جستجوی مقالات مرتبط با کلیدواژه « مفهوم » در نشریات گروه « فقه و حقوق »

The present study, entitled The Conceptology of Imam and Imamate from the Perspective of the Qur'an, has been written with the aim of explaining the concept of Imam and Imamate from a lexical and idiomatic point of view. In this research, interpretive, narrative and theological books have been used, and the method used in it is descriptive-analytical. This research has been organized in the form of four chapters. One of the most important findings of the present study is that Imam Pishva is the infallible divine leader. That is the authority and caliph of God on earth and Imamate is the general leadership in the matter of religion and the world and is a religious authority in the continuation of the positions of the prophet which includes training people to protect their religious and worldly interests. The opinion of popular scholars is that the Imam is the successor of the Prophet in establishing the religion and preserving the Shari'a, and is in charge of general leadership in religious and worldly matters, including the prophet, caliph, ruler, imam, and anyone who follows him, even if it is invalidated. Imamate is one of the branches of religion and has different levels and scholars, caliphs, rulers, judges and the Imam of the congregation are each in a level of Imamate and the installation of the Imam is left to the people, but the view of the infallibles and Imami scholars is that the Imam The leader is infallible and appointed by God and has the spirit of patience, certainty, mercy, discovery and intuition. In addition to being the Muqtada of the people in his speech and actions, he also manages the affairs of society and enforces the rules by forming a divine government Bringing the necessary powers, he tries to carry out God's commands in practice, and if he cannot formally form a government, he tries to implement the rules as much as he can, the position of Imamate is to fulfill divine plans, including government, divine rules, and educating the human population. It is external and internal and is higher than prophecy and both are by divine installation.

Contract as one of the sources of commitment has the most application in the legal relations in society. therefore, analyzing the elements of the contract is so important. The contract is defined in the Civil Code and its basic conditions are stated in Article 190, but it is the responsibility of lawyers to analyze the constituent elements of the contract. Professor Jafari Langroudi has provided appropriate analysis in this regard in his works; Accordingly, the purpose of this article is to review the analysis of Professor Jafari Langroudi, which has been studied by examining his views and theories in a descriptive manner, and finally we conclude that he has provided new and original reading of the concept of contract and Its elements . Using this theory, he called the nature of the testamentary disposition as a unilateral legal act and also the nature of the unauthorized transaction as a contract.

Context implication is a kind of implication that is conceived from the context and it is essential to the text but not express in the teller words. There are three kinds of Context implication which are: demonstrative implication, remark implication, suitable implication. There are three views with regard to the essence of this implication that whether it is concept or statement or another kind of implication. Some believe that context implication is a concept. Others named this implication statement and the last group of scholars believe that this is a separate kind of implication.

The Right of God is one of the key concepts in Islamic jurisprudence and it is the direct or indirect foundation of all the rules of Islam. This study has not only proven this mentioned fact but has also shown that the “Right” in that phrase has different meanings from “The right of human” phrase; one of them is factual and the other one is metaphorical .These two words are not even literally equivalent; their owners are essentially and fundamentally dual; this has changed the nature of their rights fundamentally. Also this evolution has resulted in grave differences and these differences have separated these two types of “Rights” from one other. The separation is such deep that it cannot be ignored and hence these two words, apart from their distinct instances, cannot be considered as synonyms; thus there is not any theoretical solution unless we consider one of them as factual and the other one as metaphorical. In the second step the study has argued that if the word “right” collocates with God (ALLAH), it is a metaphor and if it collocates with “human” (ALNA: S), it is factual. Furthermore, it has been argued that since “right “stems from need, shortness, and weakness, the right must be useful for its owner and its non-compliance must make him suffer and finally deprivation of any right must be potentially possible; this possibility is the evidence of the weakness of its owner in protecting his right and because of these three reasons, God has not the position of possession of right, so he has not any right legally. At last, it has been proven that because these two rights have different meanings, origins and interpretations, they are not synonyms and, therefore, it is impossible to generalize their rules to each other. These rules and principles cannot be considered in Islamic jurisprudence rules as “The rights of God”. It is 1. 2. clear that since god does not have any rights and the phrase of “right of god” is a metaphor, in spite of correctness or wrongfulness of this argument, a concept that does not have any external manifestation and cannot be imagined in a mind, determination of its character is illogical. This article deals with negative logic before proving that the right of god is a metaphor.