Search Results/Filters    

Filters

Year

Banks




Expert Group











Full-Text


Issue Info: 
  • Year: 

    2022
  • Volume: 

    86
  • Issue: 

    119
  • Pages: 

    99-119
Measures: 
  • Citations: 

    0
  • Views: 

    79
  • Downloads: 

    10
Abstract: 

Although the focus of judicial decisions is on laws and evidence, other factors also play crucial roles. Judges' gender is one such factor hypothetically influencing judicial decision-making. The present study seeks to determine whether, based on statistical and empirical evidence, a correspondence can be detected between the judges’ gender and their judicial decision-making. Using the descriptive-analytical method, the present study tries, first, to achieve a coherent understanding of this issue by analyzing the research already carried out on the judges' gender and, in the next step, to provide solutions to control –or at least minimize- the unconscious impact of gender on decision-making. The solutions presented in this research fall into two categories: personal strategies and structural strategies. In the first category, we try to provide recommendations to strengthen cognitive powers, while in the second, we will suggest ways to minimize the impact of judges' gender by structurally reforming the judiciary system

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

View 79

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 10 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2022
  • Volume: 

    7
  • Issue: 

    2
  • Pages: 

    55-78
Measures: 
  • Citations: 

    0
  • Views: 

    144
  • Downloads: 

    19
Abstract: 

Purpose: The science of INTERPRETATION, as the most important science responsible for understanding the Qur'an, needs to be methodized and updated so that the teachings of the Qur'an can be used easily for all classes of people. In the present study, the meaning of "future research in INTERPRETATION" is the ability to create desirable models for more efficient INTERPRETATION in the future, by using scientific tools, creativity and relying on the foundations and rules of INTERPRETATION and compensating the damages of INTERPRETATION in the past.Method: This research, with descriptive analytical method, answers the question, what are the fields and requirements of future research in INTERPRETATION? Findings: The results of the current research are based on the fact that special attention to the Qur'an, as the most important source of INTERPRETATION, rationality and methodical consideration in INTERPRETATION, attention to the prerequisites of INTERPRETATION, INTERPRETATION based on the requirements of the time, the need to pay attention to thematic INTERPRETATION, studying on the history of INTERPRETATION and observing the manners and conditions of INTERPRETATION are one of the most important requirements of INTERPRETATION in the future. Results: Considering the developments that will take place in the field of knowledge, methods and expectations from science in the future, the INTERPRETATION will also change. For this reason, in order not to cause various damages to the INTERPRETATION of the Qur'an, it is necessary to pay attention to the various contexts, principles and requirements of the INTERPRETATION of the Qur'anic commentators and scholars.

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

View 144

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 19 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2023
  • Volume: 

    87
  • Issue: 

    123
  • Pages: 

    75-94
Measures: 
  • Citations: 

    0
  • Views: 

    53
  • Downloads: 

    9
Abstract: 

Simply speaking legislative history is the history with regard passage of a particular legislation. It includes: the government's statement of reasons for a bill and the legislative antecedents statutory provision under consideration; pre parliamentary materials relating to the or the statute in which it is contained, such as reports of and commissions reviewing the existing law and recommending and; parliamentary materials such as the floor debates in the legislature. In our LEGAL system, the validity of the legislative history in LEGAL INTERPRETATION is somehow considered as unquestionable presupposition. Therefore, the institutions responsible for INTERPRETATION, including the Council of Guardian, feel committed to it. Despite the role of legislative history in LEGAL INTERPRETATIONs, its nature, types and criteria are unclear and unresolved. In this article, I first provide a precise definition of legislative history and its types, and then try to convince you that any reference to legislative history in INTERPRETATIONs is misleading. For, first, there is no such thing as the intention of the legislature to make legislative history a means of collecting it; Secondly, assuming the existence of the intention of the legislator, such a thing is not accessible to the interpreter, and thirdly, assuming that it is accessible, the search of the intention of the legislator through the legislative history has no unconstitutional.

