Results 61 to 70 of about 217 (107)

Interpretation of General Terms and Emerging Developments; A Comparative Study of Imami Jurisprudence and American Law

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2022
How do new technologies affect the way we interpret legal texts? This is, on its face, an enormous question. Technology and science are ever-expanding in a rapid pace but, legislatures are often one step behind. This fact raises an important question: How do emerging developments in science and technology affect the way we interpret legal texts?
Reza Pourmohammadi, Rahim Nobahar
openaire   +1 more source

Comparative Study of Duress in Certain Religious Penalties in Imami Jurisprudence and Islamic Penal Code

open access: yesJournal of Politics and Law, 2016
According to freedom of will, people are responsible for what they do and due to this principle, they would be punished. However, whenever human's will is distorted for some reason, punishment would be null and void. One of these reasons that can distort individual will is the principle of duress that is discussed in Imami Jurisprudence and Islamic ...
Kamalipour Ravari Elahe, Taram Meysam
openaire   +2 more sources

Case study of sexual violence against wife from the perspective of Imami jurisprudence [PDF]

open access: yesفقه و حقوق خانواده
The lack of correct criteria in determining cases of sexual violence against a woman by the husband has led to the emergence of various rulings and opinions in the cases of marital sexual violence, and from there, the laws and judicial procedure are ...
Zahra alsadat Najmabadi   +3 more
doaj   +1 more source

Reanalyzing of the "criterion" of doubt destroying the responsibility and punishment in the thought of Imamie jurisprudents

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī, 2019
Despite the controversy about the effect of doubt on the abandonment of punishment and the overwhelming acceptance of this issue in Articles 120 and 121 of the Islamic penal code, it has been argued that there is a controversial issue in the elimination of liability and punishment.The Islamic Penal Code also did not mention to this.
ehsan ailakbari   +2 more
openaire   +1 more source

Technosexuality from the Perspective of Forensic Medicine, Imamiyya Jurisprudence, and Iranian Criminal Law [PDF]

open access: yesپژوهش‌های فقهی مسائل مستحدثه
Technosexism is a general term for sexual attraction to machines, robots, and androids, and in its specific sense, robot fetishism is a sexual orientation to humanoid robots or a sexual orientation to people who act like robots.Some moralists consider ...
MOHAMMADSALEHI DARANI SAFORA   +1 more
doaj   +1 more source

Nexus Between Condition and Contract in Imami Jurisprudence: A Review of Ayatollah Abu al-Qasim Khoei's Theory [PDF]

open access: yesپژوهش‌نامه حقوق اسلامی
‌Context & Objective: Analyzing the structural relationship between šarṭ (contractual stipulation or condition) and ʿaqd (contract) represents a fundamental prerequisite for deducing the substantive legal rulings governing contractual conditions within ...
Seyyed Mohsen Soltani
doaj   +1 more source

A Reflection on the Quality of Administering the Secondary Oath by the Heir of the Right Holder: The Subject of Article 279 of the Civil Procedure Code [PDF]

open access: yesمطالعات فقه اسلامی و مبانی حقوق
According to Article 279 of the Iranian Code of Civil Procedure: “Whenever the plaintiff, in an action against a deceased, is the heir of the right holder and presents evidence to prove his claim, he must also take an oath.” Such an oath, which the ...
Sediqeh Hatami   +2 more
doaj   +1 more source

A Comparative Study of Stipulations within Contracts in Iranian Law and Imami Jurisprudence

open access: yes
Stipulations within contracts (Shurūṭ Ḍimn al-‘Aqd) constitute an essential legal mechanism through which contracting parties can regulate their mutual rights and obligations beyond the principal terms of an agreement. In legal systems influenced by Islamic law, particularly Iranian law, contractual stipulations occupy a central position due to their ...
openaire   +2 more sources

Analysis on principle of "integrity of goods" in Imamie jurisprudence and Iranian law Emphasis on rights of consumer

open access: yesمطالعات تطبیقی فقه و اصول مذاهب, 2019
One of the fundamental rights of consumers in relation to vendors of manufactured goods is the right to cancel a transaction or sue for exhibitory action, i.e. claim damages, in case the merchandise is defective. Therefore, in case the actual merchandise to be sold is not seen in a transaction (Kolli Felzammeh),and the supplied merchandise is proved to
Eghbal Ali mirzaei, ali khaledi
openaire   +1 more source

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