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Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2017
  • Volume: 

    17
  • Issue: 

    66
  • Pages: 

    47-75
Measures: 
  • Citations: 

    0
  • Views: 

    1329
  • Downloads: 

    0
Abstract: 

Without an unanimous concept in economic corruption that involves examples to measure and observe the status quo, any try to resolving it will be unfruitful. To reach this, any conceptualization should be done under intellectual and value systems. In this research, with a review of current definitions in economic corruption, it was cleared that most of these definitions in traditional economics, because of being affected from capitalist foundations, have been subjected to public section and have several insufficiencies. Based on this and with regard to institutional economics' approach, the best method for explaining the concept of corruption in any society is the use of norms and institutional and conventional values of that society. Regarding this and referring to institutional religion as a representative of cultural-conventional values in society, shows that in Shiite tradition, UNLAWFUL ((HARAM)) BUSINESSES, because of its’ place in formal and informal institutions, is the most accurate and deepest conceptual equivalent for economic corruption from the viewpoint of Islam. An index was also designed with attention to some of most important examples that was measured in Radavi shrine surrounding structure. Results show that more than half of the economic activities of that part are alluded with corruption.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    1 (7)
  • Pages: 

    263-288
Measures: 
  • Citations: 

    0
  • Views: 

    532
  • Downloads: 

    0
Abstract: 

Consciously or unconsciously, Shi’ ite, Mo’ tazila, and ‘ Ashari commentators have consistently been affected by their own Kalami presumption during the exegetic history of the Noble Quran. One of the issues in this regard is the possibility or impossibility of (HARAM) aliment. In order to investigate this exegetic subject, first historical origins on how it entered the Quranic exegesis should be illuminated through historical study. Then, we should achieve a new and valid understanding of this term using linguistic devices such as etymology and semantics. The study of the history of Islam indicates that UNLAWFUL withholding of Muslims’ property especially public aliment by Othman ibn Affan is one of the most important causes which led to his killing. In the 2nd century A. H., this issue turned to a serious Kalami argument between Shi’ ite and ‘ Ash’ ari denominations. In that historical period, it has been attempted to justify the UNLAWFUL withholding of Muslim’ s property by the third Caliph using justification such as justice of Sahabe (companions), determinism, and references to the Quran. The etymological and semantic study of the term “ aliment” shows that none of the exegetic and terminological books have surveyed the origin of this term because they were affected by the above mentioned serious argument. The etymology of “ aliment” reveals that benevolence and mercy are key concepts in this term. The semantic investigation of “ aliment” shows that this term in the Noble Quran means giving gift and it cannot be applied for (HARAM) property. Using this method, represents new and valid evidence from the Noble Quran rejecting the possibility of (HARAM) aliment.

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Author(s): 

RIAZI SEYYED ABOLHASSAN

Issue Info: 
  • Year: 

    2012
  • Volume: 

    4
  • Issue: 

    3 (15)
  • Pages: 

    61-87
Measures: 
  • Citations: 

    0
  • Views: 

    1211
  • Downloads: 

    0
Abstract: 

Religious places are always considered as important by believers. It is due to people’s faithful belief as well as specific spatial, meaningful structure; signs; and symbols which are in such places. In a non-religious viewpoint, the spatial analysis of these places indicates how the followers of the religion interact with these places. Therefore, it is possible to find common parameters in religious places such as: glorious structures, high ceilings, culmination of human art in every aspect, special practices in these places. The importance of these places is so much that the continuation of the religions was impossible without them in the history. Thus, spatial analysis of these special places will contribute to a two-dimensional understanding of the place (space) and human. Grand mosque-as the only Kiblah for Muslims and the most important structure in the Islamic world-has similarities and differences in comparison with other important religious structures. Among the considerable differences are its simplicity and avoidance of any art boasting and human creativity. Spatial analysis of the mosque indicates somehow the abstract of the Islamic Worldview about God, mankind, universe, life, death, and complicated relations between such concepts and basic words of human life.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    11
  • Issue: 

    4
  • Pages: 

    251-256
Measures: 
  • Citations: 

    0
  • Views: 

    26
  • Downloads: 

