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

Endowing Qurans by Shia and Sunni women in ancient Islamic centuries was a common practice, and numerous examples of these can be found in the library of Astan-e Quds Razavi. Amiratī bint Abī al-‘Abbās al-Ḥamrā'ī, likely a Shia woman from the 5th century AH, endowed a thirty-fragment Quran in Iranian Kufic script to the shrine of Imam Reza (AS). This article provides a historical overview of this manuscript and its endower, describes its textual and artistic features, and demonstrates that fragments of this endowment have dispersed over time, now found in the National Library of France (Arabe 7263), the shrine of Imam Hussein (AS), and the Central Library of Tehran University (4631), or have been sold in various European auctions.

The term 'بیع' [sale] and its derivatives are mentioned more than 20 times in Nahj al-Balaghah. Imam Ali (PBUH) used the word to convey his divine message regarding the regulation of the relations between humans and God, who is the center of the world. In terms of jurisprudence and law, بیع is generally interpreted as the exchange of property, i.e., it implies both purchasing and selling. On the other hand, the term has a customary meaning and is regarded a signed order. This paper discusses the word بیع and the worldview governing it in Nahj al-Balagha. While examining the term as used in the words of Ali (PBUH), the study determined its  meaning by analyzing its definition in the civil law and other jurisprudential and legal contexts. The findings show that the term has been used in Nahj al-Balagheh in its common and customary sense, i.e., exchange. Also, through a descriptive analytical method, it became clear that the purpose of using this term in Nahj al-Balagheh was only to express this fact that humans are always trading and exchanging with God, as the center of the world; in every step they take, they are trading and exchanging in some way. Pious people carry out profitable transactions and business. However, in this business some people suffer loss due to negligence and not observing the God's rights and people's rights.

One of the most common, widely used and at the same time most controversial contracts is the power of attorney contract. According to the legislator, the inherent effect of this contract is the granting of representation by the client to the lawyer. This legal institution exists in all legal systems due to its wide and diverse application, and extensive discussions regarding its definitions, formation and effects have been raised by legislators and jurists. Although the inherent effect of this contract, which is the granting of proxy to a lawyer to carry out specific matters or matters, has been preserved in all legal systems, including the legal system of Iran, but due to the importance and practicality of this contract and public favor, the motives for using it Also, the form of contract and according to its related regulations have become diverse and numerous depending on the type of use.

Advocacy in Iranian law is from theory to practice to notarized (official) attorneys; attorney of justice; Attorneys in the capacity of sale, attorneys without attorneys, etc. to examine the affected issues.

descriptiveanalytical and based on existing sources and the achievements of previous studies to prove the formation of various types of agency contracts based on the definition of the civil law with some exceptions.

In addition to the general and detailed definition of advocacy, this research has explained each of the problems created in the field of advocacy.

Man, as the best of creations and God's original creation, was created from the worthless and immeasurable earth, and the settlement of the earth was left to him by God as a responsibility and duty that "... I created the earth and settled it..." (Hood, 61) ). Waqf is a well-known word in the course of human life, as a religious social institution in the dimensions and angles of this life in different and different faces, it has played a constructive and exalting role in line with this responsibility. This good tradition can be found in the improvement and advancement of social, cultural, economic, educational, political, etc. goals and can be considered as one of the full-fledged development and development paths. Therefore, it is necessary to deal with this concept and its angles, which has a special position in legislation. One of the desired angles that has been desired since ancient times is the sale of endowment property, which has its own opinions and citations according to the opinion of the jurists, and the honorable signature of Hazrat Wali Asr Arwahna Fidah is one of those citations, which is included in this wajizah. It has been discussed and the citations of some jurists are explained.

Stocks are the subject of many capital market transactions. However, there are conflicting statements about the nature of the stock, which indicate ambiguity. On the one hand, explaining the nature of stocks as one of the most important financing instruments in the capital market is the basis for assessing the legitimacy of stock transactions. On the other hand, understanding the nature of the stock depends on its relationship with the joint stock company. In other words, the joint stock company has works to which the shareholders are obliged. These works explain the nature of working stock. In the present study, we intend to identify theories about the nature of stocks that distort the legal face of stock trading in three steps. Therefore, in the first place, the effective effects of a joint stock company in determining the nature of shares are counted. Then, the possibilities in the nature of stocks are considered and their compatibility with the external works of joint stock companies is examined. Finally, the effect of probabilities on stocks and corporations on the legitimacy of stock trading is analyzed. The results indicate that if we do not accept the theories of the jurisprudential company and also the ownership of shares in relation to the joint stock company with its property, there will be the ability to correct the sale and purchase of shares.

