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Author(s): 

SAEIDIAN F.

Issue Info: 
  • Year: 

    2010
  • Volume: 

    6
  • Issue: 

    19
  • Pages: 

    85-105
Measures: 
  • Citations: 

    0
  • Views: 

    2715
  • Downloads: 

    0
Abstract: 

Although, some lawyers have opinion that the theory  emerges from the maxim of " Re bus sic stanti bus", which means everything will be as was the conclusion of the Contract, but must accept that this theory is existed by economic crisis of the last century.On the basis of the theory, if in a long term Contract, in the effect of CHANGE of circumstance, which were unforeseeable for parties, the Coasts of the contract becomes so expensive that lose the balance of the Contract, for allocating of heavy unfair responsibility on one of the parties, this theory comes into.The theory is bring into legal systems of many  Courtiers and some conventions as Vienna, UNCITRAL, UNIDOIT, I.C.C and  principals of European Contracts.Iran’s law system has not any legislation about applying this theory and courts object to invoke to it on basis of stability of contract and ISLAMIC law; in sprite of; some lawyers have been tried to find an equivalent for it; but expressly this system don’t try to create a principle for contract which is effected in CHANGE of CIRCUMSTANCES. In this article; the author tries to introduce the scope of the theory in Iran and ISLAMIC law and in the end some proposals are demonstrated.

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Author(s): 

Issue Info: 
  • Year: 

    1399
  • Volume: 

    44
  • Issue: 

    11
  • Pages: 

    69-86
Measures: 
  • Citations: 

    1
  • Views: 

    111
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

Quranic Doctrines

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    93-120
Measures: 
  • Citations: 

    0
  • Views: 

    145
  • Downloads: 

    8
Abstract: 

The lack of Quranic approaches in the production of Quran-based humanities is still felt, despite the predominance of the philosophical approach in critical approaches to modern humanities, which has become very common in the ISLAMIC world and in Iran for several decades. It seems that the capacity of the method of thematic exegesis (al-Tafsīr al-mawdū'ī, Arabic: التفسیر الموضوعیّ) in this regard, can be used to bring the Holy Quran into the field of humanities. Thematic exegesis, according to whether its subject is inside or outside the Qur'an, has several functions in criticizing the structure of modern knowledge and scientific research, as well as the production of ISLAMIC humanities. It is possible to make use of thematic exegesis of the inside of the Holy Book of Quran in order to “fundamental criticism” of the general fundamentals of humanities -the fundamentals of epistemology, axiology, ontology and anthropology- and it is also possible to use thematic exegesis for constructing and producing foundation of humanities obtained from the Holy Quran. It is used by thematic interpretation exegesis of the outside of the Holy Book of Quran -such as Shahīd (martyr) Sadr’s interrogational approach- to answer the problems of humanities and this process faces challenges such as the complexity and multiplicity of the “subject” of the humanities that exist in modern terminology of this field. It can be used in order to solve this issue in some cases to know the process of the CHANGE of the components of the modern of the conceptual history’s approach and also by analyzing the issue into several components can be shown that the components are not necessarily a product of the modern era and can be followed up in the Holy Quran and can be found up in the Holy Quran. The perspective of the Holy Quran, after that, regarding the modern subject in the desired field by the “combining” of the results obtained based on the thematic interpretation.

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Writer: 

Issue Info: 
  • End Date: 

    1395
Measures: 
  • Citations: 

    0
  • Views: 

    302
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact:   مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 302

Issue Info: 
  • Year: 

    2022
  • Volume: 

    12
  • Issue: 

    47
  • Pages: 

    113-144
Measures: 
  • Citations: 

    0
  • Views: 

    170
  • Downloads: 

    26
Abstract: 

One of the factors that can be the link between our intentions and actions and their external consequences is human agency, which indicates the conscious design and intentional execution of actions by the individual in order to influence future events.Objective and Method: This research with a developmental approach of psychometric method and method 1, examines the psychometric indices of the Human Factor Characteristics Scale using the classical theory of test score measurement and the graduated question-answer theory. The purpose of this study, which included high school students in Tehran, was selected by cluster sampling of 500 people as a sample size and statistical analysis was performed on 481 data. To collect the data, the ion Human Agent Characteristics Scale (2011) was used and the research questions were evaluated using IRTPRO and SPSS software.Results:The assumption of local independence based on Pearson x2 index was established by applying Simjima's calibrated question-answer theory and the assumption of being one-dimensional based on the analysis of multidimensional question-answer theory. Diagnosis parameters with question-answer approach and classical approach Test score Both item 25 approach had the lowest and item 2 had the highest diagnosis parameter. The answer thresholds for all the questions were so far apart that no option was covered by the other option, and the options were independently selected by individuals at intervals of theta. The total scale was calculated with Cronbach's alpha of 0.945, intentionality of 0.894, foresight of 0.780, self-reactivity of 0.871 and rethinking of 0.762. Also, the role of each item in internal consistency was investigated by the loop method, which all questions had a favorable role in internal consistency of this scale. The value of the validity coefficient obtained from the question-answer theory was obtained by marginal method for intentionality 0.92, forethought 0.85, self-reaction 0.91, rethinking 0.83..

