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

According to a narration of the Holy Prophet and the consensus of the jurists of the two major denominations (of Shi’a and Sunni), "gharar" (risk-taking) is known as one of the reasons for the invalidity of transactions. But what is the nature of gharar?
Despite its importance, there are few researchers who have studied its truth and definition; This research has tried to determine the nature of gharar by gathering different views on the definition of gharar and providing a detailed analysis of its application in jurisprudence. This research has been able to compile the sayings of the jurists in description of gharar and by providing an analysis of its application in jurisprudence, to determine the genus and nature differentia of gharar, "sale", "barters" (mu’āwiḍāt), as well as the point of view of jurists about the differentia of gharar in cases such as "impossibility to measure" or "non-safety of annihilation before deliverance" or "leading to the conflict" or "complicated and confused things" or "having risk" or "Something that its attainment is unknown" or "something that its access or its amount is unknown" or " deserving to be avoided by custom" or "its attainment being unknown". From the point of view of this research the jurisprudential definition of gharar according to the practical method of jurists is as follows: "Every exchange and anything related to it in which the existence, occurrence or value of one of the two substitutes is unknown." The result of this research will be used in the more precise implementation of the rule in jurisprudence issues and will be cited as a dynamic rule.

Prison is a category which is relevant to the crime and deviation (from laws, mysticism and ethics) in society. Throughout human history, there have always been those who have acted in contrast to the laws and regulations of society, and the governing systems of societies have provided punishments for such individuals to avoid society from deviating and to uphold its laws and morals. On one side, one of these practices and tools is to punish, and on the other side, to return criminals to the normal life in society. Prisons were in the early days of Islam, either in Hejaz or in Iraq. At that time, the Holy Prophet and the first caliph did not have a particular prison or place to imprison criminals. Prison was applied as a harsh punishment with very difficult conditions, more specifically against those who acted against the regime. With the advent of the Islamic Revolution, the Islamic law on Iranian prisons was implemented. Primarily the purpose of classifying prisoners is to avoid and prohibit possible harm to the prisoner, as well as to make it easier to keep prisoners, so as to make the least issues for themselves and prison officials, and to enhance the classification and education and rehabilitation of the prisoners, as well

In criminal law specially and in other law disciplines generally the definition has high importance. Because it shows either the scope or realm of related discipline and avoid scattering them and also ensure the respect to the individual rights on the society. From 300 years ago with initiation of modern criminal law, the necessity of “nullum crimen nulla poena sine lege” as a fundamental rights of human beings entered in constitutional laws and charters, even taught many years before traditionally in Islamic or Christians orders this has been seen. In civil law countries like Iran, fulfillment of these rights in criminal law primarily necessitates “the definition of crime” in penal code. As the Iranian new penal code enacted recently and is effective from June 2013, in this paper the author analyses the “definition of crime” cited in article 2 and its innovations and challenges.

One of the important and controversial juristic issues is the definition of Ilm al-Usul especially when it is examined comparatively. In view of the importance of this discussion in Ilm al-Usul, it is necessary to pay attention to the criteria and key components of a perfect definition. Without doubt, a perfect and inclusive definition is one that is characterized by a number of features and has certain components. In Usul or the science of legal theories an inclusive and exclusive definition is one that includes all the practical principles which form an important part of Usul discussion. Moreover, it should exclude jurisprudential rules (qawaed) and lexical issues which have nothing to do with it. Given their precision and careful thought, Muslim jurists have differed over the definition of Usul and have therefore offered various definitions. Therefore, as Akhund Khurasani has said a widely-known definition offered by Imamiyah jurisprudents is faulty and suffers from different problems. Also, Akhund Khurasani's definition is flawed according to Ayatollah Khoei because it is not inclusive and exclusive. Moreover, the definitions given by Sunni jurists also suffer from difficulties.