There are many differences between jurists and legal scholars regarding the rulings of our general sale in the form of a contract, so the main purpose of this article is to express the views of jurists regarding the general sale of our form of a contract and to reconcile with the opinion of the jurists.                                

This is a descriptive-analytical article and the subject has been examined using the library method. 

Ethical considerations:

 In this article, the originality of the texts, honesty and trustworthiness are respecte.                        

Many jurists have rejected the ownership of the general sale and, following some laws of other countries, point to the contractual nature of the general sale contract and excluded it from the scope of the ownership contract. Therefore, they believe that the time of transfer of ownership is generally the time of assigning or handing over goods. 

Meanwhile, the Imami jurists have proved the ownership of the general sale according to the evidence, and regarding the time of transfer of ownership in the general sale, they believe that the time of the conclusion of the sale. The civil law has also used the opinions of jurists in some legal articles and has considered the time of transfer of ownership in the general sale as the time of the contract and indicates that it is possessive.

Selling goods attributed to the clubs is one of the ways in which sports organizations increase their income. So, the purpose of this study was to identify the factors affecting the sale of commercial goods on Iranian Premier League clubs.

The research method was qualitative (grounded theory). The data collection tool was through in-depth and semi-structured interviews. After conducting 13 interviews with football experts, the codes reached theoretical saturation. Data were analyzed simultaneously using the Systematic approach.

By performing a three-step coding process (open, axial and selective), 261 non-duplicate initial codes were obtained, which were classified into 67 concepts and 25 categories. The results showed that the sale of club commercial goods in Iranian Football Premier League will enable the clubs to earn more income and boost their economic activities. Paying attention to information and human resources along with the elements related to marketing and real needs assessment are research strategies in selling commercial goods.

The research results can provide useful information for football managers at the micro, meso and macro levels to use the various capacities of the clubs and increase their revenue. The Football Federation is advised to consider the sale of commercial goods as one of the evaluation criteria in order to encourage football clubs.

The sale contract is one of the most important and common contracts in Iran's society and legal system. Due to the role and importance of this contract in business relations between people in the society, it has been constantly receiving the attention of researchers and legal scholars. Regarding the sale contract, there are many issues, one of the most prominent of which is the issue of the effects of the concluded sale contract, which includes submission and the time of transfer of ownership. Different legal systems do not have a single opinion regarding the time of transfer of ownership in the contract of sale, and according to the type of transaction in the contract of sale, the time of transfer of ownership of the seller is different. The civil law of Iran, which is derived from the rich source of Imamiyyah jurisprudence, considers the transfer of ownership of the seller to be the time when the contract of sale is concluded, and based on articles 338 and 339 and the first paragraph of article 362 of the aforementioned law and the jurisprudence rule "the seller is the owner of the contract" at the moment of the sale contract, the seller is the owner. The seller knows the customer and the price. According to the registration regulations, regarding the delivery of the immovable property traded in the contract of sale, the transfer of the official document also indicates the delivery of the sold to the buyer. The law on the programs of permanent decrees for the development of the country also sought to resolve the conflict between the previously approved laws and at first it supported official transfers and under Article 62 of the aforementioned law, it recognized and submitted transfers of immovable property with valid normal documents. At the time of transfer, the ownership has been recognized as valid according to the previous laws. In general, the legal rules are based on the fact that the time of transfer of ownership is the time of the conclusion of the contract, and the handing over of the seller is one of the effects of the same contract, and of course, in exceptional cases, we will encounter cases where the bill of sale or the price is a condition for the validity of the contract, and at the time If the condition is fulfilled, the ownership is transferred, but it should be noted that the handing over of the seller is one of the effects of the contract of sale, that the ownership of the sold has taken place at the moment of the contract, and the handing over of the seller is not necessarily one of the effects of the transfer of ownership, except for other exceptional cases that are considered in the civil law. They have considered the condition of validity of the contract of sale.

Sale is one of the words that is known as one of the most widely used words in Islamic jurisprudence. And apart from entering the codified laws in the modern era, it has already followed the moral teachings. Islamic jurists have each defined the nature, pillars and types of sale as one of the definite and important Islamic contracts. Regarding sale, it should be said that in some definitions, the early Imami jurists considered the nature of the exchange of two property, while the famous Islamic jurists consider its nature as acceptance and acceptance, which makes the seller the property of the customer and the price the property of the seller. In this research, we analyze the moral teachings of jurisprudence and law on sale with emphasis on the views of Imam Khomeini and other Imami jurists.

This article has been prepared and compiled in a descriptive and analytical manner with the use of library resources with the help of fishing tools.Ethical considerations: from the beginning to the end of the article, relying on ethical principles; Honesty and fidelity have been developed.

