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

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.

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.

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.

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.

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.

Goodwill is a right that is realized at the beginning of the lease relationship by paying an amount from the lessee to the lessor and is affected by factors such as the location and size of the building and by creating rights for the lessee, including having the right to extend the lease term. Before the approval of the Landlord and Tenant Law, goodwill was a common and unquestionable custom among the general public, especially prominent businessmen and merchants, and had a very strong guarantee of moral implementation. Goodwill, unlike some jurisprudential concepts such as sale, purchase, lease, and mortgage, is a vague and unclear term, especially for the general public, and researching it and the rulings related to it is appropriate and necessary. In this article, the definition and conditions of goodwill are stated and its jurisprudential and legal documents are reviewed. The information was collected through a library and processed in a descriptive and analytical way. All source and document references are in-text (APE and MLA).

Orientalism is an all-encompassing intellectual current that was formed in the period of the Crusades in order to study, understand and discuss the nature of Islam and has continued until the present day. In recent centuries, orientalists have more seriously studied various aspects of the intellectual, political and social life of Muslims and have written many works in this field. One of the fields of interest of Orientalists is jurisprudence and the fundamentals of law in Islam, in which Orientalists have studied and theorized in a methodical manner. This article has analyzed the opinions of Orientalists such as Goldzihar and Shacht, who have significant views in the field of Islamic jurisprudence and law, with an explanatory and analytical method and by referring to library data. The results of the investigations in this research show that most of the views of this group of orientalists, including the acquisition of Islamic law from Rome or the beginning of Islamic jurisprudence and law at the same time as the expansion of conquests, due to the lack of access to authentic Islamic sources, are presented without careful study or in a biased manner. has been

Among the important jurisprudence rules that are widely followed in jurisprudence is the rule of Suq alMuslimeen. Due to the severe problem of Muslims to do business in Muslim markets and the necessity of observing God's halal and haram and knowing the laws of purity and impurity, it is very important to examine the rule of Souq al-Muslimeen. According to some jurists, the meaning of suq in this rule is a market whose traders are mostly Muslims, but according to some other jurists, it means a market whose ruler is a Muslim. According to this difference of opinion regarding the ruling of the goods available in the Muslim market, there have been several opinions, the famous sayings of which are: Just because the product is available in the Muslim market, it is ruled to be pure and tazkiyyah. The purpose of this research was to express the jurisprudence of this rule and its implementation and application, and to express the principles governing the Muslim market. This is a step in the way of preserving the Muslim market, and anything that harms their trading system is rejected and unacceptable.

What is always referred to as puberty as the beginning of the responsibilities and limitations of the obligated human being is the attainment of a girl and a boy at a certain age; But regardless of its religious basis, puberty is a natural phenomenon with the actualization of sexual talent and reproductive powers. The criterion and rule specified in verse 6 of Surah An-Nisa '. However, many narrations and news have mentioned various signs to interpret this stage of sexual ability and have stated different ages for it. The studies of this research show that the jurisprudential arguments presented to determine age as a criterion of maturity for individuals can be criticized and damaged. At the same time, these arguments contradict the truth of maturity mentioned in the verse. Because attention to maturity in terms of ability and fertility is affected by many factors such as climate and climatic characteristics. That is why in the narrations, various ages have been expressed that have dealt with the subject of the need of the addressee of the word. However, this issue has not been much considered in the fields of jurisprudence and law, and dynamic jurisprudence is expected to have a fundamental review of the issue.

Social phenomena have arisen with the development of previous phenomena. The legal system and political force are none alone accountable for all social realities and the foundations of the law are formed in the main roots of society and law cannot be analyzed separately from society. The issue of the land tenure is the phenomena that occurred in Iran after the Islamic revolution in the field of legislation which is a kind of rush to provide a solution and respond to the expectations of the revolutionary people by relying on jurisprudential and revolutionary views. The last result of the reasonable men to experiences and by jurisprudence for the benefit of some people in society was the new legislation. The challenges facing the fundamentals of the developments of land tenure have been the reason of discussion in many issues and the records of the subject should be reviewed and adapted in order to analyze it by jurisprudential and legal system. These challenges by identifying the foundations of the developments of land tenure are analyzed in this regard and the goal is not merely to discover jurisprudential rules as the basis. This article analyzes the hypothesis of the absolute impact of revolutionary views on expropriation [dispossession] of private ownership and iqta (Arabic: الإقطاع, Romanized: iqṭāʿ, sectorization) of public property. The result obtained in the end is that it shows the influence of revolutionary views along with social, economic and political conditions on the developments of land tenure after the Islamic revolution.

Rituals and cultures, as well as different historical periods, have not enjoyed the same status and rights. The extent of their rights in all societies depends on conditions such as religious, cultural, economic and social relations of each period. Today, the issue of children's rights has received special attention in various legal systems and international regulations. The need to recognize the rights of the child, on the one hand, is rooted in the idea that human justice has a fundamental and central role for him to achieve personal and social happiness, and on the other hand, from the physical and mental weakness and underdevelopment of the child in fulfilling the rights. himself and as a result, his need for support and special care before and after birth arises. These rights have been examined from various aspects and in different branches of law and have legal, social, cultural, political and economic dimensions in the national and international arena. A child means a young person who has not yet grown up and matured. The word baby (if it does not mean child) is also mostly used in the same sense. The term "infant" has a more specific meaning and is simply referred to the infant period of the child. Baby also refers to the period of infancy and shortly after. In Arabic, the words "tifle" and "saghir" are synonyms of "baby", the word "ra'ee" means an infant, and the word "sabi" sometimes means a child and sometimes means an infant. In different legal systems, a child is defined by different criteria. In most of the new legal systems, the definition of a child refers to a person's age, and age is the only factor that distinguishes childhood from adulthood; However, in Islamic jurisprudence and law, the end of childhood refers to the maturity of a person, which means the beginning of a stage of life that, on the one hand, occurs with the emergence of some physical changes, including the flowering of the sexual instinct, preparation for birth and reproduction, and on the other hand, On the other hand, intellectual, perceptive and psychological powers develop. Maturity is the criterion of entering from childhood to adulthood, and age is only one of the indicators of maturity. In this research, we will discuss children's rights in detail from the perspective of Islamic jurisprudence and the subject laws of the Islamic Republic of Iran.