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Issue Info: 
  • Year: 

    2021
  • Volume: 

    13
  • Issue: 

    26
  • Pages: 

    115-129
Measures: 
  • Citations: 

    0
  • Views: 

    285
  • Downloads: 

    0
Abstract: 

The futures contract is the contract that the customer pays for at the time of the contract but receives the (future) goods at the specified time. One of the important precepts that should be considered in the futures contract is whether the followers need to specify a specific location or not to determine the location for the position. The implication of the argument here is that if location determination is necessary in the event of non-location determination by the successors of the contract, then if the location is not a condition, it will not be valid if the location is not determined and the contract will be valid. Article 375 of the Civil Code, which refers to the issue of place of surrender, generally states: "The place of surrender shall be in the place where the marriage contract is to be held unless the custom and practice are appropriate to the place of surrender or at the same time. A special place for surrender has to be determined. " In jurisprudence about whether there is a specific place in the predetermined contract of marriage between the Shiite and Sunni jurists there are five quotes that this article describes descriptively and by arguing for acceptance or rejection based on jurisprudence and civil law. he does.

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Author(s): 

SADEGHI MOGHADAM MOHAMMAD HASSAN | MUSAPOOR MEYSAM | SOLTAN AHMADI JALAL

Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2017
  • Volume: 

    5
  • Issue: 

    2 (10)
  • Pages: 

    27-40
Measures: 
  • Citations: 

    0
  • Views: 

    1860
  • Downloads: 

    0
Abstract: 

In order to boost the capital market, finance, and absorption and accumulation of small and scattered funds, various tools and several contracts in different countries are used in different countries. In this regard, also in Islamic countries, in addition to the use of traded contracts in financial markets of America and some European countries such as futures and options contracts, new contracts were developed within the framework of Islamic criteria in addition to the traded contracts in financial markets of America and some European countries such as futures and options contracts. One of these contracts is “parallel Salaf” that has been formed to eliminate restrictions and obstacles of Salaf exchange, especially the impossibility of selling the futures goods before maturity that prevents creation of the secondary market and funds absorption.“Parallel Salaf”, as a Sstrategy to be presented in the Securities and Exchange market, has tooaken a new shape, and has been defined as “Tthe standard parallel Salaf contract” under specified and certain criteria whilst the dynamism of the stock exchange and more participation, management and hedging transactions will be carried out. By studying on investigating in Islamic Jurisprudence texts, objections and doubts can be raised about “Tthe standard parallel Salaf contract”. The novelty of this contract and the need to adapt it with Jurisprudential foundations - Ddespite the absence of Jurisprudential and legal sources - necessitates explanation of this contract and removing explanation of its ambiguities and legal objections in order to increase efficiency and synchronization with our country’s rights. In this article all objections to “The standard parallel Salaf contract” will be raised and answered.

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Author(s): 

O DOGHERTY M.J.

Issue Info: 
  • Year: 

    1996
  • Volume: 

    63
  • Issue: 

    -
  • Pages: 

    9-18
Measures: 
  • Citations: 

    1
  • Views: 

    248
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    23
  • Issue: 

    1 (TRANSACTIONS A: BASICS)
  • Pages: 

    1-10
Measures: 
  • Citations: 

    0
  • Views: 

    392
  • Downloads: 

    299
Abstract: 

The problem of steady, laminar and incompressible natural convection flow in an Octagonalenclosure was studied. In this investigation, two horizontal walls were maintained at a constant hightemperature, two vertical walls were kept at a constant low temperature and all inclined walls wereconsidered adiabatic. The enclosure was assumed to be filled with a Bousinessq fluid. The studyincludes computations for different Prandtl numbers Pr such as 0.71, 7, 20 and 50 whereas the Rayleighnumber Ra was varied from 103 to 106. The pressure-velocity form of Navier-Stokes equations andenergy equation was used to represent the mass, momentum and energy conservations of the fluidmedium in the enclosure. The governing equations and boundary conditions were converted todimentionless form and solved numerically by penalty finite element method with discretization bytriangular mesh elements. Flow and heat transfer characteristics were presented in terms of streamlines, isotherms and average Nusselt number Nu. Results showed that the effect of Ra on the convection heattransfer phenomenon inside the enclosure was significant for all values of Pr studied (0.71-50). It wasalso found that, Pr influence natural convection inside the enclosure at high Ra (Ra > 104).

