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Showing 7 results for Islamic Jurisprudence

اصغر مولائی, Amin Amini,
Volume 4, Issue 4 (12-2022)
Abstract

The importance of water has always been emphasized by the religion of Islam. The correct use of this existential element has been emphasized in several verses and hadiths. Given that the issue of water is the cause of many national and transnational conflicts today، so the issue of water management، especially in countries such as Iran، which are facing water stress، seems very necessary. The present study intends to explain the principles of jurisprudence and ethics in the plans and development plans related to water management. This paper intends to answer the following question: "what principles of jurisprudence and ethics would be considered in development plans and projects related to water management?" This research is a fundamental and developmental in terms of purpose and used descriptive-analytic method. Also، in order to collect data، the method of documentary-library studies is used. The research findings are first inferred by qualitative content analysis method and then using logical reasoning method. The results of the research show that if the principles and rules of Islamic jurisprudence and ethics are considered in the programs and laws related to water management in the country، many harms and challenges in the water sector can be overcome. This requires the development of a comprehensive plan with special considerations of jurisprudence and Islamic ethics related to water management and، of course، its strict implementation.
Kasra Ketabollahi, Morteza Mirgholami, Milad Doostvandi,
Volume 5, Issue 2 (3-2023)
Abstract

Introduction
The review of urban development plans in Iran in the horizon indicates that a large part of the proposals and estimates in the horizon of this plan have not been realized. One of the main reasons for the ineffectiveness of these plans is the way they face the property rights. A right that is recognized in the country of Iran and based on Islamic law and Sharia; Therefore, it is necessary to examine this topic from the perspective of Islamic thought. Among the emerging ideas in the field of urban planning in the west is the transfer of development right (TDR) approach.
This idea was proposed for the first time in order to preserve cultural heritage in America. But is this approach, which is used in urban plans in recent decades in Iran, is expanding and has its roots in Western thought, can it be the answer of Iranian Islamic society? Therefore, in this research, the main goals are, 1. Obtaining the framework of the concepts of rights and the transfer of property development based on religious texts, jurisprudential principles and documentary sources.
2. Adapting and reviewing the legal status of owners in the TDR approach is from the perspective of Islamic thought. In this research, while examining the three dimensions, jurisprudence, ethics and law in the approach of transfer of development rights and the compliance of laws related to urban development plans with Islamic jurisprudence and the approach of transfer of development rights, it is tried to make suggestions to benefit from the jurisprudence/ethical rule based To be presented on Islamic thought in urban development plans.
Methodology
This research is applied and developmental in terms of purpose and analytical-descriptive in nature. This research is carried out in two stages, first by using documentary studies and existing information resulting from the implementation experiences of urban plans, the legal status of ownership and transfer of the right to development is examined, and in the next stage through studies of religious texts and Shariathe framework of property rights in the religion of Islam is explored.
So, the right of ownership in Islam and Islamic thought, focusing on the principle of subordination, is examined in comparison with the right to transfer ownership in the TDR approach, and suggestions are made for the integration of legal structures and the Islamic system in the field of ownership in order to increase the realization of projects. Urban development is provided.
Result and discussion
The transfer of development rights (TDR) approach was first considered in New York City and in the United States, the possibility of moving and the right to transfer a license plate to the adjacent license plate in the Zoning Law of 1916a. Based on this plan, the owners were given permission to sell their vertical development right to adjacent land plates, and the parts receiving this right would have the possibility of violating the construction height limit and setback requirements. Various issues are involved in the TDR approach, such as development right, development value, and service recipient and service provider areas.
By using the development right transfer approach, the owners of sensitive natural lands, farms, as well as historical and important areas can receive their losses through the sale of their transferable development TDR and voluntarily develop their property in the future.