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

View 53

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 9 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Journal: 

LEGAL Research

Issue Info: 
  • Year: 

    2018
  • Volume: 

    21
  • Issue: 

    81
  • Pages: 

    265-287
Measures: 
  • Citations: 

    0
  • Views: 

    810
  • Downloads: 

    0
Abstract: 

Pragmatism is an approach which focuses on satisfaction of consequences instead of essential elements of a phenomena. The definition guide us that pragmatism effects a widespread influence on social sciences. The pragmatic movement on law began in fist twenty centuries and have raised until today. This article is seeking to study the effects of pragmatism on judicial INTERPRETATION. For this aim, we list the elements of classic INTERPRETATION and compare or adjust them to new approach. In classic view, the judge must find truth but a pragmatic person does not believe in a given result as true one; all approaches, even some conflicting approaches may be true. Classic INTERPRETATION trends to textual INTERPRETATION and systemic analogy. Systemic analogy make these dimensions: essentialism, sovereignty of LEGAL principles and logical INTERPRETATION. On the contrary, LEGAL pragmatism is guided to contextualism, antiessentialism and induction. this comparison guide us to a novel nethod of INTERPRETATION

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

View 810

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    2
  • Pages: 

    175-207
Measures: 
  • Citations: 

    0
  • Views: 

    134
  • Downloads: 

    0
Abstract: 

In most LEGAL systems, INTERPRETATION is performed with the aim of determining the common will and intention of the parties. Sometimes, the contract texts contain vague, insufficient, defective, or contradictory elements that make it difficult to reveal the common intention of the parties, and may even lead to INTERPRETATIONs in clear contrast with the parties’, common intention. At times, the circumstances governing the execution of a contract change to a degree that it is not possible to see the contract as the true INTERPRETATION of the intention of the parties. Hermeneutic INTERPRETATION methods revolve around three elements: the text, the author, and the interpreter. Among hermeneutic INTERPRETATION approaches, the hermeneutic circle is in greater harmony with major theories in the modern contract law and the contract law in Iran. interpreter considers all the mental elements and presuppositions of the parties when the text is prepared, and recreates the contract using implied terms, and accepted customs of the parties. This INTERPRETATION method is more flexible than traditional methods, thus achieving greater harmony with justice and fairness criteria by putting contractual relations under the government of the criteria of the actual will. this research sought to examine the methods of INTERPRETATION common in hermeneutics, enumerate the strengths and weaknesses of each, delve into major theories in the modern contract law such as neoformalism and convention-based INTERPRETATIONs, and finally develop a balanced method free of extremism according to current circumstances and the principles of the modern contract law.

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

View 134

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2016
  • Volume: 

    12
  • Issue: 

    45
  • Pages: 

    115-136
Measures: 
  • Citations: 

    0
  • Views: 

    1305
  • Downloads: 

    0
Abstract: 

Moreover, that the rules of jurisprudence principles science serve Islamic jurists in inferring and finding religious judgments, they can help judges and lawyers in finding real object of legislation and in the other words, the spirit of laws. Regardless of reasoning made by acceptors and opponents of concept in principles science, this question is always posed that what is the criteria of existence or absence of negative concept in LEGAL texts? Without doubt, finding an appropriate answer to this question will block the way of any INTERPRETATION in respect of laws and LEGAL texts. This research has led, through considering different articles of laws that the criteria for distinguishing concept in LEGAL texts, where there are no presumptions, is based, in addition to considering undisputed LEGAL principles and rules, on common sense and literal regulations provided do not lead to an unreasonable meaning. Thus any unjustified and unproved analogy, comparison or generalization, is forbidden and this is the main result of this study.

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

View 1305

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 3
Journal: 

LEGAL Civilization

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    23
  • Pages: 

    539-554
Measures: 
  • Citations: 

    0
  • Views: 

    34
  • Downloads: 

    0
Abstract: 

Contract INTERPRETATION, as one of the important issues of contract law, is always of particular importance in various LEGAL systems. Contract INTERPRETATION is carried out when the text of the contract is incomprehensible and ambiguous to both parties. Of course, a contract that is formed based on the will of the parties and the will of the contracting parties is involved in its formation. In this situation, if the terms of the contract are ambiguous or silent, the contract is interpreted in several ways that have been discussed, and the contracting parties are included in the details of the contract. INTERPRETATION as a means of recognizing the true meaning of the provisions of the contract and the treaty and discovering the real intention of the parties, determining the limits and obligations arising from them, and also the factor that adapts the conditions and contents of the contract to the requirements of time and place, has been the focus of domestic courts and international judicial authorities. In this research, which has been conducted in a descriptive-analytical manner, an attempt is made to formulate coherent chapters on the INTERPRETATION of contracts by explaining the subject and applying interpretative rules and principles; in addition to eliminating the existing gap in this field, it also helps to implement the obligations arising from contracts by removing ambiguity. The results of the research show that experts in this field should be used in drafting contracts so that there is no dispute between the parties to the contract and, in the event of a dispute, the intention of the parties at the time of concluding the contracts can be the best understood.