    9
Abstract: 

Civil liability has two branches as the contractual and non-contractual liability. If there is a contract between two or more parties and one of them commits a breach of contract (non-performance, delay in fulfilling the obligation) and the other party suffers damage, the contract’s violator has a contractual responsibility and should bear the damage. In some cases, where an individual inflicts damage on another without a contract between them, or if there is a contract, the loss is not related to the contract, there is talk of non-contractual liability. Civil liability in the law of obligations is a title to express the legal obligation to compensate for UNLAWFUL damages, whether it is a contract’s breach or a violation of the public duty of non-damages otherwise, civil liability has two significant branches from the contract. The purpose of liability is to compensate for unjust loss, which it is a loss argued in the theoretical foundations of liability, and its criteria are based on liability. Compensation for UNLAWFUL loss depends on the existence on conditions, among which is the condition of “predictability of loss” and mentioned in both contractual and coercive liability (non-contractual obligations).

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Author(s): 

VARVAEI A.

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2005
  • Volume: 

    -
  • Issue: 

    66
  • Pages: 

    311-326
Measures: 
  • Citations: 

    0
  • Views: 

    11190
  • Downloads: 

    0
Keywords: 
Abstract: 

According to the law passed in 1929, the offense of UNLAWFUL transfer of other peoples property is considered as a special type of the offense of fraud. In this offense as in the offense of fraud, the perpetrator transfers other peoples property to the third person with trickery and deception. While he, at the moment of transference, realizes that the property does not belong to him and is not authorized by the owner as well. But, he refuses to tell the truth. Of course, it should also be observed that according to this law, in the event that the transference, at the moment of transference, is aware of the fact, but remains silent, he would also have found guilty.It is noteworthy that in conformity with the above-mentioned law, under special conditions, the real owner of the property may also be counted as the accomplice.

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Author(s): 

Molavi Vardanjani Said

Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    1
  • Pages: 

    175-203
Measures: 
  • Citations: 

    0
  • Views: 

    60
  • Downloads: 

    16
Abstract: 

Assimilating oneself to the infidels, i.e. conforming oneself to a Non-Muslim is totally abominable and there is almost no disagreement in this regard. However, there is no agreement about the situation of the matter in terms of obligatory judgment as well as its generality, specifically about the intension and the knowledge of the assimilated person. And despite the necessity of reporting the disagreements between the Sunni and Shi'ite jurists and their judgments to determine the duties of Islamic Governments when trading with Non-Muslim governments, there is no comprehensive and detailed comparative compiled written text. Accordingly, the author intends to fill in the gap through describing and evaluating different Fatwas of different jurists and to criticize the dominant theory among the Sunnis and believes that assimilating oneself to Non-Muslims in terms of their behaviors and specific beliefs, provided that they are proven to be proprietary, is UNLAWFUL only with the aim of promotion of infidelity and undermining Islam and they are not forbidden by themselves. It should be also mentioned that instances of assimilation are not worship-related and are submissive to the customary opinion and consequently depends upon time and place.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    3
  • Pages: 

    709-724
Measures: 
  • Citations: 

    0
  • Views: 

    59
  • Downloads: 

    8
Abstract: 

This research reviews the ruling of devotional halt at land of Mash'ar-ul-Harâm after the midnight of 'Eid-ul-Adha until before the dawn. An inquiry into the words of scholars indicates this ruling is controversial among jurists. The words of most of the jurists indicate that staying (mabit) at Mash'ar-ul-Harâm is obligatory. However, in the view of a number of late and contemporary scholars, staying until before down at Mash'ar-ul-Harâm is not obligatory. Some others decreed that pilgrims should be precocious about it. In order to prove the obligation of staying at Mash'ar-ul-Harâm the authors have cited to the practice of the Holy Prophet (PBUH) and the Infallible Imams (AS) as well as the traditions that allow women’s moving to Mina in advance. However, in the view of those who believe it is not obligatory, the evidences of the jurists is not sufficient to prove the obligation of staying at Mash'ar-ul-Harâm at this period of time, because the Holy Prophet (PBUH)’s Practice (Sirah) by itself does not indicate its obligation. The permission of moving toward Mina in advance can also be a reason for facilitating the performing of rituals for those who have difficulties, without indicating the obligation of staying at night for the whole pilgrims. The research have used a documentary and library method. The results of the study show that the available evidences do not support the theory of the obligation of staying (mabit) at Mash'ar-ul-Harâm and the words of those who believe it is not obligatory is more nearer to the correct ruling.

