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

Preventing behaviors that cause desecration of religion has been concerned of Shia jurists. Based on this, it can be seen that in some cases, the jurists have made the prohibition of defamation of religion a document of the sanctity of some acts of the obligees. This article, with a descriptive-analytical method, seeks to explain the position, foundations and effects of the rule of sanctity and desecration of religion in the Islamic government. After explaining the concept of blasphemy, he explains the foundations and rational and narrative documentation and the position of the mentioned rule, and finally, it will lead to the conclusion that it is possible to invoke this rule, in the field of obligations and prohibitions, only by observing the rules of the titles (rules) secondary, in a limited, temporary manner, according to the recognition of custom and with the decree of the Islamic ruler, it will be possible, and in this case, the Islamic government will be obliged to remove the obstacles to the implementation of Sharia in the society.

Undoubtedly, the purpose of establishing the rules of civil liability is to compensate for the loss. In other words and from a technical point of view, a loss must be caused to compensate for it, responsibility should be created, and religion should be responsible. In fact, the occurrence and survival of civil liability depend on the current existence of damage, and quantity and quality are not involved in the principle of liability. In other words, the rule governing civil liability is the rule of all or nothing. That is, the responsibility is considered to exist when the loss is realized, and to be extinguished when it is not. Meanwhile, taking into account one of the conditions of claimable loss, which must be certain in the past and that one cannot be sentenced to compensation based on the mere possibility of loss, this research seeks to find an answer to this question: Considering Iran’s and France’s laws and regulations and through the prevention of civil liability, it is possible to imagine a place for future loss and the possibility of compensation? The findings of this research indicate that a possible loss is a loss that has the possibility of its realization in the future, but a future loss is a loss whose existence and realization in the future are certain and the necessity of its existence has been achieved in such a way that a country’s custom and law consider such losses to be definitely claimable.

The purpose of the current research is to analyze the public interest in the judicial procedure of the Administrative Court of Justice with the rule of appeasement, emphasizing the action of municipalities.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The issue of ownership is one of the most important jurisprudential and legal issues, and the position of public interest with concepts such as public service, public welfare, and public comfort is one of the most important issues raised in relation to the preservation of public rights. But the legislator has sometimes limited or denied the property rights of individuals to protect public interests.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

the Court of Administrative Justice is the most important organ that guarantees administrative health in the field of administrative law in Iran; It has a significant role; Especially, one of the important sources in this field is the procedures taken in the general body of this judicial institution, which creates justice in the relations between the people and the government, and is the source of making appropriate decisions in public governmental or non-governmental public institutions.

The right or ruling of the presumption of irrevocability of contracts is one of the topics that, despite its many and different applications and results in jurisprudence and law, has been less investigated and explained. In this research, an attempt is made to firstly explain the nature of rights and rulings, and then by studying and examining the evidence of the legitimacy of contracts, as well as paying attention to the works and distinct characteristics of rights and rulings, as well as evaluating the words of jurists and considering other solutions presented in this case, the status of rights or the irrevocability of contracts to be determined in doubtful cases. In a general view, it can be said that if it is proved that it is irreversible in the contracts, it is not possible for the contracting parties to waive the contracting or transfer, as well as exchange and compromise on it; Because its falsification and elimination is up to the legislator. Whereas, if it is proven to be a right, the possibility of waiving, inheritance, compromise, as well as discharging, cancellation, exchange and transfer is up to the rightful person. This study shows that the presumption of irrevocability of contracts differs in terms of being a right or a ruling in different cases and it is not possible to issue a general ruling in this field. Rather, one should pay attention to detail and by examining the contracts case by case, determine whether they are right or ruling.

Population growth is one of the major crises for the developing and non-developed Islamic countries. This event had been counted as the most important challenge that the Islamic and non-Islamic governments have to face in the last two centuries.Population control and generation limit is a policy and a thought that uses different methods which has been said by the scholar and politician of the west, to solve the population growth problem and it has been implemented internationally. This policy has been presented itself in the Islamic countries for the past couple of decades and it has been approved by the majority of them and in some cases, it has been implemented successfully. This title, since it is a new case, since the beginning has made the Muslim jurists, lawyers and other scholars and social experts to two groups of cons and pros. Each group uses verses of the Holy Quran, narrations, rational reasoning, experience and other reasons to prove their idea. But accepting one of this two view points as an absolute answer is not rational and it cannot be the only standard solution for all of the Islamic countries nor it can answer requirements of different times or places.The present article, has tried to express the reasoning’s of both cons and pros of population control and it has expressed the analysis of them plus their critics.