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Author(s): 

Lugten Peter

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    159-174
Measures: 
  • Citations: 

    0
  • Views: 

    151
  • Downloads: 

    16
Abstract: 

This paper examines the work of Immanuel Kant in the light of a new theory on the nature of truth, knowledge and falsehood (the Inversion Theory of Truth). Kant’s idea that knowledge could be absolutely certain, and that its truth must correspond with reality, is discredited by a dissection of the Correspondence Theory of Truth. This examination of the nature of truth, as well as knowledge and falsehood, is conducted with reference to Sir Karl Popper’s writings on regulative ideas, the criterion of demarcation and the principle of falsifiability. It is argued that if truth is to be regarded as certain, it should be used to describe objects and events in the objective (noumenal) state, and that subjective knowledge must contain (and is improved by) falsehood. Perceptions and knowledge are obtained by the biological and evolutionary process of Active Subjectivism. Ideas we have knowledge of can be metaphysical or scientific, according to Popper’s Criterion of Demarcation. Kant’s “Copernican revolution” claim that our intellect imposes absolutely true laws on nature could not allow for the possibility that ideas might be constructed from fallible perceptions, and hence that all knowledge is uncertain. Instead, he developed a Critique of Practical Reason in which religion, though not provable through logical reasoning, could be proved by our innate moral sense, giving us a Categorical Imperative that could lead to perverse results. By rejecting the absolute certainty of a priori knowledge, and admitting a degree of essential falsehood, we arrive at a more reasonable grounding for moral behavior.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    147-158
Measures: 
  • Citations: 

    0
  • Views: 

    152
  • Downloads: 

    30
Abstract: 

Considering the fact that the words in the intra-religious attitude are considered in two ways, the first is towards jurisprudential words and the second is a rational and conceptual view focusing on their meanings. we have tried to deal with one of the most important issues of intra-religious attitude with a rational approach by descriptive and analytical method, which is the category of "hermeneutic interpretation" of words, especially the most influential idea of interpretation & that is the view of the "spirit of meaning" of Ghazali. After Ghazali, Ibn Arabi used this theory of Ghazali regarding the development of meaning in creating his new idea, and by re-reading Ghazali's idea with a mystical approach, he presented his own theory regarding the expansion of meaning. While accepting the argument of the focal point of the theory of the spirit of meaning, he removes it from the exclusivity to the "linear", and for this purpose, he brought up arguments as well as the Conditions of Hermeneutic Interpretation in this regard. Ibn Arabi's arguments on transversal interpretation include new formulations in the argument, which after him, this theory was favored and accepted by Mulla Sadra, and then it was accepted by his students.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    7
  • Issue: 

    13
  • Pages: 

    55-87
Measures: 
  • Citations: 

    0
  • Views: 

    1542
  • Downloads: 

    0
Abstract: 

The issue of sex-CHANGE and its acceptability or non-acceptability has always been raised in the ISLAMIC JURISPRUDENCE. The Christian religion and the non-Shiite sect of Islam have taken it as inviolable. They have regarded respecting the alternations in the God’s creatures as the main reason for such sanctity. They maintain that sex-CHANGE is a sort of alteration in the “law of creation” and a satanic act and consequently it is illegal and unlawful. In contrast, the Shiite sect of Islam believes in the permissibility and non-sanctity of the sex-CHANGE. They have considered several reasons for such a permissibility including the principle of Ebahe, the principle of Javaz, and the JURISPRUDENCE rules of Ezterar and Nafye osro haraj.Someone who transforms his or her gender should be given a new identification certificate in accordance with his or her new identity. The socio-cultural consequences of the sex-CHANGE should also be taken into account. For example, in Iran, if the president CHANGEs his sex and becomes a female, he immediately will be deprived of his position since according to the article 114 of the constitution, “the president should be chosen from among the political or religious men and directors and needs to be competent”. It is also true for the judges, the leaders of the prayers, etc. which are especially for men and women cannot obtain such job opportunities.On the other hand, sex-CHANGE dissolves (annuls) the marriage contract since it leads to continuation of pairing among two persons of similar gender. The sex-CHANGE, roughly speaking, has no influence on the bride’s marriage portion since the wife will possess it as soon as the marriage contract takes place. The other edicts such as Edeh, Heyz, and Nafas are the writs which are especially for the women. Consequently, sex-CHANGE results in deprivation from Edeh. Sex CHANGE also deprives the women from the alimony in the enduring marriage contract. In the shot-term marriage, if the alimony has been stipulated as a condition, sex-CHANGE results in its deprivation. Sex-CHANGE has no influence on the payment of children’s’ portion. The sex-CHANGE of father does not takes away his guardianship upon the children. In addition, the mother’s sex-CHANGE cannot bestow the right of guardianship to the mother. Sex-CHANGE, also, does not cut off the family relationships and titles but it merely CHANGEs the family relationships titles and the very close kinship among the family members persists. Regarding the share of an inheritance of a sex-CHANGEd person, his or her existing gender will be taken into consideration. In other words, the gender of the heir at the time of the heiress death will be taken as a criterion for action. The sex-CHANGE of parents has no influence on the extent of their share of inheritance from their children. The sex-CHANGE has no effect on a person’s civil authorities. However, it is influential in some of his or her penal authorities. Although the sex-CHANGE does not take away a person’s penal authorities, his or her existing gender will be taken into consideration for punishment enforcement.The resumption of father from Ghesas-e-Nafs due to killing his child involves the father who has CHANGEd his gender. Regarding the difference between the blood-ransom for men and women, the crime’s gender at the time of enacting punishment will be taken into consideration. Concerning the enforcement of punishment for an apostate, the straitened CIRCUMSTANCES and the accused interest will be taken as a criterion for action. The blood ransom will be paid to the plaintiff in terms of his or her gender at the time of demanding for the payment. Regarding the identification of someone’s mental soundness, the person’s new gender will be the criterion for action.

