Search Results/Filters    

Filters

Year

Banks


Expert Group




Full-Text


Author(s): 

Hassanzadeh Hossein

Issue Info: 
  • Year: 

    2020
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    54-74
Measures: 
  • Citations: 

    0
  • Views: 

    579
  • Downloads: 

    0
Abstract: 

Subjectology is one of fundamental issues in jurisprudential inferences and one of the main concerns of the jurist is the accurate knowledge of jurisprudential subjects. Some jurists also stated that 50 percent of the jurist's job is knowing the subjects. The question is whether information management methods can be used to identify new jurisprudential subjects. The purpose of this study is to prove that the ontology method, one of the new methods of knowledge studies, can assist jurists in the identification of jurisprudential subjects. To achieve this goal, it has been proven through a descriptive and analytical method that one of the ways to identify jurisprudential subjects is to promote the secondary issues of one subject on the one hand and on the other hand, to discover the type of its actual and ontological relationships with different jurisprudential subjects and because of its nature and texture, the ontology provides such a context. Therefore, it will enable jurists to identify the jurisprudential subjects better.

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

View 579

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
Journal: 

Medical Law

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    58
  • Pages: 

    325-341
Measures: 
  • Citations: 

    0
  • Views: 

    109
  • Downloads: 

    6
Abstract: 

Background and Aim: Since the first fatwa on the permission to reassign the sex of transsexuals, the legislator still has not had a clear approach regarding the situation of transsexuals. The "family protection act" considered sex reassignment surgery as the criteria to identify transsexuals. However, the "protection of children and juveniles act" considered sexual identity disorder as the criteria. Nonetheless, it seems those insufficient and inefficient approaches are caused by the lack of efficient theorizing. On the one hand, efficient theorizing depends on correct thematic analysis and on the other hand, the correctness of the thematic analysis depends on finding valid references and making accurate criteria for identifying the issue. Therefore, the first step in theorizing and passing this legal challenge is the thematic evaluation of the gender of transsexuals. Methods: The research method is descriptive-analytical and data collection has been done in a library. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Results: The criterion of Muslim scholars of Islamic jurisprudence for gender Subjectology has been the apparent gender (especially sex organs) and the reference for gender identification has been considered common sense. On the contrary, the new approach emphasizes gender identity and the opinion of gender experts for identifying transsexuals' gender. Conclusion: The criterion of gender identity, in addition to being efficient in identifying transsexuals and separating them from other similar conditions, is free of abstractions due to specialized accuracy and therefore can help the legislator in solving legal gaps and adopting a clear approach in identifying transsexuals. From the point of view of jurisprudence, it is possible to accept this approach by using the capacities of dynamic jurisprudence and pass dogmatism and static thematic. Please cite this article as: Ghadiri M, Roshan M, SaeedArab HR. Jurisprudence and Legal Discourse About Subjectology of Transsexual’s Gender. Medical Law Journal. 2023; 17(58): e23.

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

View 109

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 6 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
Author(s): 

Fakhar Shakeri Morteza | Fakhlaei Mohammad Taghi | Ghabooli Dor Afshan Seyed Mohammad Taghi

Journal: 

FIQH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    30
  • Issue: 

    4
  • Pages: 

    87-120
Measures: 
  • Citations: 

    0
  • Views: 

    46
  • Downloads: 

    6
Abstract: 

The difference in the views of the jurists in recognizing the religious ruling is one of the most important areas of disagreement. This diversity of theories has emerged in the recognizing jurisprudential subjects in different positions, including the issue of absence. The viewpoints of the jurists through some brokerage analysis, adoption of foundations in the evaluation of textual documents and differences in role identification and custom arbitration, as well as accepting or not accepting the position of verbal viewpoints, have led to not reaching a precise definition of the subject and, in the next stage, to a disagreement in deriving the religious ruling. Based on the descriptive, analytical and exploratory method, this article has analyzed the arguments for the difference of the jurists’ viewpoints on absence. The finding suggests that the field of Subjectology or the ruling does not have a desirable achievement and the role of some jurists must be rethought, and in this regard, the correct identification of the criteria for understanding the subject is effective in reducing the disagreements and achieving the same results.

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

View 46

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 6 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): 

Bayat Hojatollah

Journal: 

FIQH

Issue Info: 
  • Year: 

    2023
  • Volume: 

    30
  • Issue: 

    4
  • Pages: 

    183-211
Measures: 
  • Citations: 

    0
  • Views: 

    45
  • Downloads: 

    4
Abstract: 

The possibility of sciences interacting and exploiting each other is one of the topics of the philosophy of science, and jurisprudence is no exception to this rule. Therefore, jurisprudence also requires the use of other sciences in different fields, especially in knowing the subjects of jurisprudential rulings, which has a wide scope. However, this article only deals with the mechanism of jurisprudence's use of intellectual and narrative sciences in knowing customary subjects and according to the necessary stages in knowing the subjects of jurisprudence, in each of these stages, it has dealt with the sciences and how to use them. The result suggests that jurisprudence can be used in the stage of identifying the type of the subjects, in terms of whether or not it is prescribed by Usul, in terms of the Shariah using some sciences such as tafsir and hadith, in the stage of distinguishing the subjects from tafsir, hadith and history, and in the stage of distinguishing the concept and nature of subjects from intellectual sciences such as logic and narrative sciences such as tafsir, hadith as well as sciences such as statistics and new technologies.

