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

The constitution as a key concept in the knowledge of law and constitutional one has most complexities and precisions. Therefore, many of theories have been conformed regarding that. This fundamental Research has been written to be the basis of the State 's proceedings in order to protect the people's rights; however, sometimes it might happen that one or more principles are obsolete, though they exist in the text of the constitution, they might be remained unimplemented for decades. These principles are called Obsolete principles of the constitution or abandoned in the theories of constitutional law. This article seeks to vividly analyze the aforementioned concept in the theory of fundamental rights with a descriptive-analytical method. In the present article, while defining the concept and the causes of its emergence, it has been defined the boundaries of it with other concepts such as outdated principles, deferred principles, thin conceptions of principles. Also, one of the most important issues related to the abandoned/obsolete principles, i.e. the informal amendment of the constitution, has been addressed.

The economic behavior of Islam in the category of debt is different from other economic systems. Gharz al-Hasna[1] is a contract that is motivated and based on the lender's sense of self-sacrifice. Among the three categories of applicants for funds (loans), i.e., those who are only able to repay the principal [borrowed money], those who, in addition to the principal, are able to repay a share of interest, and the group who are able to pay none of them, Qarz al-Hasna is in the first category. Some applicants may not be able to pay their debts on time due to certain economic conditions or illness, despite their willingness to pay the principal. In such cases, individuals will seek to defer the loan agreement. The usual way of increasing the amount of debt in exchange for increasing the deadline leads to the sanctity of riba-ye- jahili[2]. This problem is more common in the banking system. The main purpose of this article is to study the existing strategies of the banking system for debt deferral and its compliance with Imami fiqh. The study findings indicate that the methods of deferral, renewal and financing of Gharz al-Hasna contract are possible through other contracts.

 

[1] Interest-free Loan; Qarz al-Hasna or Qarz-ol-Hassaneh is one of the precepts of the religion of Islam, which is exactly opposite to usury. In the Holy Quran and the hadiths of the Prophet of Islam and the Imams, its importance and necessity have been emphasized and it is one of the measures in economic adjustment and helping the needy in the Islamic society. A good loan is a type of loan in which there is no interest. In another definition, it is a contract according to which banks (as a lender) lend a certain amount to a natural or legal person (as a borrower) in accordance with the rules set forth in the relevant instructions.

[2] A type of riba (usury) wherein the debtor is given a deadline to pay his debt and in return for the given deadline, extra money is taken from him, which is used in business, and is one of the examples of usury and haram.

Prosecution of the accused is one of the main steps of the criminal prosecution process, which has been included among the powers and duties of the competent authority in the matter of prosecution in order to preserve individual and social interests.The decision to prosecute, in accordance with the rules of Iranian national proceedings, and in the field of international criminal law in accordance with the Statute of the International Criminal Court, is borne by the prosecutor.The study of the provisions of Iranian criminal law, along with an examination of the provisions of the Statute of the International Criminal Court as a valid and standard document on how to organize criminal proceedings through the confrontation of the two systems of mandatory or appropriate prosecution, help to better delineate the powers and duties of prosecutors.In the structure of Iranian regulations on criminal procedure, institutions such as discontinuance of prosecution, archiving of cases, mediation and suspension of prosecution are deemed as necessary institutions for recognition of the appropriateness of the prosecut1ion system that, with the approval of the Code of Criminal Procedure adopted in 2014, have emerged out of scattered and special laws and have assumed the comprehensive aspect.Moreover, in the light of Article 53 of the Statute of the International Criminal Court and the procedure governing the proceedings of this Court, it can be said that the International Criminal Court, despite the fact that it has adopted the model of compulsory prosecution as its principle or basis, has also paid attention to the principle of appropriateness of prosecution and the interests of justice and reasonable basis. Therefore, in some cases the Statute has left non-prosecution of the accused to the discretion of the prosecutor.In addition, anticipation of institutions such as deferral of investigation or prosecution, complementary jurisdiction in the provisions of the Statute and the precedent of the International Criminal Court are also considered as indicators that suggest recognition and application of a system based on appropriateness of prosecution in the rules and precedent of this Court.