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

Jihad Kabir (Mighty Struggle) means not to obey the unbelievers and mushriks (polytheists); it is a divine command which was revealed to Prophet Mohammad (PBUH) in Mecca to confront mushriks at the time. In fact, by this command- which Allah mentions in the Quran, He calls for an Islamic society that its people would not give in to the demands of enemies going through various junctures of life. The believers should strive diligently to uphold and promote the status and authority of the Islamic society so that the enemy would not be able to establish dominance over the society through its political, economic, and cultural measures and make people abide by them. This article analyzes Leader of the Islamic Revolution Ayatollah Seyed Ali Khamenei’s viewpoints with respect to Jihad Kabir, employing an analytical-descriptive method. Data have been collected through the library method and thematic analysis has been used to analyze the data. The result shows that the Leader- in his works and comments- has highlighted a number of issues including the enemy and its plots as well as disobeying the enemies and standing against them. Ayatollah Khamenei’s viewpoints regarding Jihad Kabir pivot around conceptology, requirements, actors, fields, consequences, and impacts of Jihad Kabir.

There are several theories and subjects in Islamic jurisprudence and legal on transfer of the thing and property belonging to other like the property which is pledge or the good belonging the right to cancel the right to have option but in the most of theories, transfer of the thing is limited to examine the sale of specified good so what about the rental property also in wider range included several evidences of property belonging to other, such as right of emption, right of exploitation, right of easement or the creditor rights to seized property, is not clear or there is a brief related explanation. So the present paper has developed in order to clarify the validity of rental property to other. In this context resorting to Islamic jurisprudence theories and principles like the rules of Taslit and Lazarar, Lawyer views and number of laws like 454 & 500 of civil code, correctness and validity of renting before and after applying the right of other, is proofed. Also it is expressed the tenant who rent the property belonging to other can cancel the hire contract because of to be ignorance on the right of other and lack of demanding complete interest.

The moon of month has various discussions and aspects whereas the regulation of Muslim ruler، opposing the positivity of Zilhajjah moon and the evaluation of its juristic outcomes and consequences in Hajj rites is one of them. In the season of Hajj، the times of both the Woqoof are decided and declared by the regulation of Muslim ruler and Amir Alhajj whereas it is possible that in some cases the regulation of Muslim ruler may be incongruous with fact; likewise it is also possible that its incongruity with reality may be certain in some cases. In reference with the grounds and practices of Taqiyyah and some other particular traditions like in the Mu''tabirah Ibne Mughairah by Abi Jarood، obeying such the incongruous regulation is obligatory because of its being Hukm e Taklifi; whereas it is also specified as obligatory even in the case of being certain in its incongruity. However some of the jurists believe that the correctness of Hajj depends on the Woqoof e Izterari and some others believe that it depends on the practice of Heelah (tactfulness); finally practices and grounds of Taqiyyah and some other traditions like Mu''tabirah Ibne Sinan and Ibne Mughairah by Ibne Jarood implicate on the correctness and sufficiency of Hajj while in case of Taqiyyah (fearful or compromising)، the Haqeeqi Sanavi Hukm (Real Secondary Ruling) of Hajj، even in case of being certain in its incongruity، is ''correct'' and ''Ijza'' too

Insolvency is one of the causes of the incapacity in Imamiah Jurisprudence. Pursuant to the judgment the insolvent person will be banned from all financial occupations. Because sometimes confession, including some financial occupations, If the insolvent during the financial ban, confess to the visible property or debt in favor of another, On the one hand, as mature and wise and capable of disposing of his property and to meet the contract conditions, According to the rule must admit his confession was right and effective, On the other hand, because the confession is a financial possession and made against creditors, so by the discretion of creditors and due to incapacity to make financial possession, there is no validity and effectiveness. So there are various views about the insolvent's confession to the visible property and debt. Study of jurists speaking shows such confession is always valid and in the right confession is to be effective. Only when it conflict with creditor's right, no consider to them. If the statute is however silent about it, but sometimes regarded as inconclusive.

The concept of reconciliation of hearts [Talif al-qulub] is derived from a jurisprudential subsidiary issue in the discussion concerning the recipients of Zakat in Islamic jurisprudence. Talif al-qulub refers to appeasing some hypocrites and polytheists or even specific groups of Muslims in a bid to seek their political cooperation with the Islamic system or nation or at least to prevent them from hatching a conspiracy or threatening the Muslim nation or system, or to tame their hearts in order to attract them to Islam. One of the basic strategies of political authority in Islam is to create a spiritual bond and an intimate relationship among citizens and people that may help strengthen soft power and influence in the area of public diplomacy. Hence, the basic role of talif al-qulub is provable in every age and time especially when it comes to generating and strengthening the soft power of the Islamic system as well as in expanding of the domain of influence in "internal policies" and "foreign policy". It can be looked at as a strategic Islamic model of compassionate political action and soft power.

The sixth parliament in the Wednesday 1379/17/01 at an open session passed the law of organ transplant including a single article and three notes. In this note designate that the reference of organ transplant is the will of the patient and the permission of his relation after the death. At the present paper، the author analyzes the view point and opinion of the scholars regarding the possibility of these two elements as the main reference of organ transplant. The authors believe that the criterion of organ transplant as a religious order is exigency. But the will and permission cannot assume as the main cause of organ transplant. So if these two elements are not present، the removal of a member from dead is just an exigency action.

The protection of creditors and making suitable security for their rights will result in their trust for the investment and will lead to the briskness of the trade and economic growth. One of the most important problems is the protection of creditors against contracts that debtors conclude them with the intention of escape from the payment of their debts. In this study the validity of these contracts is examined in a comparative study of the French, Iranian and Shiite legal systems. The French law provides the possibility of fraud action for the protection of the creditors against above-mentioned contracts and the action, with some conditions, can make these contracts incapable of been invoked against the creditors. In the Iranian law, with due attention to 40th principle of the Constitution and the reasoning behind the article 65 of the Civil Act and La Darar rule we can consider such contracts voidable. The latter sanction is stronger than the above-mentioned French sanction and protects the creditors so better. However, it is notable that in the Iranian law, the specific provisions in special Acts in the ground must be followed.