List of Articles قاعده

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  1 - Explanation of Legal Principle of “Everything that is known only by claimant will be heard” and Its Application in Iranian Legal Code
  Seyed Mohammad Sadeq  Mousavi Seyed Omid  Mousavi
  Abstract: The legal principle of “Everything that is known only by claimant will be heard”, briefly known as the “maa laa ya’lam” is among legal principles that helps settlement of certain legal claims. Some cases are known only to the claimant due to confidentiality. T More

  Abstract: The legal principle of “Everything that is known only by claimant will be heard”, briefly known as the “maa laa ya’lam” is among legal principles that helps settlement of certain legal claims. Some cases are known only to the claimant due to confidentiality. Therefore, it is impossible to present evidence at the court for such claims. The legal principle of maa laa ya’lam (transliterated as what he does not know) is used to help resolving the case and the only solution is accepting the claimant’s claim without evidence. According to the related exhibits and evidences, this is a well-proven legal principle that has been invoked by the Infallible Household of the Prophet (pbuh) and Muslim jurists have made frequent mentions of it in their books. Instances of this legal principle’s effectuality can be found in various civil rights and penal codes. For instance, in civil rights, the principle is used in such claims on marriage, menstruation and payment of various dues, and also in penal code, it is used in case of presenting proof of no adultery. Manuscript profile
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  2 - The "important and more important" principle, and the unethical theory of justification
   
  The subject of “ethics in governing and ruling” has always been of interest to scholars and thinkers of all societies. Ethics in politics or ethical politics is still a controversial issue among great thinkers of political and moral philosophy. Having a short look at th More

  The subject of “ethics in governing and ruling” has always been of interest to scholars and thinkers of all societies. Ethics in politics or ethical politics is still a controversial issue among great thinkers of political and moral philosophy. Having a short look at the theories of philosophers from different schools about the relationship between ethics and politics, and having made a comparison between Plato, Aristotle, Marx, and Machiavelli, this article tries to describe and present the viewpoint of the Qur’an and ‘Ali ibn Abi-Talib about the matter. This article shows that the principal ruling method recommended by Niccolo Machiavelli, which is practically accepted by all rulers, and that is instrumentality in statebuilding –an approach represented by the saying “the ends justify the means.” Whereas, the Prophet of Islam's son-in-law, his closest companion, and his chosen successor; ‘Ali ibn Abi-Talib, has explicitly rejected this idea, And then, we have refered to the views of Shia jurists on the topic, and rooted out the "important and more important" principle and the determinants in case of contradiction, showing that the Quran and Hadith have allowed employing forbidden means only in the exceptional case of "saving humans' life," and it cannot be generalized to all cases of two contradictory gains. Manuscript profile
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  3 - Consistensy between Contractualism and Rule-Utilitarianism on Parfit and its valuation
  Seyed Taghi  Agha Miri Seyed Ahmad  Fazeli Mohsen  Javadi
  Utilitarianism and contractualism throughout its life have enjoyed a variety of readings in new and old societies among utilitarians and contractualists. The ancient utilitarians have different readings of classical and act-utilitarianism, and rule utilitarianism More

  Utilitarianism and contractualism throughout its life have enjoyed a variety of readings in new and old societies among utilitarians and contractualists. The ancient utilitarians have different readings of classical and act-utilitarianism, and rule utilitarianism treats the two differently. Parfit utilitarianism is not only different from other forms of utilitarianism, but also distinct from normative utilitarianism, rooted in the principles of general principles based on his rationality, objectivism, and anthropology. He has the same view of contractualism. Parfit says:A)Agreed general moral principles ,B)followed the rational principles that people agree on. Principles must be chosen that can be rationally formulated so that no one can easily dismiss it.This kind of contractualism wants to show, firstly, the existence of moral knowledge and, secondly, the objectivity of moral values and propositions by relying on rationality.Parfit tries to build utilitarianism and contractualism on the maximum of rationality. Manuscript profile
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  4 - The rule of reason for ignorance and its application in theology
  morteza motaghi nejad
  reverence of excessive ignorance means that a truth is hidden and a person remain in his/her ignorance or means that mentioning against truth. This sometimes is lawful and correct including mentioning something against truth and sometimes is illegal l More

  reverence of excessive ignorance means that a truth is hidden and a person remain in his/her ignorance or means that mentioning against truth. This sometimes is lawful and correct including mentioning something against truth and sometimes is illegal like as considering the miracle for false prophet which is impossible for God ; because this is considered as cruelty and breach. The rule of enormity of reverence of excessive ignorance is one of the most important ones. research and study in the domain of this rule will show that mentioned rule is used to prove issues like as incumbency of benefice to God , the necessity of duty for human , the necessity of sending prophet , the necessity of appointing Imam , certainty of chastity of prophet and imam , the indication of miracle on the honesty of prophet. This study has been carried out by library and report- analytic methods and has investigated the different uses of this rule in scholastic theology and has determined that this rule is used in important issues of theology. At the final section of the study , the most important reasons of enormity of reverence of excessive ignorance to God like as the rule of congruity of cause and effect , the rule of rational enormity and virtue and the impossibility of ignoring intention have been studied Manuscript profile
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  5 - Explanation of Characteristics and Dimensions of the Rule of Imamate Jurisprudenc
  farokh  mohseni
  Rule requirements of certain jurisprudential rules, but the rules of society, the Shiite jurists, according to the narrative of the strongest evidence base is crucial requirement The proof of this principle in jurisprudence and Jzyan agree. The meaning of the rule of ne More