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Journal: 

Quranic Doctrines

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    37
  • Pages: 

    55-92
Measures: 
  • Citations: 

    0
  • Views: 

    134
  • Downloads: 

    8
Abstract: 

The intellect is the distinguishing feature of man from animals which has not been found anything more harmful than wine for intellect and the descent of man into the position of animalism is the result of that. Wine has always been forbidden in the heavenly religions based on this, however, the time and manner of declaring its prohibition in Islam has led to the confrontation of two viewpoints in the instant prohibition with the intoxicate of sleep in the sense of the state of being intoxicated (Arabic: سُکارَی) in verse 4:43 An-Nisāʾ (Arabic: النساء, An-Nisāʾ) and gradual prohibition with the intoxicate of wine. The findings of this research by a library study and descriptive analytical method indicate the accuracy of the theory of instant prohibition with Quranic, narrational proofs and rational confirmations and historical evidence in declaring the prohibition of wine in Makkī (Arabic: المکّیّ, suras revealed in Mecca) verses in early Biʿtha (Arabic: بِعثة) and its emphasizing in verse 5:90 Al-Maʾidah (Arabic: المائدة, Al-Māʾidah). In contrast, the inaccuracy of the theory of gradual prohibition of wine was proved due to its content contradiction and opposition to the Holy Book of Quran, because it is stated, on the one hand, that wine in the first stage was forbidden during the prayer time with the revelation of verse 43 of An-Nisāʾ, the sixth Madanī (Arabic: المدنیّ, suras revealed in Medina) surah in order to justify the gradual theory with the gradual rational law, but on the other hand, it is stated to the absolute prohibition of wine in its verse 219 and also in some Makkī verses by violating the law of gradualness, by declaring that Surah Al-Baqarah is one of the first Madanī Chapters (suras) according to consensus that was revealed after the Hijrah (Arabic: الهجرة). Consequently, the occasions or CIRCUMSTANCES of revelations in Sunni exegeses by negation the intoxication of wine in gradual theory have subjective exit from this verse for the motivation of defense of drinking wine of some people and the unjust attribution to others by incorrect justifying the allowance of wine until the revelation of verse 43 of An-Nisāʾ in Medina. Therefore, the distinction between declaring the prohibition of wine in Mecca in early Biʿtha and the delay of several years of execution of Ḥadd (fixed punishment) of Khmer (the drinking of alcohol, shurb khamr) in Medina in instant theory, in addition to creating strong motivation in leaving and religious final notice has also been a kind of educational method of Islam. While the announcement of the absolute prohibition of wine at the same time as the implementation of its Ḥadd (fixed punishment) with the revelation of verse 90 of Al-Maʾidah from the last Madanī Surahs (Surah Madaniyah) or Madani chapters in the gradual theory is against the educational method expected by them. The unjustifiable consumption of some companions of drinking wine in Medina until the revelation of the prohibition verse in addition to the achievement of the Quranic theory of Saib Tabrizi (Persian: صائب تبریزی, Romanized: Ṣāʾib Tabrīzī) is among the consequences of proving instant theory of the prohibition wine.

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Issue Info: 
  • Year: 

    1354
  • Volume: 

    45
  • Issue: 

    -
  • Pages: 

    351-358
Measures: 
  • Citations: 

    1
  • Views: 

    288
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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