Saudi Arabia' Obligations on Haj and pilgrims in the Mirror of Sharia, Municipal and International Law
مصطفی
فضائلی
دانشگاه قم
author
text
article
2017
per
Protection of rights of foreigners and aliens is one of the oldest issues in transnational and international relations, and those who travel to other countries for scientific, cultural and religious goals, are more respectful and protected and so the cultural and religious places and centers which are aimed at by peoples from different places, nations and religions. Nowadays, some sacred places like Beyt al Maghdess and Al Aqsa Mosque are of that status which spiritually belong to the followers of all divine religions. Mecca also has the same character in the sight of all Abraham religions and it's security, peace and welfare in this place for it's residents and visitors has been asked by prophet Abraham and the divine will. Such a position of these places raises some obligations on the government within it's territory these centers are located. Saudi Arabia's primary obligations in this respect, from Sharia, municipal and international law perspective with some references to Islamic jurisprudence , are under discussion in this essay.
Islamic Law
پژوهشگاه فرهنگ و اندیشه اسلامی
1735-3270
14
v.
52
no.
2017
7
40
https://hoquq.iict.ac.ir/article_27491_c921dcaf8b77b958f372336b0460cde6.pdf
The analysis of surety based on assurance and guarantee
jalil
ghanavati
Faculty Member of University oh Tehran,Pardis Farabi
author
Seyyed Zabihollah
masoudian
Phd student ,University of Terhran,pardis Farabi
author
text
article
2017
per
Sureties are subsidiary guarantees which are subordinate to the principal ones and seek to gain obligees trust on obligor’s credit and his/her lack of infringement in fulfilling the obligation. To achieve this purpose, they provide a guarantee or, in other words, an extra sanction in addiction to legal sanctions for the debtor’s insolvency and obligor’s infringement of fulfilling a guarantee. In order to provide the sanction regarding obligor’s infringement of his/her obligation, sometimes the guarantor himself undertakes the obligation. Such guarantees are commonly exemplified by different types of guaranteeing someone else’s debts. In some cases, the guaranteed obligation itself cannot be undertaken and the guarantor has to undertake the consequences of obligor’s infringement to guarantee such obligation. Security against fault in title, guarantee of trustee’s encroachment and waste, and good performance bond are the examples of aforementioned case. Transfer of debt and guarantee are two distinct legal institutions which are not mutually exclusive. Moreover, personal guarantee is different from joint and several liability. In the latter, the creditor does not solely seek a sanction, but he/she aims at having two place of performance for the obligation.
Islamic Law
پژوهشگاه فرهنگ و اندیشه اسلامی
1735-3270
14
v.
52
no.
2017
41
68
https://hoquq.iict.ac.ir/article_27495_d41d8cd98f00b204e9800998ecf8427e.pdf
A comparative study of alternative obligations in Iran and Egypt's law
Amin
Hasanvand
دانشجوی دکتری حقوق خصوص
author
mohammad
molodi
استادیار گروه حقوق، دانشگاه بوعلی سینا همدان
author
بیژن
حاجی عزیزی
دانشیار گروه حقوق، دانشگاه بوعلی سینا همدان
author
text
article
2017
per
One of the types of obligations that due to the multiplicity of the issue are mentioning is alternative obligation. Alternative obligation is an obligation that its issue is two or more things in within each other and just doing one of the issues is considered and by doing one of them, fulfill that promise is taken place and committed is absolve. An important question arises regarding the alternative obligation in the Iranian legal system verify the authenticity and validity of this obligations. Whether this kind of obligation in the law of Iran is legitimate and valid? This question arises in accordance with Article 190 of the Civil Code of Iran the deal must be determined and may be regarded as contrary to the provisions of this law there is an alternative obligation and for being indecisive issue of obligation and Gharar is void. More careful study indicates that different wavering obligation alternative obligation Gharar it does not flow. Moreover, the legal background of the above discussion indicates that the selection in implementing the obligation accepted by some great Shiah scholars and many scholars believe it to be true. This study aimed to identify the concept and principles of authenticity alternative obligation in the law of Iran carefully studied the sources of Islamic law and provisions, attributes, features and how to implement this type of obligation is expressed with comparative study of and Egypt.
Islamic Law
پژوهشگاه فرهنگ و اندیشه اسلامی
1735-3270
14
v.
52
no.
