{"title":"Anticipating the Right of Reversion from Discharge in Perspective of Jurisprudence and Law","authors":"S. M. Razavi, S. A. Razavi","doi":"10.52547/muf.7.2.81","DOIUrl":"https://doi.org/10.52547/muf.7.2.81","url":null,"abstract":"","PeriodicalId":414683,"journal":{"name":"Misbah-ul-Fiqahe","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122739230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The "La Haraj" rule is one of the most important rules concerning the civil liability of the government, which in some cases conflicts with the "La Zarar" (no damage) rule. In such cases we must try to find a reason to prefer one over another, otherwise the two reasons conflict and disapprove and another reason must be sought. It seems easier to practice this rule than citing the rule of "La Zarar" to deny civil liability regarding that the concept of hardship is more general in many cases and there is no need to hardship outer happening in terms of hardship conditions occurring; If the government takes action to eject hardship from the majority of individuals which may cause hardship to a minority, it is obligatory to do so due to the public hardship's ejection takes precedence over individuals hardship. But in relation to situational effects, if individuals hardship occurs, the government must amends it wherefore any damage must be compensated. If individuals hardship occurs but not lead to any damage, there no liability for the government to eject it.
{"title":"The Role of the \" La Haraj\" Rule to Prove or Disclaim the Civil Liability of the Government","authors":"mohammad daneshnahad, A. Alishahi","doi":"10.52547/muf.7.2.109","DOIUrl":"https://doi.org/10.52547/muf.7.2.109","url":null,"abstract":"The \"La Haraj\" rule is one of the most important rules concerning the civil liability of the government, which in some cases conflicts with the \"La Zarar\" (no damage) rule. In such cases we must try to find a reason to prefer one over another, otherwise the two reasons conflict and disapprove and another reason must be sought. It seems easier to practice this rule than citing the rule of \"La Zarar\" to deny civil liability regarding that the concept of hardship is more general in many cases and there is no need to hardship outer happening in terms of hardship conditions occurring; If the government takes action to eject hardship from the majority of individuals which may cause hardship to a minority, it is obligatory to do so due to the public hardship's ejection takes precedence over individuals hardship. But in relation to situational effects, if individuals hardship occurs, the government must amends it wherefore any damage must be compensated. If individuals hardship occurs but not lead to any damage, there no liability for the government to eject it.","PeriodicalId":414683,"journal":{"name":"Misbah-ul-Fiqahe","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126444267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mohamadjavad rajabibograbad, Sayyid Ahmad Ali Hashemi
The increase of stock exchange transactions in the structure of Iran's capital markets and its big profits in comparison to other trading markets, has encouraged unaware people to invest their assets in these markets. Due to lack of experience and sufficient time and the high risk of assets' loss, it is essential to avoid direct transactions for the uninformed people. On the other hand, the passion of these people to take advantage of the profits from buying and selling stocks in the stock and security market has resulted in their concentration to intermediary transactions or portfolio management. Based on this , the jurisprudential analysis of the portfolio management institution and the study of its compliance with definite and indefinite contract are vital. Regarding the basic conditions of commodatum contract and excluding some conditions such as returning the same amount or loan and the unconditioned remuneration beside reviewing jurisprudential sources, has made it possible for the commodatum contract to be adapted to the portfolio management institution. Obviously, the legality of a commodatum contract, assuming the will of the two parties to consider the necessity of contraction, is one of the difficulties of this compliance, which could be solved by this suggestion: bonding an irrevocable contract to commodatum contract. In this article, the possibility of the portfolio management institution adapting and its agreement and adaption with commodatum contract as a characterized contract has been examined.