The findings indicate that moral teachings in sale have a valuable role in Islamic law, so that in the definitions of late and contemporary Imami jurists, a kind of semantic change can be seen in the interpretation of sale. And from the point of view of Imam Khomeini and other Islamic jurists, the elements of possession in property are concepts

There are different interpretations of Shia hadiths about marriage and couple. In some hadiths, marriage is interpreted as sale and the couple is considered as a customer.This article is prepared with the aim of analyzing the implications of seven hadiths about considering the couple  as a customer and its consequences in the opinion of Imami  jurists, regardless of the strength or weakness of the chain of transmission. The two main questions are as follows: Has considering the couple  as a customer  in the Shia hadiths influenced the opinions of Imami  jurists? Is the application  of the word "customer" for a couple in the phrase "He perchase her for the highest price"   a real application? In a descriptive and analytical research, the author has found these answers that the early emergence of hadiths suggests that  the marriage contract should be an exchange and  the couple should be a customer.This apparent indication has influenced some opinions of jurists, and has resulted in jurisprudential issues such as: the permissibility of man's  looking  in proposing ceremony, the right to imprison the wife, etc.  According to the author, marriage is not a sale, and the husband is not a real customer, and the financial obligations of the couple, such as dowry, are a secondary aspect of the marriage contract, and comments such as " He perchase her for the highest price " and "hired as  amother" and "because the woman is the seller of soul"  in the hadiths are  metaphors.

There has been a lot of discussion about the transfer of sale ownership in jurisprudence and law, but there has been little discussion about the acquisition or transfer of ownership of the sale in general. Therefore, the question arises whether general ownership is possible and what are the views of jurists and jurists on how to determine the general seller and exclude the seller from the general description? Therefore, by descriptive and analytical method, it has been concluded that the civil law, following the opinion of jurists, has considered the contract of sale as ownership and the time of transfer of ownership has been announced as the time of the contract, but jurists did not accept the ownership of the contract of sale because Extinct and non-tax on general sale are included as a liability. Therefore, they have ruled that the general sale is a covenant. While the jurists in the definition of sale, have explicitly referred to its ownership and have spread this ruling in all types of sale, especially the general sale on liability and believe that the sale can be concluded in general on liability and the time of transfer Ownership is the time of the contract and the seller is out of the general description when the seller fulfills the obligation and surrender of one of the general instances which is a part of ؛; And if the seller is unable to deliver one of the general instances to the seller, the contract

Installment sale, a long-standing contract with a new robe, was established in accordance with social relations and economic developments to facilitate the flow of sales, access and use of goods and to be its catalyst. In Islamic jurisprudence, installment sale following the topics of credit, while praising the purchase and sale of the debtor, the recognition of the price regardless of its installment, has been identified. Furthermore, the Iranian Civil Code, although it does not specify the installment sale, but in view of the undeniable benefits of this legal entity, its requirements and requirements with the characteristic of "being the seller and the price being the installment" can be sought among banking rules and regulations. This descriptive-analytical study, while explaining the jurisprudential concept of installment sale and analyzing the issues of agreements, has examined the position of Iranian law and the International Convention on the Sale of Goods (1980 Vienna).

Today, the institution of civil liability is important due to the advancement of technology and communications. One of the most important issues can be considered the issue of civil liability arising from the extraction and sale of cryptocurrencies, so that this issue is not mentioned in our codified laws in Iranian law, and its generalities are generally mentioned in the laws. In this regard, it is important to examine the elements of civil liability of buyers and sellers, as well as the derivatives of this type of currency code.In some cases, governments and in other cases, individuals and legal entities are harmed in buying and selling such cryptocurrencies. Therefore, in this article, we will examine the civil liability resulting from the extraction and sale of cryptocurrencies in Iranian law, what are the conditions and what are the effects, and finally, what are the principles governing it. This issue has been studied by descriptive and analytical methods and we have found that there are no written rules for civil liability in extracting and selling cryptocurrencies in Iranian law and it has been relied on by the public and this issue has three pillars of civil liability. It is with different conditions, the theoretical basis of which is formed in Iranian law according to the theory of fault.

From the popular view among Imami jurists, as well as Shafi'i, Hanbali and Hanafi jurists, it is necessary to pay the full price in the forward sale session before the separation of the parties, and if the full price is not paid, the transaction will be void. However, in spite of the mentioned condition, the above condition is not fulfilled by the jurists in the type of transactions between the people; because the main reason for the prevalence of this type of transaction in the present age - which is referred to as pre-purchase or pre-sale - is the inability of the customer to pay the full price, and its dividing allows the customer to pay the full price. Now, the question is whether there is a justifiable reason for paying the full price in the contract session in terms of jurisprudence, and is it possible to answer the above challenge according to Imami jurisprudence and Maliki jurisprudence? This article, which has been written in a descriptive-analytical method with reference to Maliki jurisprudence, by drawing conclusions from various arguments stated by the jurists for the mentioned condition and reviewing each of them, concludes that the above condition is not correct and giving all the price in the contract assembly is not valid from the point of view of Imami and Maliki jurisprudence.