2017
69
95
https://hoquq.iict.ac.ir/article_27492_d41d8cd98f00b204e9800998ecf8427e.pdf
An Analysis of the agreement on delayed Payment Penalty over inflation rate
seyed farid eddin
afzal
شخص حقیقی اصیل
author
alireza
azarbaijani
استادیار پردیس فارابی دانشگاه تهران
author
text
article
2017
per
Many jurists consider receiving money more than the real debt as usury and haram; nevertheless, some of them allow the condition of receiving money as late payment penalty and treat it apart from usury. The legislator’s viewpoint is not clear; however, there is no logical limit for the agreement on receiving such damage, even over inflation rate, since the purpose of this solution is mainly to force the debtor to pay the debt on time without extending the payment. Even some of the viewpoints of Guardian Council allow receiving the foregoing damage conditionally. The credit of such an agreement of the legislator’s viewpoint is problematic and at least challenging because the legislation records, exceptional treatment of the matter specially note 2 article 515 Civil Procedure Code, authorize claiming the late agreement damage as a specific rule by separating late payment damage from general rules for other damages. This indicates that the concept and nature of law still do not allow receiving money over the inflation rate under any title but the stipulated cases, a position which needs correction and clarification.
Islamic Law
پژوهشگاه فرهنگ و اندیشه اسلامی
1735-3270
14
v.
52
no.
2017
97
126
https://hoquq.iict.ac.ir/article_27493_d41d8cd98f00b204e9800998ecf8427e.pdf
Freedom of Assembly and March creation in Principle of 27 of Iranian Constitution
Abdorreza
Alizadeh
Member of Law Faculty of Farabi Campus in University of Tehran
author
Reihaneh
salehi
MA degree of Public law from University of Tehran
author
text
article
2017
per
One of man’s most fundamental needs is to be sociable and communion towards other members in the society. The Islamic republic of Iran’s legislators, based on the call of the people, accepted Islamic principles as the principles and rules of the society so that they would be able to form legal and temporary gatherings to express their opinions and demands. The 27th constitution, to form temporary or public gathering, two conditions – absence of any weapons and no disruption to the principles of Islam – are necessary so that no disorder to the religion that is the basis of this country and no harm to the security of the country which is the citizens fundamental right is inflicted. It seems that legislators and law executors shouldn’t oblige previous notice or permit, which is clearly contrary to law, from the ministry of interior for uprising assemblies and march. If they do wish to continue on this path – to not permit disorder to the system and Islamic principles – it is worthy (whether through the principles of this matter or legal interpretation of the guardian council in connection with this principle or even changing of this principle) that they should just close the door to legal oppositions to exert freedom and forming assemblies and marchs.
Islamic Law
پژوهشگاه فرهنگ و اندیشه اسلامی
1735-3270
14
v.
52
no.
2017
127
162
https://hoquq.iict.ac.ir/article_27503_d41d8cd98f00b204e9800998ecf8427e.pdf
Moral implications in the methods and applications of GM animals
mahdi
moalla
پژوهشگر پژوهشگاه فرهنگ و اندیشه اسلامی
author
sayed nima
hosseini
Islamic institute for culture and thought
author
text
article
2017
per
Genetically modified animals, due to their multiple and unique uses, are of the most important achievements in biotechnology. However, as they have feelings and perception the production of these animals should be done within a specific normative framework. The most important ethical approaches in this field can be regarded under three headings of free use, absolute prohibition and conditional use. The axe of ethical considerations in the latter approach is considering the two elements of waste and teasing animals (physical/psychological) in the process of genetic engineering on the one hand and to ensure a rational balance between said elements and rational objectives of genetically engineering on the other hand. The presence of the elements of waste and teasing animals can be investigated in two levels of production methods and applications of transgenic animals. In the level of methods, since we are to admit the presence of both elements waste and teasing during the genetic transferring process, the emphasis must be put on the need to use techniques having waste and teasing as less as possible. In the applications level as a general approach the laboratory and animal welfare conditions is considered to be important and also in certain teasing applications like disease models, scientific models and xenotransplantation, the use of effective methods of euthanasia is recommended.
Islamic Law
پژوهشگاه فرهنگ و اندیشه اسلامی
1735-3270
14
v.
52
no.
2017
163
199
https://hoquq.iict.ac.ir/article_27504_d41d8cd98f00b204e9800998ecf8427e.pdf