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    16
  • Issue: 

    1 (41)
  • Pages: 

    33-50
Measures: 
  • Citations: 

    0
  • Views: 

    1051
  • Downloads: 

    0
Abstract: 

Salaf contract as a kind of sale in Imami fiqh and Iranian law is subject to the specific rules furthermore general rules in contracts among necessity of delivery in the contract assembly and deterrence of sale of Salaf goods before overdue. Commodity exchanges established this kind of sale, hence it is necessary to survey that rules and requirements in this markets which its delivery occur after minimum 3 days and the buyers going to sell their goods which bought by Salaf contract. The survey of juridical and legal justifications and approaches offered by authors and suggestion of abstraction idea of securities from its underlying contracts is the subject matter of this article.Indeed the issuer of securities by the authority granted by the governmental supervisor make the credital properties and the buyers and the sellers exchange this properties while forgave the underlying contracts and relations; the same role which central banks perform in monetory market.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    12
  • Issue: 

    6
  • Pages: 

    42-51
Measures: 
  • Citations: 

    0
  • Views: 

    2045
  • Downloads: 

    0
Abstract: 

The vertical wind tunnel, which has been designed for sky-diving operations, consists of an Octagonal to square diffuser. The diffuser configuration indicates that the wall angles in the diffuser are not symmetrical: the smaller and larger angles being 3.43 and 10.66 degrees, respectively. Estimation of pressure drop and study of flow separation in the diffuser is of great importance for the design of the vertical wind tunnel. In this research work, a 7.8 % model of the original diffuser has been constructed, and airflow, in both blower and suction modes, has been studied in the diffuser using electronic pressure gauges. Pressure drop in the test diffuser has been measured and compared with pressure drop in a circular to square diffuser, which is installed in the vicinity of the test diffuser. To estimate the pressure drop in the test diffuser, the larger diffuser angle from the above, namely 10.66 degrees should be used in the semi-empirical equations, and use of the equivalent diffuser angle is not recommended. In addition, study of the pressure recovery coefficient showed no significant flow separation in the tested diffuser.

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Author(s): 

Najjarian Mohammadreza

Issue Info: 
  • Year: 

    2024
  • Volume: 

    27
  • Issue: 

    55
  • Pages: 

    287-321
Measures: 
  • Citations: 

    0
  • Views: 

    1
  • Downloads: 

