احکام

Open Access Article

1 - The Ethical Challenges of Implementing Arbitration in Iranian Legal System
Ali Rasoolzadeh Farsad Hamidreza Oloumi

The arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute.This contractual system of arbitrary has privileges that make it superior to other methods of resolving di More

The arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute.This contractual system of arbitrary has privileges that make it superior to other methods of resolving disputes. The most important principle in arbitration is the finality of Arbitral awards and its most important point is the enforce-ability of the arbitral awards, that supported by national and international rules of arbitration. Since the philosophical basis of arbitration are based on an agreement between the parties, this means accepting the referral of disputes to arbitration involves the parties' obligation in Optional execution.Nonetheless, if the losing party refuses to execute the arbitral awards, it is foreseen that it may be enforced in the relevant laws and regulations. In this article, with reference to the legal prin-ciples of the principle of the entry into enforce of the arbitral Awards, as well as the legal docu-ments, discuss enforce of internal arbitral awards, then outline the implementation of foreign arbitral awards within the jurisdiction of the New York Convention and outside its jurisdiction, and finally, how to implement foreign arbitral awards in accordance with specific circumstances. Manuscript profile

Open Access Article

2 - Status and role of moral commitment in the transposition of documents in Iranian law
Aziz Varzand

According to Article 140 of the Civil Code, one of the instruments of possession, contracts and moral obligations, and through the conclusion of contracts, the transfer of ownership of property from the owner to another person is practicable. The conclusion of a contrac More

According to Article 140 of the Civil Code, one of the instruments of possession, contracts and moral obligations, and through the conclusion of contracts, the transfer of ownership of property from the owner to another person is practicable. The conclusion of a contract and, in general, any legal act requires the existence of the intention of the parties. As stated in Article 190 of the Civil Code. Under normal circumstances, the intent and willingness of the parties with their presence are announced, whether they are intermediary or arbitrary. Sometimes, for reasons such as personal refusal to fulfill his obligation or his refusal to enforce a statutory requirement, and according to the authority of competent authorities, the transfer of personal property to another person without the presence of the owner is posed, in this note, some ethical and practical aspects of doing these transactions are in the form of a report And the legal dimensions of its transfer and some related works related to adultery will be discussed. The type of research method in descriptive and analytical manner, based on library and documentary resources, by referring to the laws, existing legal literature in the field of current research, from the viewpoint of academic and seminary professors, we will analyze the relevant materials and then analyze them Manuscript profile

Open Access Article

3 - The results and influences of the principle of civil verdicts practice stoppage prevention

Verdict practice is the continuation of the trial process; therefore its unnecessary stoppage is both does not make sense and against the policy-maker will, and leads to nothing but indiscipline and chaos in the society. In this end, non-stoppage of verdict practice in More

Verdict practice is the continuation of the trial process; therefore its unnecessary stoppage is both does not make sense and against the policy-maker will, and leads to nothing but indiscipline and chaos in the society. In this end, non-stoppage of verdict practice in Iran with some specific legal cases has been accepted as a principle. The domain of this principle, in terms of time span, is after the certainty of verdict and the announcement of the verdict until its full practice and the end of the practice process, and in terms of objective, includes the issued judicial verdicts by the judicial courts or any other resources with civic features.The agreements are not included in this domain except indispensable agreements such as demand supply and preliminary order. The effects can be seen on practicing parties, third parties, officials, agents and judges of verdict practice, which has been mentioned in various laws with penal practice guarantee and civic responsibility. High speed and effectiveness of verdict practice, respect to the rights of both parties, observing the view of the wining party, observing the interests and the rights of the losing party are among the advantages of this principle Manuscript profile

Open Access Article

4 - Components of child sexual education from the perspective of educational jurisprudence
Shirin Mohammadi Panah Maryam Aghaie Bajestani Reza Kohsari

Sex education is one of the main topics in the field of parentingTherefore, paying attention to this issue and teaching and applying the correct educational methods from the perspective of the Qur'an and the narrations of the Ahl al-Bayt (AS) in this regard, can help ma More

Sex education is one of the main topics in the field of parentingTherefore, paying attention to this issue and teaching and applying the correct educational methods from the perspective of the Qur'an and the narrations of the Ahl al-Bayt (AS) in this regard, can help maintain the chastity and strength of families and prevent the occurrence of some moral anomalies during adolescence. And the maturity of the children.Families have a duty to access this important; In addition to being aware of the correct educational methods, in the first step, they should learn the divine commands and the Shari'a rules and practice them in this field, and then, they should give the correct Shari'a education to their children in order to finally provide Community health and achievement lead to happiness in the hereafter. This article, extracted from the treatise, with the aim of explaining the sexual issues of the child based on the verses and hadiths of the Ahl al-Bayt (AS) and based on the content analysis method, examines some jurisprudential rules in child sexual education and examines the correct education methods. . The results of this study show that it is necessary for parents to sexually educate their children and put their sexual instincts on the right path of control and satisfaction; Although children do not have sexual responsibilities before puberty, in order for education to be established and institutionalized, parents must take care of their children before they reach puberty, and this responsibility is objectively assigned to the parents. Manuscript profile

