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Open Access Article

1 - A Comparative Study of Mortgage Contract and Its Establishment in Iranian and American Legal Systems
Farideh Shokri

Abstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any differen More

Abstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any difference between the two stages of creation and establishment of the right of pledge. Even in the case of immovable mortgage it is obligatory to register the document. On the other hand, in Iranian legal system the principle of transferability of the mortgage – however briefly – has been officially recognized so that conclusion of a mortgage contract and the establishment of the right of pledgee is no obstacle to future transfer of mortgage or pertinent rights by the mortgagor in case it does not violate the rights of the pledgee. The rule of this principle, without special stipulations on establishment of the rights mentioned in the contract such as obligation to register the mortgage, will sometimes raise consequences such as dispute in discerning priority, reference to the superficial contracts containing the date of priority and consequently violating the rights of pledgee as well as legal dispute in courts and probably penal procedures. Whereas in many legal systems across the world, the US legal system for instance, there is a distinction between the two stages of concluding the mortgage contract or a pledge and stipulations for the establishment of the rights of mortgage for either side. In these legal systems, a distinction has been made between movable and immovable mortgage and establishment of the right of pledgee on each case requires finishing certain formalities otherwise, the right of the pledgee will be incomplete and the priority will be with the other party finishing the procedure. The question raised in this paper is this: Is it possible to make a distinction between the two stages in Iranian legal system with respect to the existing jurisprudential laws and the enforceable legal texts? Manuscript profile

Open Access Article

2 - Aristotelian and Avicennan Background of the Principles of Analogical Theology of Thomas Aquinas
Mohammad Mahdi Gorjian Mojtaba Afsharpour

Given its emphasis upon the text of the Holy Scripture, Thomas Aquinas’s theory of analogical theology is one of the most influential and multi-faceted theories regarding the knowledge of God and analysis of His names and attributes. Aquinas’s main purpose in discussing More

Given its emphasis upon the text of the Holy Scripture, Thomas Aquinas’s theory of analogical theology is one of the most influential and multi-faceted theories regarding the knowledge of God and analysis of His names and attributes. Aquinas’s main purpose in discussing this issue in both of his great works, Summa Theologia and Summa Contra Gentiles, was to predicate the perfectional attributes of all creatures, including human beings as the most perfect of them, on God. He believed that this is possible by employing an analogical method of predication as opposed to equivocation and unequivocation. In this way, he attained a knowledge of the names and attributes of the Truth that enabled him to leave the negative theology of the Middle Ages behind and, in this way, avoid the trap of assimilating the Truth to the created. The essential element of Aquinas’s analogical theology is the “principle of the perfections of cause and effect”. The perfections of effect have an apriori supreme presence in the cause. There are two other principles in his works called the “argument of degrees of perfection” and the “principle of the priority of cause to effect”. He insists on attributing all these three principles to Aristotle and Ibn Rushd in order to introduce his own analogical predication as being rooted in Aristotle’s philosophy. However, the truth is that Aristotle never made any explicit reference to any of the claims made by Aquinas. Rather, the idea of God’s being above perfection and pure good, in the sense that Pure Perfection embodies all perfections of finite things, is among Ibn Sina’s achievements and innovations in theological discussions. In fact, Ibn Rushd’s words in this regard explain Ibn Sina’s theories although he wrote them in his commentaries on Aristotle’s words. Manuscript profile

Open Access Article

3 - Circularity of the Definitions of Nature and Truth of Time in Ibn Sīnā’s View
Hamid Shahriari

Ibn Sīnā has provided two definitions for time, which Khwājah Naṣīr al-Dīn Ṭūsī believes to be circular. The first definition has appeared in Ibn Sīnā’s al-Ishārāt and introduces time as incompatible priority and posteriority. Some philosophers, such as Āqā Ḥussayn Khān More

Ibn Sīnā has provided two definitions for time, which Khwājah Naṣīr al-Dīn Ṭūsī believes to be circular. The first definition has appeared in Ibn Sīnā’s al-Ishārāt and introduces time as incompatible priority and posteriority. Some philosophers, such as Āqā Ḥussayn Khānsārī, believe that the circular nature of Ibn Sīnā’s definition of time in this book poses no problem because the concept of time is an axiom, and the existence of circularity in the definition of an axiom is natural. His other definition has been given in al-Shifā. Here, the nature of time is defined in the sense of a measure of motion as divided into prior and posterior components. In this definition, time contains disjunctive quantity (time as the number of motion) in addition to continuous quantity (time as amount of motion). The present paper aims to provide a clear picture of the definition of the nature of time in Ibn Sīnā’s view in his al-Ishārāt and al-Shifā in al-Ṭabi’iyyāt chapter. Following an analytic comparative study of Ibn Sīnā’s works, the author concludes that Khwājah Naṣīr al-Dīn Ṭūsī’s perception of Ibn Sīnā’s definitions of the nature of time were not inconsistent and, rather, he intended to provide another analysis of the truth of time. Manuscript profile

