is exceptional on this principle. Commitments are affected by voluntary and involuntary issues that stop the performance of obligations. Matters such as war, natural disasters and disease, death and hardship are among the most important cases of termination of contractual obligations. The purpose of this study is to identify the cases of objections that as a result of the elimination of these cases, business relations flourish. Considering the principle of necessity of contracts, resorting to accepting the objection of the contracting party will not be accepted. The parties are not allowed to change the terms of the contract unilaterally. In this study, it has been investigated that in case of incidents that lead to the suspension of the obligation, it will cause the obligation to be revoked, which has been studied comparatively with British law.

Writs form one of the most important types of judicial decisions in courts. The question which always challenges lawyers mind in terms of analyzing the type of judgments of the objectionable by a third party is whether or not writs can be objected similar to judgements by the third party. The compilation quality of the relevant regulations from the code of legal procedure in 1290 to the civil procedure law in 1379 and applying the terms » every kind verdict and writ« in previous laws and the phrase » every kind judgment« in new code, as objectionable judgements, the necessity of obtaining condition of disorder to the right of third party for accepting the protest, the elements and features governing to » judgement of court « and the other principles governing to procedure rules, have caused to law intellectuals to be different in opinions on the possibility or impossibility of the third party protest to the interlocutory writs, finals decrees or writs of attachment. Regarding the studies on different opinions and relevant explanation, the present essay, will reveal the fact that in spite of the general application of the term »judgment« in articles 417 and 418 of the code of procedure… in civil matters 1379, the rules of third party objection only includes the judgements not any writs.

Arbitration has been considered by governments, lawyers and businessmen as one of the best and most efficient ways to resolve disputes peacefully, especially in the field of trade relations. The nature of the arbitral award cannot be extended to votes cast on the basis of error, bribery or violation of the fundamental rights of the parties. On this basis, and in order to prevent cases such as possible abuses of the parties, arbitrators exceeding the limits of authority, etc., objections to arbitral awards have been considered and supported both in national regulations and in important international documents. However, support for the arbitration process requires that the grounds for objecting to the vote and its violations be kept to a minimum, and that their diversity will always be in the hands of the convict so that he can easily shrug off the vote, and this It is in conflict with the purpose and philosophy of arbitration. In Iran, the most important law on arbitration is the Commercial Arbitration Law of Iran, passed in 1997, which is inspired by the UNCITRAL Model Law of the United Nations Economic Commission for 1985, and although its adoption is a step forward, this law is still in the field. There are some shortcomings such as determining the nationality of the arbitrator, the scope of application of the law, the directions of annulment of the verdict, and the effects of objecting to the arbitrator on its executive process.
In all legal systems, court oversight of the arbitral award is recognized, and the award can be challenged in the court of the country most closely associated with the case; Violations of arbitral awards are similar to national regulations and international instruments, and almost identical.

compulsory acquisition ofland byexecutive bodies for public interest is permitted bypayment of compensation and observance of the lawIn order to do solaw must giveopportunity to object to theprocess ofacquisition and maintain the right to compensation toindividuals whoseproperty rights are affected by related actions.Due tocharacteristics of speed, low cost, and expertise in examination,quasi-judicial authorities havecreated a suitable solution in this fieldIn this article with an analytical-comparative approach inIranian andBritish law we seek to answer questions what is theposition of quasi-judicial authorities in the acquisition process?And by what principles are therights of owners and persons affected by ownership protected inthese authorities?In Britishbefore approving the order of compulsory acquisition by Minister related to acquisitionhe proceeds toexamine objections through two way;written representations, public local inquiry.LandTribunal determines compensation under standard procedure;simplified procedure;special procedure;written representations procedure.In both ways,the right holders are informed about provisions of the administrative authority's decision,the principles of natural justicehearing of the statements and reasons ofparties,the documented and reasoned decisions,and theability to appeal is recognized.in Iranian law, thecorresponding rules on the objection to theprocess of acquisition are not provided for in the quasi-judicial authority, and at thesame time there are shortcomings indetermination of compensation expert board.Therefore, suggestions have been made to amend thelaws

The defense against plaintiff can be done in two deferent ways: denial of claim and challenging it (substantive defense) and objection to violation of procedural laws (formal or procedural defence). Each of these methods has its own nature and consequences. The subject of this paper is determination the scope of procedural defense and finding a criterion recognizing it from substantive defense. Taking it to consideration that the base of procedural defense is violation of formal rules, the criterion of recognition must be followed in the merit of these rules. Thus, the deference between procedural and substantive defense refers to the issue that whenever judge based on defense can express his opinion about substance we are facing with a substantive defense. But if the defense does not enable the judge to recognize the beneficial party, it will be a procedural defense. Lack of attention to this criterion has obscured recognition of defense methods in the legal provision, judicial procedure and doctrine.

In accordance with Article 30 of the Civil Code, any owner may seize any property in his property. The article, which is based on the rule of law, is not absolute. The legislator has limited it to maintaining order and justice, therefore, the following article stipulates that "unless the possessions that the law exempts", social justice and the necessity of preventing a conflict between people require that no one, by taking possession of his own property, Unless harmful to seizure, as much as is customary and in order to eliminate harm or harm. According to the basic principle that no one has the right to seize other property, with the permission and permission of the owner. The primary obligation to seize and hold on the property is in addition to the removal of the seizure of the owner against the owner and, in the event of the loss or entry of the damage or defect, must be liable to be liable. In other words, the landlord must be compensated. The limitation of collective ownership prevents the owner from exploiting and seizing it, and makes his relation to rubbing subject to certain principles, in which the action outside of these principles lacks credibility and sometimes warrants and liability. The purpose of the "Associate Asset Acquisition" is to explore the extent to which the aforementioned principles of ownership are applicable and with what bottlenecks.

This article considers the approach of Imam Al-Sadiq in answering the theological questions and objections. The traditions (al-Ahadith) in which the way of Imam Sadiq has been narrated, show that when he debates with followers of different Islamic denominations or with disbelievers, makes use the arguments. Therefore, the main result of the research in the traditions is that Imam Sadiq usually uses one of many kinds of arguments to reject objections. The author proves this claim by narrating traditions in regard with the approach of Imam Sadiq who has set forth six kinds of proofs: first principles, observables, empirical facts, the principles of testimony, conjectures and innate ideas.

On the strength of articles 146/147 of the law execution of Civil judgements, Whenever the third person asserts a right with regard to attached property, Should the said claim is supported with final judgement or natural document dated prior to date of attachment, the attachment will be discharged otherwise the execution operation will be followed and the claimant may litigate for suppression of execution operations and proving the claim concerned. Third person complaint at all stages will be heard without observing civil procedure code and paying any legal costs whatsoever. The text of complaint will be served to both parties and the court will examine evidence of both parties as well as third party in any manner and place it may deem appropriate and if the court finds that grounds of complaint is plausible, an stay order is issued pending the complaint in finally adjudicated. If third party wants to eliminate the arrest, court can issue the arrest elimination order by taking the security and if the condemned person neglects the mentioned property, Investigation of third protest claim will be cancelled.