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

View 34

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    192-220
Measures: 
  • Citations: 

    0
  • Views: 

    25
  • Downloads: 

    0
Abstract: 

This research article examines LEGAL discrimination against children born out of wedlock in Iran. Despite laws promoting equality, societal attitudes influenced by beliefs continue to result in discrimination. The study explores the reconciliation of religious beliefs with LEGAL frameworks and the changes made to the Iranian LEGAL system in response to positive human rights developments. The Article seeks to bridge the research gaps by comparing the experiences of Iranian children with those in other countries affected by Islamic law. The study employs library sources and descriptive and historical research methods to examine the LEGAL status of children born outside of marriage, both nationally and internationally, and the discrimination they face. The Article is structured into four distinct sections: an analysis of Islamic Law, a review of the Iranian LEGAL system, an assessment of Iran's compliance with international conventions, and a discourse on the necessity of substantial positive change. The Article ultimately recommends the eradication of discrimination through heightened awareness and the advancement of inclusivity for all children, irrespective of their lineage. In summary, this research Article aims to shed light on LEGAL challenges faced by children born outside of marriage in Iran, with the goal of promoting positive changes in their treatment.

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

View 25

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2020
  • Volume: 

    25
  • Issue: 

    90
  • Pages: 

    297-316
Measures: 
  • Citations: 

    0
  • Views: 

    419
  • Downloads: 

    0
Abstract: 

According to articles 3 of laws of civil procedure, judges are responsible for issuing verdicts according to LEGAL principles when there is ambiguity or lack of law. In these laws at first, the concept of LEGAL principles is not distinctive on the relationship with laws, the spirit of law, judicial decrees and jurisprudential rules. Second, there is not any standard for judges to distinguish LEGAL principle from non-LEGAL principle. LEGAL principles in spite of law and Islamic reliable sources and judicial decrees are not collected into a book,therefore, their performances are complicated and difficult. The main goal of this investigation is the recognition of LEGAL principles as the better standard for the INTERPRETATION of laws. LEGAL principles are representative of the community values that laws constitute according to it. So, LEGAL principles are the best standard for comprehending law in this sense when the law is ambiguous, the LEGAL principles are standards for INTERPRETATION of law and on the lack of law as the base for issuing verdicts on the courts. The judge must perform those LEGAL principles that are as the best vindicator. The INTERPRETATION base on LEGAL principles makes formation of uniform procedure on the courts.

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

View 419

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

IZADIFARD A.A.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    -
  • Issue: 

    78 (QUR'ANIC AND HADITH STUDIES)
  • Pages: 

    41-69
Measures: 
  • Citations: 

    0
  • Views: 

    1771
  • Downloads: 

    0
Abstract: 

The book Kanz al-‘Irfān fī Fiqh al-Qur’ān by Fādil Miqdād (d. 826/1422) is one of the credible books in LEGAL-exegetical analysis of āyāt al-āhkām (verses of ordinances). Due to its countless features and privileges in LEGAL INTERPRETATION of verses, this book has always been focus of attention to experts and scholars. This article is studying and critically reviewing some of the author's specific LEGAL opinions and thought-provoking viewpoints, while pointing to the most important features of the above-mentioned book, such as the INTERPRETATION of the verses of ordinances in order of LEGAL chapters, accurate presentation of LEGAL terms and providing a comprehensive and exclusive definition of them, exploitation of rational reasoning in analysis and implication of the ordinances, using LEGAL rules in explaining the verses, and employment of the sayings of the Imāmī and Sunnī jurists in INTERPRETATION of the verses of ordinances.

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

View 1771

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
litScript
telegram sharing button
whatsapp sharing button
linkedin sharing button
twitter sharing button
email sharing button
email sharing button
email sharing button
sharethis sharing button