The religious jurisprudence laws are one of the issues of religious rules and principles which can be researched from two aspects: the first aspect is that the available laws should be restudied or some new rules should be researched and the second aspect is that from the outside viewpoint the religious jurisprudence law should be researched and the philosophy of the laws should be compiled. The important problem in the second aspect is which issues should be researched from the viewpoint. In this article, with an emphasis on the religious jurisprudence and rational theology sources and the use of their methods, the researcher has primarily tried to compile a set of the important issues of the philosophy of religious jurisprudence laws and according to the domain of the article he has secondarily made an effort to investigate the issues briefly and raise his proposed hypothesis on the issues and at the same time to prove the hypotheses with considering the conditions of content of the article.

Although definitions is one of the main topics discussed in logic and talked a lot about it, but there is no comprehensive discussion in Etebari Sciences like law. It is because the definition of the concept and topics in the world of law, jurisprudence and the ethics is based on prior understanding of Etebar. In the world of law we deal with value concepts that on their definition we use descriptive statements (although in fact there is no describing here) and on the other hand deal with concepts or command that is used in statements such as must, haven’t to and can. Our presuppose is that we can achieve the definition of legal concepts. In this article we will look at some general theories the base of that we can be achieved the definition model of the legal concept. We want to present the definition model in law so that legal concepts can be expressed in this form.

Aims of religion are goals that the god perused in all of orders or large number of these. Basis end of the Aims of religion is proving the basis and general of religion to use of these to inference religious rules. It should be prove certitude of these aims to receive to this end. But because certitude of the religion Aims direct relation to detection methods of their discovery، should be prove certitude of these methods for proving the certitude of the religious aims. Pay attention to the most important method of religious aims discovery is induction in religious texts، this title is trying to prove certitude and conditions of the induction by library method and descriptive and analysis way and reply propounding issues.

Words of Companions of Prophet Muhammad developed as one of the ordinances arguments in the Science of Warcraft Public and has been argued about its authority. Based on that, there are two opposite views, that is authority and non- authority. There are sayings of the Companions among the Sunni fundamentalists. Also, Shi'a view is in line with the non- authority of Companions quotes. Regardless what is the correct sentence of this subject, refer to the principles books found that on the subject of f Companions quotes, there has always been confusion. And issues such as the meaning of words Companions and it differs from similar cases and its differentiation from what is presented in the Science of Hadith and its differences and consensus place among the fundamentalists has not clearly explained.While recognizing the issue and its degree before entering into the discussion is essential.  Because, no doubt that correct sentence is based on a correct understanding of the subject. Present of this gap and consequently incomplete understanding or incorrect from terms such as Companions quotes, ijtihad and interpretation caused that in the words of some fundamentalists fallacies are made or in jurisprudence books, there are provisions that is not compatible with the spirit and reality of Sharia and remove the principles and religious arguments out of the scientific path. This problems doubled the explaining the significance of the subject of "Companions quote" and its meaning in the Science of Principles. So, we undertook this study to clarify the issue of "Companions quote" and resolve its ambiguities and correct the definition and its scope.

The definition and conditions for exercise of jurisdiction over the crime of aggression has been returned to Review Conference that is convened every seven years after entry into force of statute, in latest days of Rome Conference has resulted to ratification of the International Criminal Court Statute. Article5 (1)(d) of the statute, has recognized jurisdiction over the crime of aggression. But article 5 (2) has predicted that exercising jurisdiction over this crime will begin when according to articles 121 and 123 of the statute, regulations about definition and conditions for exercise of jurisdiction over the crime of aggression is approved.Finally, on 11 June 2010, the first Review Conference of the Rome Statute after hot and long discussions and negotiations within preliminary commission for establishing court and special working group on the crime of aggression has passed resolution RC/Res.6 (adopted at the 13th plenary meeting, on 11 June 2010, by consensus). However, the court shall exercise jurisdiction over the crime of aggression, subject to a decision to be taken after 1 January 2017.Some questions are arising here, what are aggression and elements of it? What are conditions for exercise of jurisdiction over the court? What is the Security Council’s role in determination of aggression?This paper will have a brief view on the international measures that have resulted in convening of the Kampala Agreement and will explain the definition, elements and conditions for exercise of jurisdiction with respect to the crime of aggression.