Open Access Article

5 - Social Trust in Islam’s Social System
hassan khairi

Social trust is an issue that is interested to sociologists and social reformers. Despite penetrating traditional culture with deep trustworthy elements, our society is faced with this phenomenon. Without any doubt, modern society committed to religious traditions has m More

Social trust is an issue that is interested to sociologists and social reformers. Despite penetrating traditional culture with deep trustworthy elements, our society is faced with this phenomenon. Without any doubt, modern society committed to religious traditions has moral, intellectual, arithmetical, and obligatory elements. In this study, with an integrated approach of agent-structure and acknowledging the necessity of these three elements has provided a picture of Islam’s trustworthy teachings. In addition, this study shed light on some issues extracted from individual jurisprudence’s dominance over social jurisprudence, and lack of clear distinction between action domain and structural domain. And finally, the study investigated the religious duty of commending to good deeds and prohibiting from wrong deeds. Manuscript profile

Open Access Article

6 - Principles and rules of Islamic educational jurisprudence in the scope of Teaching and learning
esa bahrami Abbas Ali Heydari mahmud ghayumzadeh

The purpose if this study was to investigate the principles and rules of Islamic educational jurisprudence in the scope of teaching and learning. The research method was documentary-qualitative and the statistical population consisted of published documents in the field More

The purpose if this study was to investigate the principles and rules of Islamic educational jurisprudence in the scope of teaching and learning. The research method was documentary-qualitative and the statistical population consisted of published documents in the field of education in Islam. Data has been collected by index cards of the library. Descriptive-analytical method was used to analyze the data. In this study, there were three hypotheses that were explained and analyzed. The results of the study show educational jurisprudence in connection with educational sciences provides a good basis for using the useful science because this link, in addition to determining the correctness and punishment of what has been learned, it determines its effects and blessings in the world and in the hereafter. Teaching and learning is not rich enough if it does not pay attention to its jurisprudential rules. Human doings have meaning when they are more compatible with divine and jurisprudential values. Since Educational jurisprudence and the rules of teaching and learning have common sources, they are correlated and interdependent. Their sources are the Holy Quran, narrations and the Prophetic tradition. Commitment to the rules of teaching and learning ensures the effectiveness of the education process in individual and social dimensions of life. Manuscript profile

Open Access Article

7 - A Reflection On The Positive Principle And Its Application In Iranian Jurisprudence And Law
Behnam Ghanbarpour Seyyed Ali Jabar Golbaghi Masoleh

The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authen More

The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authenticity in other interpretations of signs. The necessity of research on the positive principle is that the positives and rational and Shariah requirements are of fundamental use in jurisprudence and subject law. And it can be the basis of the judge's decision in some cases; For example, if due to the immaturity of the contracting parties, there is doubt about the nullity of the transaction, By referring to the positives of the authenticity principle, it is possible to judge the authenticity of the transaction; Now this question is raised whether the rational, customary and normal principles of practice have also been taken into consideration by jurists and lawyers? The findings of the current research, which is organized in a descriptive and analytical method, indicate that the positive aspects of signs are evidence; But the positives are practical principles that are considered as apparent rules, And they are used in practice when in doubt, and in the real world they have no discovery of the truth. They do not have the ability to hold. As a result, the rational and customary positives of practical principles such as the principle of association and the principle of acquittal cannot be effective in judicial procedures and will not be invoked. Manuscript profile

Open Access Article

8 - Typology of Rules of Quran and Tradition in Comparing and Contrasting Criterion of Contradiction in Principle of Conditions
Mohammadreza Khalilzadeh

The important status of the principle of conditions in jurisprudence and the rights of undertakings is something clear. The recent version of this principle excludes conditions countering the Book (Holy Quran) and tradition. Identifying the conditions countering the Boo More

The important status of the principle of conditions in jurisprudence and the rights of undertakings is something clear. The recent version of this principle excludes conditions countering the Book (Holy Quran) and tradition. Identifying the conditions countering the Book and tradition and putting forth a regulation to help the experts in Islamic law, jurists, and in cases the judges in comparing and contrasting instances of contradiction to the Book and tradition, will be very helpful. The classification of orders by the Book and tradition into positive and imperative rules, and the imperative rules into mandatory and non-mandatory, the researcher came to know the difference in the existence of criterion contradictory to the Book and tradition. This paper has embarked on typology of Quran and tradition and presenting a criterion for readdressing the condition contradictory to the Book and tradition. Manuscript profile

Open Access Article

9 - A Comparative Study of Identification and Implementation of Foreign Judgments in Civil and Commercial Matters in Iranian Law and the Hague Convention of 1971
Abasat Pour mohammad Faeze Jahani moghadam

10.61186/ahrar.45966.4.8.1

In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international l More

In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international law, and among them, the 1971 Hague Convention represents a turning point in international efforts to create uniform laws and principles for recognizing and enforcing foreign judgments. In Iranian laws, the conditions for identifying and enforcing judgments are also stated in Article 169 of the Civil Procedure Code. In this article, a comparative study is attempted using library research method and descriptive-analytical approach on the identification and implementation of foreign judgments in civil and commercial matters with a focus on the provisions of the 1971 Hague Convention and Iranian civil laws. Manuscript profile

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