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Author(s): 

ROSTAMI HADI

Issue Info: 
  • Year: 

    2020
  • Volume: 

    49
  • Issue: 

    2
  • Pages: 

    397-417
Measures: 
  • Citations: 

    0
  • Views: 

    6131
  • Downloads: 

    0
Abstract: 

Obtainment of property through UNLAWFUL means, which was criminalized in the Article 2 of the Act of Increasing the Severity of Punishment for Bribery, Embezzlement and Fraud in 1988, is again provided in the Anti-Money Laundering Amendment Act 2019. This Act, does not contravene the provisions of the above-mentioned Act, each of which is applicable in a particular situation. UNLAWFUL obtainment of property in the first Act can only be committed by persons with special privileges. Article 2 of the Anti-Money Laundering Act also applies where there is a "suspicion close to certainty" for UNLAWFUL obtainment and the legitimacy of the obtainment is not established as a criterion. In this case, the suspicion is reinforced that the property is most likely obtained through a criminal behavior, but the type of the criminal behavior is not specified for the judge. If it is proven that the property is obtained through a specific crime, the acquisition of such property is considered as money laundering and is not subject to the aforementioned provision. Charges of UNLAWFUL obtainment will not be admissible if it is established that the obtainment of property is not the result of a crime but the outcome of a civil violation. The provisions of Anti-Money Laundering Act include property which the source of its obtainment is in serious doubt. In this case, it is assumed that the money is obtained through the commission of a crime.

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Author(s): 

SHIRDEL M.

Journal: 

Social Welfare

Issue Info: 
  • Year: 

    2006
  • Volume: 

    6
  • Issue: 

    22
  • Pages: 

    133-148
Measures: 
  • Citations: 

    0
  • Views: 

    13790
  • Downloads: 

    0
Abstract: 

Objective: Married life like other matters and phenomenon has its own special damages and problems; too that one of this main damage of married life is sexual UNLAWFUL relation ship. Among this, the subject that draws researchers' attention is what factors cause the tendency of married men and women to UNLAWFUL sexual relationship?Method: This research is kind of measurmental or planning studying that the researcher pays in it to sociology and psychology features about what people think and do about UNLAWFUL relation ship and the relation ship between mental and social changeable.Finding & Result: Finding represents this subject that the factors of sexual unsatis faction in married relation ship, feeling of revenge about unfaithful ness of wife and in like of various are effective in tendency of married men and women to sexual UNLAWFUL relation ship.The results in this research showed that the tendency of UNLAWFUL relation ship between men is more than women and it is the main factor in their tendency to UNLAWFUL relation ship, motivation of sexual tensions, unsatisfaction of moral relation ship inability in solving married encroachment.

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Author(s): 

Kamel Nawab Hamid Reza

Journal: 

Issue Info: 
  • Year: 

    2022
  • Volume: 

    53
  • Issue: 

    4
  • Pages: 

    170-151
Measures: 
  • Citations: 

    0
  • Views: 

    31
  • Downloads: 

    0
Abstract: 

Since the Holy Shari'a has highly respected the honor of individuals, it has also made various rulings to support it. One of these rulings is the UNLAWFULness of backbiting. The issue of hearing backbiting is one of the issues that, although it has been raised for a long time, has been less addressed. Some scholars have cited a number of rational and narrative arguments to prove the UNLAWFULness of listening to backbiting. According to the author's findings, none of these evidences, even the most up-to-date ones, cannot prove the UNLAWFULness of listening to backbiting. This article includes jurisprudential innovations in various ways, the most important of which is reliance on a rational reason to prove the impossibility of the UNLAWFULness of listening in backbiting. Of course, that listening to backbiting is not UNLAWFUL means that listening to backbiting is not forbidden just because it is listening to backbiting, and this does not contradict the fact that listening to backbiting is forbidden due to the correspondence of other titles on it.

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