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

View 45

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 4 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): 

Gholbaghi Masuleh Sayyed Ali Jabbar | SOLTANI ABBAS ALI | FAKHLAEI MOHAMMAD TAGHI

Journal: 

Issue Info: 
  • Year: 

    2019
  • Volume: 

    51
  • Issue: 

    1 (116)
  • Pages: 

    135-157
Measures: 
  • Citations: 

    0
  • Views: 

    295
  • Downloads: 

    0
Abstract: 

According to the Shiite jurisprudence literature, non-suspension of contracts and unilateral legal acts is among the general rules of contracts jurisprudence and has been criticized by Shiite jurists in the last two centuries. The following are the main issues dealt with in this paper: historical background of non-suspension rule, its formation over time and its conversion into a general rule, introduction of the Shiite jurists who have contributed to this conversion, identification of the fields and trends of criticizing this rule, and given Sahib Orvah's special place in the criticism field and in offering particular jurisprudence opinions, discovering his role in criticizing the famous opinion and promoting a new one. The purpose of this paper is to clarify the above said issues through a historical and with a person-centered approach in order to introduce a part of Shiite jurisprudence history in the general rules of contracts jurisprudence area. Therefore, the present paper begins with Subjectology of nonsuspension rule in the Shiite jurisprudence literature from Mohaghegh Yazdi’ s viewpoint and after trying to find out the background of this rule in the Shiite jurisprudence, explains Sahib Orvah’ s opinion, its bases and his critique of the famous opinion.

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

View 295

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
Title: 
Journal: 

Issue Info: 
  • Year: 

    2022
  • Volume: 

    54
  • Issue: 

    1
  • Pages: 

    29-46
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Abstract: 

Optional duress, as one of the most widely used types of duress, is divided into three kinds: duress over comprehensive, substitute duress and duress over indeterminate example. The present study, with its Subjectology, seeks to evaluate the applicability of the concept of duress to different kinds of optional duress. According to the findings of this research, in case of duress over comprehensive if the subject matter of duress is comprehensive of valid, duress is extended from comprehensive to the example, but if the subject matter of duress is comprehensive of valid and invalid, duress does not affect the elimination of individual effects. Substitute duress is examined in three parts: in the first part where substitute duress is over vertical examples and is specific to independent precepts and its subject matter is two or more alternative examples, there are generally three theories the correct one is that the concept of duress does not apply to the example; in the second part i.e. substitute duress over horizontal examples, there are two theories the correct of which is that the concept of duress does not apply to the first example and only applies to the second and there is no difference between the imperative and positive rules; in the third part where the subject matter of duress is leaving an element or proviso of obligation, under Usuli rules, the principle of obligation fails. In duress over indeterminate example, the correct opinion is that such kind of duress is unreasonable in terms of reality.

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

View 17

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: 

    2019
  • Volume: 

    7
  • Issue: 

    2
  • Pages: 

    267-279
Measures: 
  • Citations: 

    0
  • Views: 

    689
  • Downloads: 

    0
Abstract: 

Despite the increasing development of genetic engineering technology and the use of its products (transgenic products) around the world, in some areas, including Iran, the production of transgenic products continues to be challenged. Despite the scholarly explanations of the problem by the experts and the issuance of a solid fatwa by the high Shiite jurisprudents, the void that is clearly seen is the lack of precise explanation of the jurisprudential ruling on the production of these products on the basis of religious evidence. However, due to the central role of Sharia in determining the laws of society, this issue is of particular importance. Therefore, the present research with a descriptive-analytic approach is an attempt to study the jurisprudential ruling on the production of transgenic products based on Imamieh jurisprudence. In this regard, due to the necessity of Subjectology, first, experts' viewpoints regarding the transboundary issue were examined and then the jurisprudential section and the jurisprudence of the subject were distinguished. The findings indicate that the health of these products is accepted globally and it is certain that its rejection in some societies, including the Iranian circles, is not based on scientific evidence. Because its certainty has not been proven in the department of jurisprudence, given the lack of valid reason for transgenic humor, its initial verdict is Permission. Nevertheless, given the climate in Iran and the challenges, the use of biotechnology and the production of genetically modified organisms to prevent the domination of foreigners and importations is imperative to be obligatory from the introduction of the obligatory.