Open Access Article

4 - A Study of Mīr Dāmād’s Approach to Suhrawardī’s View of Referring Temporal Priority to Natural Priority
Hamidreza Khademi

The problem of time and the quality of existence of priority and posteriority of its components are among the important issues in Islamic philosophy. In Ibn Sīnā’s view, the existing priority and posteriority among the components of time are of a temporal type; however, More

The problem of time and the quality of existence of priority and posteriority of its components are among the important issues in Islamic philosophy. In Ibn Sīnā’s view, the existing priority and posteriority among the components of time are of a temporal type; however, Suhrawardī believes that they are of a natural type. Mīr Dāmād has adopted a critical approach regarding Suhrawardī’s view by presenting two criticisms and finally trying to provide another view of natural priority and posteriority as components of time in addition to temporal priority and posteriority. The quiddative unity of the components of time and the consideration of external separation in temporal priority and posteriority comprise the essence of Mīr Dāmād’s criticism. He believes that the impossibility of the gathering of elements of time with each other confirms the truth of temporal priority and posteriority, and the need of some elements of time to some others and their dependence on them confirms the truth of natural priority and posteriority. This paper firstly explains Suhrawardī’s view in this regard and, then, after an accurate analysis and investigation of Mīr Dāmād’s criticisms, critically examines a part of his approach to the problem based on an analytic comparative method. Manuscript profile

Open Access Article

5 - Social Problems Threatening Social Health and having Priority in Iran
hassan Rafiee Ameneh Setareh Frouzan sina ahmadi

Priority setting helps maintain a clear focus, and according to the limitation of resources, it is necessary for reducing and controlling the burden of social problems better resource allocation. The present study aimed to identify and prioritize Iran's most critical so More

Priority setting helps maintain a clear focus, and according to the limitation of resources, it is necessary for reducing and controlling the burden of social problems better resource allocation. The present study aimed to identify and prioritize Iran's most critical social problems. This study was conducted in two steps. In the first step, a framework for classifying social problems was developed by reviewing the literature. Based on this framework, a list of social problems was prepared and categorized. In the second step, by studying the articles and books published in the field of social health, 20 experts in this field were selected and provided with the framework. Utilizing the Delphi method, the experts were asked to rank the mentioned list based on the three criteria including; prevalence, severity, and importance. Expert opinions were taken in three rounds. The country's social problems were categorized into three categories in order of priority. Although problems in society are numerous, the ten problems that have been assigned the highest priority in the present study are unemployment, corruption, income inequality, expensive housing, mistrust, poverty, reduction of productive investment, addiction, crime, and desperation. Planning for interventions and conducting social health research in the coming years should consider the aforementioned high-priority social problems that impose the most significant burden on society. The diverse social problems prioritized do not have exactly the same causes, consequences, and ways of control; therefore, identifying specific solutions to control them should be the next step in the process of social health planning. Manuscript profile

Open Access Article

6 - Wisdom and Philosophizing the Religious Teachings of Islam By the criterion of verbal characteristics
Masoumeh Sadat Hosseini Mirsafi

Man, having an individual and social field, has always preferred sociality to loneliness during his life. Since the choice of social life is optional and, to the extent that it is optional, it is also religious; Therefore, man needs religion in order to advance the goal More

Man, having an individual and social field, has always preferred sociality to loneliness during his life. Since the choice of social life is optional and, to the extent that it is optional, it is also religious; Therefore, man needs religion in order to advance the goals of his social life. The emergence of many moral virtues and vices and worship with the support of belief, is formed in the context of society and in relation to the social life of human beings and has its effects on society and social issues. In this article, in order to answer the question "What is the wisdom and philosophizing of the religious teachings of Islam with the criterion of verbal characteristics?", The author uses the criterion of verbal characteristics to explain the wisdom and purposes of the teachings of worship. Is. Findings of this research, after extracting verbal features and devotional teachings based on the verses of the Holy Quran and the narrations of the Infallibles (peace be upon them), are the expression of the philosophy and wisdom of these teachings in the form of ultimate goals and intermediate goals. It is expressed to achieve worldly and otherworldly interests. This research is an applied research in terms of purpose and a qualitative research in terms of data collection. In terms of research method, it is descriptive-analytical. Manuscript profile

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