There is a difference in the technology development model between developing and developed countries. In developing countries, it commences with learning the technology from innovations takes place in developed ones. Thus, the driving engine of technology development in late countries is learning the technology instead of providing innovation; in the way that the core of activities, organizations and communications are all concentrating on learning. The combination of virtual and real world has created a concept named as Industry 4.0. Nowadays, the application of Industry 4.0 in different scopes is expanding; applying it there requires setting a roadmap. This research aims to propose a learning-based roadmap for the application of industry 4.0 (especially the Internet of Things) in the sale and distribution of healthcare products. Here, there has been used the learning-based roadmapping method, the process of which is explained in eight steps. Two groups of a distinct expert panel including the business industry and technology industry contributed to this research; the Delphi method has been used to guarantee the convergence. The paper’s result can be used as a pattern for deployment in other related fields and secondly guidance in the industry to estimate required funds in the sale and distribution of health care products.

The extraction and sale of cryptocurrencies is one of the new topics that there are different sayings among contemporary jurists about its nature; Some have called it monetary and some have called it non-monetary. This is also the case among lawyers. Therefore, the issue discussed in the present study can be posed as: What is the jurisprudential and legal nature of the extraction and sale of cryptocurrencies? In response to the present problem, it can be said that there are various sayings in this regard, which according to most jurists and jurists, its nature is monetary.Therefore, the nature of extracting and selling cryptocurrencies according to various jurisprudential and legal theories can be considered as modern and digital money that can have objective and religious value. This type of nature in 1397 and 1398 with the approval of the regulations The process of extracting cryptographic processing products and using cryptocurrencies was banned. In general, the subject of the present article will be examined in a descriptive and analytical manner, and as a finding, it can be said that in examining the jurisprudential and legal nature of extracting and selling cryptocurrencies, we can refer to different legal texts and jurisprudential texts. It is called money.

Jurists have attributed different natures to pre-sale contracts due to the fact that a sold property does not exist at the time the contract is entered into.In this study, the concept and nature of pre-sale are examined based on the intentions of the contractors and the theory of "an abstract sense of sale of property" in which there is a condition concerning construction of the building is suggested. According to this theory, a pre-sale contract is the sale of a specific unbuilt apartment, as well as a condition concerning giving concrete form to it (construction of a building).The relationship between the contract and the aforementioned condition is analyzed. As a result, it becomes clear that the effects of this contract are in accordance with the intentions of the parties and current customs, meeting the needs of today's society, including the immediate ownership of the purchaser over what already exists and will be completed later.

The sale of a future property is a transaction in which the property does not yet exist at the time of the contract’s conclusion but will exist in the future. The property may be passing of ownership or an ascertained (i.e. definite and specific) object. This study investigated the latter type, that is, the sale of a future ascertained object. There are two obstacles to the validity of this contract. The first obstacle is the impossibility of ownership of nonexistent. The second obstacle is that this type of sale is uncertain (Bai' al-Gharar). However, from an analytical point of view, neither of the said obstacles can impair the validity of this type of contract because both obstacles can be overcome. In French Civil Code, making commitments concerning a future property is explicitly authorized. In English law, the sale of future property, which is a type of unascertained property, is not known as a transfer, but as an agreement to transfer. In the Iranian legal system, the legislator has not addressed this subject through a general rule. However, belief in the accuracy can be improved through foundations governing the legal system and some sporadic legal texts including Article 842 of the Civil Code. This study is conducted by means of a descriptive-analytical method.

According to verses and hadiths, buying and selling impure objects is prohibited. Among these impure objects are the isolated organ of the living human body and the organs of the dead body. This article seeks to investigate the buying and selling (sale) of dead human organs in cases of rational purpose.

This article is a descriptive-analytical one.
Ethical Considerations All ethical considerations in writing this article have been observed.

By examining these texts, it was concluded that the reason for the prohibition of buying and selling dead organs was the inherent unclean body, its lack of financiality, and the type of its use in the past. Because some people used these organs to eat, therefore, it was forbidden to buy and sell organs for this purpose. Many Imami jurists have given a fatwa on the sanctity of buying and selling dead and living human organs. Nowadays, by change of the time and place and change in use of organs, which is for medical affairs, the goal is to save another human life. Therefore, the sale of organs will be expedient. Therefore, some jurists have proposed the theory of heba or organ gifts and by this contract, they have allowed the donation of human organs (living or dead).

It is permissible to buy and sell the human dead organs based on rationality and the rule of elimination of losses.