{"title":"Comparison of Portfolio Management Institution in Stock Exchange Transactions with Commodatum Contract","authors":"Mohamadjavad rajabibograbad, Sayyid Ahmad Ali Hashemi","doi":"10.52547/muf.7.2.129","DOIUrl":"https://doi.org/10.52547/muf.7.2.129","url":null,"abstract":"The increase of stock exchange transactions in the structure of Iran's capital markets and its big profits in comparison to other trading markets, has encouraged unaware people to invest their assets in these markets. Due to lack of experience and sufficient time and the high risk of assets' loss, it is essential to avoid direct transactions for the uninformed people. On the other hand, the passion of these people to take advantage of the profits from buying and selling stocks in the stock and security market has resulted in their concentration to intermediary transactions or portfolio management. Based on this , the jurisprudential analysis of the portfolio management institution and the study of its compliance with definite and indefinite contract are vital. Regarding the basic conditions of commodatum contract and excluding some conditions such as returning the same amount or loan and the unconditioned remuneration beside reviewing jurisprudential sources, has made it possible for the commodatum contract to be adapted to the portfolio management institution. Obviously, the legality of a commodatum contract, assuming the will of the two parties to consider the necessity of contraction, is one of the difficulties of this compliance, which could be solved by this suggestion: bonding an irrevocable contract to commodatum contract. In this article, the possibility of the portfolio management institution adapting and its agreement and adaption with commodatum contract as a characterized contract has been examined.","PeriodicalId":414683,"journal":{"name":"Misbah-ul-Fiqahe","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126378167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The formation of any family which the woman is its main pillar begins with marriage, so it is vital to consider the optimal time of marriage for girls to build a stable family. Neglecting the proper quality age for marriage might cause irreparable damage to individuals and society. The purpose of this study is to regulate the qualitative age of marriage from the perspective of religious sociology in regarding to hadiths and identifying the characteristics which have been mentioned by religion mentions for girls' desirable matrimony. By relying on induction which has been formed based on religious sources, at the final point of this article, some criteria that clarify the Islamic approved qualitative age for girls' marriage have been extracted. Regarding the results, marriage at an early age and before puberty is not desirable at all, and the matrimony has been postponed to young age. On the other hand, youth is a floating age which begins from puberty and continues through the end of thirty. Therefore, the criteria of growth and its appearance in youth age has been inducted as the appropriate and approved age of marriage for girls. To study this paper question a library method with a descriptive-analytical approach has been used.
{"title":"An Inductive Survey around the Qualitative Age of Girls' Marriage","authors":"M. Azimi, M. Shahbazi, A. Eskandari","doi":"10.52547/muf.7.2.55","DOIUrl":"https://doi.org/10.52547/muf.7.2.55","url":null,"abstract":"The formation of any family which the woman is its main pillar begins with marriage, so it is vital to consider the optimal time of marriage for girls to build a stable family. Neglecting the proper quality age for marriage might cause irreparable damage to individuals and society. The purpose of this study is to regulate the qualitative age of marriage from the perspective of religious sociology in regarding to hadiths and identifying the characteristics which have been mentioned by religion mentions for girls' desirable matrimony. By relying on induction which has been formed based on religious sources, at the final point of this article, some criteria that clarify the Islamic approved qualitative age for girls' marriage have been extracted. Regarding the results, marriage at an early age and before puberty is not desirable at all, and the matrimony has been postponed to young age. On the other hand, youth is a floating age which begins from puberty and continues through the end of thirty. Therefore, the criteria of growth and its appearance in youth age has been inducted as the appropriate and approved age of marriage for girls. To study this paper question a library method with a descriptive-analytical approach has been used.","PeriodicalId":414683,"journal":{"name":"Misbah-ul-Fiqahe","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127873318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
seyed mohamad ali Ahmadi niik, seyed Mahdi Naghebi, seyed mohamad hasan mosavimehr
{"title":"The Process of Authority for Successive Hadiths, Consensus, Manners and Fame in the Thoughts of Martyr Sadr","authors":"seyed mohamad ali Ahmadi niik, seyed Mahdi Naghebi, seyed mohamad hasan mosavimehr","doi":"10.52547/muf.7.2.1","DOIUrl":"https://doi.org/10.52547/muf.7.2.1","url":null,"abstract":"","PeriodicalId":414683,"journal":{"name":"Misbah-ul-Fiqahe","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123019910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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