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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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Issue Info: 
  • Year: 

    2017
  • Volume: 

    6
  • Issue: 

    2 (12)
  • Pages: 

    193-224
Measures: 
  • Citations: 

    0
  • Views: 

    1031
  • Downloads: 

    0
Abstract: 

Adopting appropriate and efficient tools for risk management is a core element in managing a variety of risks. Insurance-Linked securities are modern financial-insurance tools which have been utilized widely by the insurers to cover risks especially catastrophe related risks and massive risks. Moreover, these securities are financial tools that occur in life insurance securitizations. Heretofore, the risk securitizations have been inside the insurance industry and the operational models for issuing such securities on oil and gas projects' risks have not been presented to the literature yet. Considering the importance of oil and gas sector and also the high diversity and variety of oil and gas projects' risks and in order to diversify the risk management tools in the hands of oil and insurance industries, this paper has tried to develop a model for issuing oil risk securities based on Simon' s theory of bounded rationality (1996). This model is consistent with conditions in Iranian oil and insurance industries and the Islamic juridical (Shari' ah) considerations for the corresponding investments.

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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: 

    2019
  • Volume: 

    16
  • Issue: 

    41
  • Pages: 

    139-162
Measures: 
  • Citations: 

    0
  • Views: 

    1430
  • Downloads: 

    0
Abstract: 

Investment contracts, including oil contracts, usually contain provisions for extending some of the obligations to the time after the termination of the contract. One of these terms is the condition of secrecy and trusteeship. In the oil contracts, the parties to the contract; during the negotiation, conclusion and execution of the contract; obtain information from the other party that has commercial value and disclosure to third parties to the detriment of the parties to the contract, it is therefore necessary to enter into a contract clause or the conclusion of a confidentiality agreement protects this valuable information. Also, after defining the subject of confidentiality, the obligations and obligations of the consignee or the person committing secrecy must be specified in two separate parts, including those that are committed, and those which are outside the scope of the secrecy obligations, in order to avoid ambiguity and future controversy. In this paper, with an analytical-descriptive look, we define the necessity of the condition of confidentiality and the usual conditions of this condition in various types of oil contracts.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2019
  • Volume: 

    48
  • Issue: 

    4
  • Pages: 

    703-722
Measures: 
  • Citations: 

    0
  • Views: 

    1375
  • Downloads: 

    0
Abstract: 

Always there has been this question in the minds of experts that whether the partnership securities (ourä ghe moshä rekat) have been able to substitute debentures in the market properly? Present legal analysis shows that partnership securities as a substitution for debentures are needed for the market. But despite fundamental differences between stocks and debentures, partnership securities are a compound of stocks and debentures. They have both the advantages of stocks and debentures without getting suffered from disadvantages of each of them. In addition, legal questions on management of the subject project of these securities as well as responsibility out of these securities for its holder has not been considered by the legislature. The mechanism considered for partnership securities although approved from the Islamic jurisprudential (fiqhi) view contains faults from the legal economy view. Therefore, such securities practically in the market, within the private sector, have not been acceptable so have not been accepted or used. As a result, partnership securities could not substitute debentures perfectly.

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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): 

JOHNSON CHARLES J.

Journal: 

ALBANY LAW REVIEW

Issue Info: 
  • Year: 

    1980
  • Volume: 

    45
  • Issue: 

    -
  • Pages: 

    890-890
Measures: 
  • Citations: 

    1
  • Views: 

    75
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Author(s): 

FARAHANIFARD S.

Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2009
  • Volume: 

    8
  • Issue: 

    33
  • Pages: 

    7-32
Measures: 
  • Citations: 

    0
  • Views: 

    2054
  • Downloads: 

    0
Abstract: 

Latest studies in Finance show that it is possible to design various instruments, with a variety of uses, with the help of the [jurisprudentially] legal contracts. One of those financial instruments is the Salaf bonds designed on the basis of the Salaf contract: This instrument has the ability to fill-in the deficit in the government's budget, provide for the financial needs of the firms, become an appropriate instrument for risk coverage and be used as an instrument of monetary management by the Central Banks.In this article it has been strived that, through a descriptive-analytical approach and utilizing the experiences of other Islamic countries, a feasible model of these financial papers in line with the Imamia jurisprudence and the laws and rules of the capital market be presented. The current study shows that the primary market transactions of Salaf bonds are absolutely valid. However the secondary market transactions though can be amended and validated based on the Islamic laws and general principles governing the contracts, according to the view popular among the jurists, have some flaws and faults. To get rid of these flaws, techniques have been recommended.

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Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2019
  • Volume: 

    19
  • Issue: 

    74
  • Pages: 

    211-239
Measures: 
  • Citations: 

    0
  • Views: 

    662
  • Downloads: 

    0
Abstract: 

Salam oil securities are very similar to Asset-backed securities and the process of issuing Salam oil securities is similar to securitization in its special meaning. Nevertheless, this matter that Salam oil securities are a kind of Asset-backed securities and the process of their issuing is a kind of securitization, is a question that have to be studied to reach a correct answer. In this study we are trying to compare Salam oil securities with Asset backed securities in some aspects such as their history, their process of issuing, their Risk management and their benefits Using "Mokhtar" research method. In this paper we have studied the question. The results show that Salam oil securities are exactly a kind of Asset Backed securities and the process of issuing Salam oil securities is a kind of Securitization. All benefits of Securitization is imaginable for issuing Salam oil securities. we can call Salam oil securities as "Islamic Asset Backed securities" and the process of issuing as "Islamic Securitization".

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    1
  • Issue: 

    1 (1)
  • Pages: 

    117-150
Measures: 
  • Citations: 

    0
  • Views: 

    1521
  • Downloads: 

    0
Abstract: 

One of the most common methods of financing to which banks repeatedly resort nowadays is, in addition to planning different kinds of bank deposits, to distribute securities supported by bank facilities. The application of such tools is highly experienced in the current banking. In fact, enjoying such instruments, banks have the intention to renew their resources in their attempt to enhance their power of granting credit facilities. However, such tools are not highly common in Islamic banks, including the ones across Iran.After the law of stock market was ratified in 1384 and 1388, legal grounds necessary to plan and distribute different kinds of new securities were provided. Now Iranian banks are also able to finance through capital market with the help of planning and distribution of new financial tools, especially via changing of bestowed facilities into securities.The present study is seeking to introduce such tools in three sections. In the first section, taking a glance look at the history of changing bank assets into securities in conventional banking and Islamic banks, the research will clarify the goals, performance and pathology of changing bank assets into securities. The second section deals with designing suitable financial instruments for the changing of bank assets into securities in Iran banking system. It will also be explained that such tools should have the following characteristics: first, they should be acceptable by jurisprudential standpoint; second, they should be consistent with monetary and financial laws and rules of Iran; third, regarding the role of such tools in the occurrence of current financial crisis, they should not be crisis-making. In the last section, the study will try to examine possible risks of the designed instruments and the ways to manage them.

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