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

View 689

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: 

    13
  • Issue: 

    2 (26)
  • Pages: 

    19-48
Measures: 
  • Citations: 

    0
  • Views: 

    568
  • Downloads: 

    0
Abstract: 

Imam Sadegh University is one of the academic centers of the country with the mission of scientific authority in compiling and producing Islamic humanities. One of the active colleges in this university is the faculty of Islamic Studies and Management, which by reviewing the theses, it can be found out that based on the expectations arising from the needs of the Islamic community, and a wide range of Islamic management research has been conducted in the form of master’ s theses. And according to different disposition and approaches in this field, different methodologies have been used. By studying these theses, one can get a clear picture of the existing trends and avoid re-working in the field using former experiences and followed paths. Thus, the purpose of this study was to study and identify trends in Islamic management theses in the faculty of Islamic Studies and Management in Imam Sadegh University. For this purpose, in the initial screening of the theses that were defended from the establishment of the faculty until September 2015, they were evaluated on the basis of five indicators of being Islamic and all in all 147 theses were reviewed. By reviewing the literature and expert opinions, the methodological axioms, the reference sources used in the research, research approachlogy and Subjectology used as the main axes in examining trends and comparing researches were selected and theses were studied and analyzed. The results show that in Islamic methodologies the most used approach is jurisprudence research and the least approach is Sira studies. Furthermore, among the three main approaches to the production of science, it has devoted the most research to refinement and completing research.

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

View 568

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: 

    13
  • Issue: 

    2 (26)
  • Pages: 

    40-71
Measures: 
  • Citations: 

    0
  • Views: 

    144
  • Downloads: 

    0
Abstract: 

The main issue in the article is the essence of government jurisprudence and the study of “ main tools for understanding religious propositions in government jurisprudence” . According to the theory of systemic attitudes toward religion in this epistemic system, “ ijtihad” is the “ discovery of al-Hakam al-Maderka” and “ the verdict” , namely: "Al-'Aṭ ṭ ī r al-Shā 'ī al-Metā qlā bā fā al-alā bā d". The claim of the civilization of Islam has led to an attempt to derive the viewpoint of Islam on a collective scale, with the approach of extracting “ processes” to be taken seriously into account. The necessity of being “ true” to refer to religion has let to the methodology of such an attempt. And the result is the adoption of strategies 1-The religioncenteredness of information resources 2-Strategic religion 3-Network’ s view to the universe 4. The paradigm-centeredness based on the network paradigm of religion 5. Subjectology and problemology in all layers of the pyramid needs 6. Determining the boundaries of the system based on the network of the purposes of religion 7. The Logic of Jewel Ijtehad 8. The Development of the Identity of the “ Judgment” 9. The Development of the Identity of the Situation 10. The Logic of recreational (Taf’ ree’ i) Jurisprudence in matching 11. The Use of the Logic of the Systems in broking, at the following operational stages: 1. Production of networks of issues and subjects of life 2. Production of system-based processes 3. Production of Keywords Matrix 4. Analysis of propositions 5. Translation of the proposition of religion into the language of the scientific hypothesis 6. Positioning the hypothesis in the pattern of progress and civilization map.

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 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: 

    2021
  • Volume: 

    18
  • Issue: 

    21
  • Pages: 

    305-328
Measures: 
  • Citations: 

    0
  • Views: 

    225
  • Downloads: 

    0
Abstract: 

The essentials of knowledge of subject matter (Subjectology) and Islamic law require the independence of each article and its independent is when the subject matter is to be single and the ruling (Islamic law-hukm) is peculiar to it. While the detachment of a bone and the fracture of a bone are counted two separate concepts the equivalence in ruling and their equality based on Article 572 of Islamic Penal Code are arguable. From this point there is ambiguity in this article and it has been critically studied by the scholars. This note with descriptive-analytic method responses this question if fracture (the cracking or breaking) is a general concept which is among the other common concepts as its instances and a title refers to them or fracture (the cracking or breaking) besides instances related to it, all are different from one another and all instances are for a general concept that there is no relation to fracture because fracture is counted one of its instances of the general concept. It should be also investigated from the requirements of ruling if there is the equivalence in ruling and diyya (Arabic: دیة; blood money that has to be paid for homicide and bodily injury when there is no retaliation) also includes the detachment (separation) or there in no ruling equivalence and the detachment include arsh (Arabic: ارش; the compensation specified to be paid by the offender to the victim or his heirs) with considering that there is a substantive difference between the detachment of a small piece of a bone and the fracture of bone itself, it is logical that they should not have an equal legal ruling (hukm) and it is of the requirements of lawmaking and legislation if the concept is not of the “ foundationary” (ta’ sisi) and legal-Islamic law-concepts with applying the intellect (reasoning) methods to define it and because “ fracture” is of the customary concepts, the conceptual formation of it has been presented.

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

View 225

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