    0
Abstract: 

Introduction Fakhr al-Din Abu al-Fadl Hindushah ibn Sanjar ibn Abdullah Sahabi Kirani is a fascinating historical figure. He was from Kirani, a region in Nakhchivan, though the exact details of his life remain somewhat mysterious. Some scholars believe he was born around 645 AH, while his death is thought to have occurred around 730 AH. Hindushah was educated at the prestigious Al-Mustansiriyah School in Baghdad, and his family had strong ties to the ruling elite of the time. He worked as a secretary, playing a role in the courts of influential families like the Juwaynis, the Atabakan Sulghuri, and the Atabakan of Lorestan. Among his notable works are "Tajareb al-Salaf," "Mawarid al-Adab," "Sihah al-Ajam," and "Tuhfat al-Ushaq." "Tajareb al-Salaf," is a translation of "Al-Fakhri," also known as "Muniyat al-Fudala," which explores the histories of caliphs and ministers, written by Ibn Taqtaqi (660-709 AH). This translation was completed in 724 AH and includes some additions and omissions throughout. Hindushah chose to omit the first section of Ibn Taqtaqi's work, which focuses on the etiquette of kingship and governance, and instead dedicated that space to a detailed account of the life of the Prophet Muhammad (peace be upon him). The second part of the book dives into the history of the caliphs, ministers, and the conditions of that time. Here, Hindushah did not leave out any significant information, aside from some minor details, and he enriched the text with many additions, especially concerning the ministers from the Buyid and Seljuk dynasties. The book is structured in a clear way: it starts with the biography of the Prophet (peace be upon him), followed by the first government, which covers the five caliphs from Abu Bakr to Hasan ibn Ali (peace be upon him). Next, it discusses the Umayyad caliphs and then the Abbasid caliphs. It also touches on the rule of the Alawids in Egypt and the Maghreb, along with the Buyids and Seljuks. For each caliph's era, the book elaborates on the state of the ministry and provides biographies of their ministers. It wraps up with a discussion of the thirty-seventh Abbasid caliph, Al-Mustasim, and his ministers (Roghani, 1382 SH, p. 104). Methodology In order to understand the concepts of prose of " Tajareb Al-Salaf "along with its historical, political and cultural information , it is necessary to determine the position of the verse in the text  and the spiritual devotion and close connection of the contents are obvious.This study is based on the descriptive analysis method by using library research. In this way, Arabic poems are categorized according to the periods of the history of Arabic literature and are analyzed according to the preceding phrase. Discussion The poetry featured in "Tajareb al-Salaf" spans over various periods, particularly the Pre-Islamic, Meccan, and Abbasid eras, with a strong emphasis on the Abbasid period.  Among the Pre-Islamic poets, Hassan ibn Thabit mourns Umar’s death at the hands of "Abu Luluh." Umar ibn Abi Rabi'ah contrasts women's flirtation with men’s  duty to engage in jihad, using vivid similes. Mutammim ibn Nuwayrah illustrates the anxiety of revenge in his poetry, while Imam Ali (peace be upon him) reflects on the futility of worldly life. In the Abbasid period, various poets contribute to the literary landscape. Imam Ali's elegy poignantly captures his own state and that of his assassin, Ibn Muljam Muradi. Al-Farazdaq praises Suleiman ibn Abdul Malik, while Abdullah ibn Hammam mocks Marwan ibn al-Hakam after the downfall of Muawiya ibn Yazid. Ibn Sinan al-Khafaji, a Mamluk poet, expresses astonishment at contemporary events, particularly regarding 'Izz al-Din Abdul Hamid's interest in a young boy named 'Uthman. Abu al-Atahiya reflects on the fleeting nature of life during the death of the Abbasid caliph al-Mahdi, while Bashar ibn Burd comments on the murder of Ja'far ibn Yahya al-Barmaki. The blind poet "Abu Zakariya" contemplates the inevitability of death, and Marwan ibn Abi Hafsa praises Fadl ibn Yahya, the foster brother of Harun al-Rashid. Hindushah emphasizes the martyrdom of Imam Hussein (peace be upon him) as part of divine destiny, and the poems of al-Munajjim offer insights into the instability of fortune. The themes of deception and hypocrisy are prevalent, as illustrated by a line from al-Tahami reflecting Sultan Mas'ud's performative mourning. An Abbasid minister recites a poem by al-Mutanabbi during travel, while Hindushah critiques the poetry of Minister al-Mu'tafiq for its linguistic flaws. The verses of Al-Hallaj before his execution carry a mystical theme, emphasizing the drifting away from contentment due to worldly desires. Various other poets, such as Ibn Rumiyyah and Abu Faras al-Hamdani, discuss significant historical events, including the betrayal of al-Rashid and the vivid description of al-Ma'mun’s wedding ceremony. The verses of Ibn Anbari follow the account of Ibn Baqiya’s crucifixion, highlighting the complex interplay of fate and divine decree. Conclusion The examination of Arabic verses in "Tajareb al-Salaf" reveals both minor and significant differences from the original collection, with instances of incorrect poet identification. The verses serve various grammatical roles, reflecting a wealth of historical and literary information that has transitioned into Persian literature. This includes shifts in the Abbasid caliphate and the actions of both capable and incompetent ministers, alongside contributions from notable poets. Cultural, religious, and political issues are also addressed, including critiques of the Abbasid rulers and discussions on the alteration of the Quran. Themes of instability, moral lessons, and significant historical events are woven throughout the poetry. Important odes commemorate the martyrdom of Imam Ali (peace be upon him) and Imam Hussein (peace be upon him), while the analysis highlights grammatical and syntactical errors, literary criticism, and the application of poetry beyond its intended context. Overall, "Tajareb al-Salaf" serves as a crucial text for understanding the interplay of history, literature, and spirituality in Arabic poetry, offering insights into the cultural and political landscape of its time.

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Author(s): 

GODWIN R.J.

Issue Info: 
  • Year: 

    1975
  • Volume: 

    20
  • Issue: 

    4
  • Pages: 

    347-352
Measures: 
  • Citations: 

    1
  • Views: 

    211
  • Downloads: 

    0
Keywords: 
Abstract: 

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    16
  • Issue: 

    58
  • Pages: 

    90-123
Measures: 
  • Citations: 

    0
  • Views: 

    587
  • Downloads: 

    0
Abstract: 

Selling Salaf commodity before maturity is forbidden by Islam, so making a secondary market for these securities is not possible within common procedures. Hence we have to find a new way to make a secondary market for these securities. Some proposed ways are parallel Salaf, assignment through agency and Solh of Salaf commodity, all of which have shortcomings that puts the formation of secondary markets in trouble. Combination of parallel Salaf and assignment (Havaleh) seems to be the most complete proposal, yet there are still many problems with it. This study attempts to challenge them and another way that is considering securities as Circulating Rights. Circulating Rights is a matter that is considered in foreign law systems and is not compatible with Islamic Jurisprudence rules. But we can somewhat accept this rules in our system when combining them with Islamic rules.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    27
  • Pages: 

    35-63
Measures: 
  • Citations: 

    0
  • Views: 

    843
  • Downloads: 

    0
Abstract: 

In contractual relationships, the principle is to preserve and continue contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of contract" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of contract goes beyond the issue of interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the contract" and does not seek to regain the basis of the validity of the contract in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of contract has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title.

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