  Rule requirements of certain jurisprudential rules, but the rules of society, the Shiite jurists, according to the narrative of the strongest evidence base is crucial requirement The proof of this principle in jurisprudence and Jzyan agree. The meaning of the rule of necessity, require the ingredients Imamiyyeh and Kfar rules and assignments that they believe it. This is the same meaning of the Hadith known as "Al-Zumoham Bama Al-Zammah". Therefore, from the perspective of Shiite jurists, rule that the legal requirements of a law allowing Shia and non-Shia lays in cases where there is disagreement between Shiite jurisprudence. Followers of Sunni Islam or followers of other religions are bound to their convictions, and thereby benefit though it is not accepted law on Shiite jurisprudence. On this occasion a discussion of the rule requiring a special position in law is based on some of the elders said: "If this principle is the basis for the market and Muslims remain in place.". Manuscript profile
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  6 - A Critique on the Scope of Child Custody in Iranian Law with an Emphasis on Jurisprudence
  mostafa nasiri
  Background and Aim: Under the rule stipulated in Article 1210 of the Civil Code, minors who have reached puberty can be allowed to leave the custody of their parents and guardians and continue their lives independently before mentally mature. It is clear that such a rul More

  Background and Aim: Under the rule stipulated in Article 1210 of the Civil Code, minors who have reached puberty can be allowed to leave the custody of their parents and guardians and continue their lives independently before mentally mature. It is clear that such a rule will involve a lot of damage for minors. Now the question is if in the light of principle of harm, a step can be taken to protect children more and so limit the scope of this legal ruling? In this article, the author is trying to provide an appropriate answer to this question by relying on some jurisprudential opinions and rules and legal ideas so that the interests of minors were better considered. Method: This research has been done using documents and library resources and descriptive-analytical method. Results: Leaving a child out of parental custody before reaching mentally mature is against the goals of care and education and can cause irreparable damage to the child first and then to the society. But unfortunately, due to the interpretation of Article 1210 of the Civil Code, there is a possibility of minors leaving custody early and causing such injuries to them. Therefore, before the legislative reform, it should be thinked about the interpretation and implementation of the law in order to prevent such a situation in the family and society. Conclusion: Currently, based on some jurisprudential opinions as well as the principle of harm, it is necessary to consider the continuation of custody of children until they reach the mentally mature stage. Manuscript profile
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  7 - An Explanation of the Ontological Principles, Genetic Place, and Effects of Mohammedan Truth in the Transcendent Philosophy
  Mahdi Ganjvar Naser Momeni
  The emanation of the First Intellect as the first thing which was created without an intermediary by Almighty Truth is one of the important problems in Islamic philosophy. The First Intellect or the First Emanated in the Transcendent Philosophy is the essence and transc More

  The emanation of the First Intellect as the first thing which was created without an intermediary by Almighty Truth is one of the important problems in Islamic philosophy. The First Intellect or the First Emanated in the Transcendent Philosophy is the essence and transcendent spirit of the Holy Prophet (s) or the same “Mohammedan truth”, which is confirmed based on transmitted proofs and rational principles. Following a descriptive-analytic method, this paper explains the ontological bases of this theory in the Transcendent Philosophy while clarifying its meaning and referents in Islamic philosophy and gnosis. Some of the philosophical fundamental principles upon which the understanding and explanation of Mohammedan truth depends include the principiality of existence, the principle of the One, the principle of the noblest possibility, simplicity of existence or the principle of simple truth, and the principle of the simplicity and diffusion of existence. In the final section of this paper, based on Mulla Sadra’s works, the writers have dealt with the genetic place of Mohammedan truth in the system of being and elaborated on some of the most important effects and ontological blessings of this transcendent truth, such as mediation in divine blessing and mercy, maintaining the basis and order of the world, providing guidance towards the right path and attainment of happiness, and gaining proximity to God and benefitting from His intercession. Manuscript profile
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  8 - A Horizon for Sentiment Analysis in Social Networks based on Interpreting Contents
  Maryam Tayefeh Mahmoudi َAmirmansour  Yadegari Parvin Ahmadi Kambiz Badie
  Interpreting contents in social networks with the aim of analyzing the sentiment of their narrators is of particular significance. In this paper, we present a framework for such a purpose, which is able to classify the messages hidden in contents based on using some rul More

  Interpreting contents in social networks with the aim of analyzing the sentiment of their narrators is of particular significance. In this paper, we present a framework for such a purpose, which is able to classify the messages hidden in contents based on using some rule-type protocols with high abstraction level. According to this framework, items such as prosodic of a content's narrator, context of disseminating a content and the key propositions in a content's text are regarded in the condition part of a protocol, while the possible classes for the message in a content are considered as its action part. It is to be noted that the proposed rule-type protocols can equally be used for other languages due to the generic-ness of the above-mentioned items. Results of computer simulations on a variety of different contents in the social networks show that the proposed framework is sufficiently capable of analyzing the sentiment of the contents' narrators in these networks. Manuscript profile
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  9 - The effects of defamiliarization in Abhar al-Asheqin with the approach of adding rules and rules of straw
  Manzar Soltani Azar Firouzi Rad
  Part of the mysticism of the 6th century is the result of the thoughts of "Ruzbehan Baghli". In the book "Abhar al-Asheqin", Roozbahan Baghli has mixed dynamic thought with creativity with poetic expression in the form of prose and intertwined the boundaries between p More

  Part of the mysticism of the 6th century is the result of the thoughts of "Ruzbehan Baghli". In the book "Abhar al-Asheqin", Roozbahan Baghli has mixed dynamic thought with creativity with poetic expression in the form of prose and intertwined the boundaries between prose poetry and poetic prose. In the study of the language of "Abhar al-Asheqin" in this research, defamiliarization components were identified in his prose with an emphasis on the opinions of "leach".For this purpose, descriptive-analytical method and library resources have been used. In this book, Rozbahan's language has a special system, and the methods of defamiliarization, rule-making, and linguistic rule-enhancing, influenced by Rozbahan's mystical experiences, are well expressed. Grammarization through the process of verbal repetition is in the form of a balance resulting from lexical repetition, and among these, there is more incomplete phonetic repetition than complete phonetic repetition in the form of parallel (parallel and opposite) and congruent words. As a factor in creating defamiliarization in the form of personalization, simile, and metaphor, defamiliarization is the most frequent form of fantasy in "Abhar al-Asheqin" and the combinations of words that are mixed in an artistic and innovative way defamiliarize the language. The succession of additions and the use of verses and hadiths and contrasts are also among his tricks in this work. Manuscript profile
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  10 - Pregnancy: Right Or Duty
  Neda Akbar zade
  10.61186/ahrar.45877.4.7.1
  Matrimony is a sacred event and different affects and consequences arise from it. One of the purposes of people in marriage is having baby, a baby who is the plenipotentiary representative of his/her parents. However, sometimes husband is opposed to her wife pregnancy w More

  Matrimony is a sacred event and different affects and consequences arise from it. One of the purposes of people in marriage is having baby, a baby who is the plenipotentiary representative of his/her parents. However, sometimes husband is opposed to her wife pregnancy without any compelling reason. The question is whether childbearing is a right? And if the answer is positive, it is the right of both wife and husband or just one of them? We can understand from the context of jurists and Islamic scholars that childbearing is a right of both parents (not merely a right for man). As husband has the right of getting pregnant, the wife also has the right to become pregnant.According to La Zarar (no prejudice) rule and the assumption of husband’s misconduct, the wife would have the right to divorce if the right of wife (become pregnant) be ignored and man refuse to have a baby. Manuscript profile
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  11 - Analytical study of the rule of urgency in Islamic law and jurisprudence
  Abbas Ali  Bahari Ardashiri Sayed Mohammad Shaffiey
  The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of re More

  The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of reason and frees himself from that severe danger by committing a forbidden act and causing harm to a person or other persons. But this damage must always be as great as the danger that is created and more damage must be avoided. Article 206 of the Civil Code, while validating an emergency transaction, states that if a person enters into a transaction as a result of a personal emergency, it is not considered contempt. The cause of external urgency is the ruling of the Cairo power, so it eliminates the causal relationship between action and distress and harm. Accordingly, the distressed person is not liable unless it can be held liable under civil liability. Components of fairness or non-fairness of contracts include abuses of the position of a person or persons in a state of emergency. This article examines whether an emergency can relieve civil liability or not, and examines the contracts that are made with distressed people, as well as the ruling on their invalidity or non-invalidity. Manuscript profile
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  12 - Explanation of the relationship between God and the universe according to Mirza Javad Tehrani (RA)
  Ali Akbar Haeri Movahhed yahya Kabir Mohammad   Saeedi Mehr abbas zahabi
  The purpose of this research is to answer the question, what is the relationship between God and the universe from the perspective of Mirza Javad Tehrani? For this purpose, his written works were analyzed by means of content analysis of sources in a library manner. Sage More

  The purpose of this research is to answer the question, what is the relationship between God and the universe from the perspective of Mirza Javad Tehrani? For this purpose, his written works were analyzed by means of content analysis of sources in a library manner. Sages in response to this question of rational assumptions such as; They have used the principle of causation, falsification, composition, the principle of oneness, the subject of manifestation, etc., and by proposing a separation between the first creation and the first emission, they have considered the relationship as an existential matter. Mirza Javad, one of the thinkers of the separation school, while not accepting the aforementioned principles, does not consider the claim of the sages to be free of problems. He believes that determining the example of the first creature and expressing the type of relationship is beyond the realm of human knowledge, so we must obey the Sharia texts in this regard. Therefore, the relationship between God and the universe is definitely established. Although its quality is unknown to us. Manuscript profile