Regarding the jurisprudential aspect of the transfer of development rights, according to the perspective of personal partial dispossession in Islam, people are free to own their property, but according to the interests of the society, some of these rights are deprived by law and government. Regarding the next aspect of citizenship rights, citizenship and ownership, which are considered among new concepts in the West today and are trying to achieve the rights of owners and citizens, are explicitly mentioned in Islam.
Regarding the moral aspect, Imam Khomeini mentioned that man is the essence of all beings and the essence of the whole world. The mission of the prophets is to actualize this potential extract. The effort of all prophets is to create social and inner justice in humans. Justice is the direct path of human progress to divine perfection. In practice, the limits of ownership and the amount of consumption should be based on right and justice and in the direction of maximum productivity and growth and ensuring social justice.
In Iran, the renovation and improvement of dilapidated urban structures as a problem with different social, economic, legal and technical dimensions has been included in the programs of the government and municipalities since the early 1980s. At the same time as drawing attention to this category on a national scale and in the form of by-laws and laws, Tehran Municipality has also started planning and intervening in these fields since 2013.
The actions of the Tehran City Renewal Organization show that at the beginning in 2012 with the construction plan of the eastern highway edge which was a program based on acquisition, demolition and reconstruction, in the years 2018 and 2019 in the form of setting up facilitation offices and based on Social actions crystallized. Previously, experiences in the field of intervention in urban contexts, especially worn-out contexts, were carried out with the approach of improving physical and functional conditions and without paying attention to other aspects of the issue.
This is despite the fact that the basis of the concept of citizenship rights in the Islamic city is the people. In fact, the role of people in all areas of urban development plans should be considered. The plan must satisfy the people involved in the plan, and one of the most important examples of this is the way of bringing together the owners in connection with the occupation of lands and properties in order to achieve the goals of collective development. It is obvious that a process that starts with the creation of dissatisfaction among the beneficiaries of the project is not based on the principles of Islam and jurisprudence.
Conclusion
Islam is the religion of justice, equality and right orientation, and by relying on Islamic jurisprudence, important rules can be extracted and explained in the field of urban issues. The rules of submissiveness, harmlessness and expediency are among the most important jurisprudential principles that must be observed in Islamic urban planning in Iran in order to maintain and control the family foundation, stability of ownership, and respect for citizens. Also, the main condition for validating urban development plans is their compatibility with the approved laws of the country.
Most of the specialized laws approved in the field of urban development and construction, including the Law of Municipalities (1960), the Civil and Urban Renovation Law (1968), etc., are related to the Pahlavi era, and these laws have not been corrected or updated over time. It is possible to achieve this goal in the form of adding notes to the articles of the previous laws, or canceling the previous laws and approving new laws. Islam is the religion of justice, equality and peaceful coexistence.
If the above laws are revised in accordance with the jurisprudential-ethical principles of the Islamic religion and the patterns considered for acquisition have the least amount of intervention and also the full satisfaction of the owners whose property is placed in the path of development plans, It is possible to observe the fulfillment of Islamic rules in the cities. Therefore, the following comprehensive suggestions are presented in order to achieve this goal.
- Avoid urban development plans that only exist with an economic and material view of land, buildings, and people's livelihood.
- Avoid large-scale decision-making and interventions.
- It is necessary to review and update the laws related to construction and development in line with the speed of development and complexity in cities. Including in the applicable laws that were approved before the Islamic Revolution era.
- Based on moral jurisprudence rules, a set of rights should be included in the laws and decisions should be made based on them, such as ownership citizenship rights, business and profession rights, water and flower rights, agricultural right.

Volume 8, Issue 3 (10-2004)
Abstract

Mohmoud Sadeghi Assistant Professor of Law, Tarbiat Modarres University  After a description of human cloning, and a review of various divine religious authorities point of views (Christian, Jewish and Islamic) and a report of legal attitudes and global policies on human cloning, both reproductive and therapeutic, we shall discuss this matter according to the Islamic, especially Shiat jurisprudence. As a general result of this research, human reproductive cloning, if could not intrinsically be prohibited, it seems unjustifiable because of its various bad consequences, such as disorder of family system, confusion of clones family relations, possibility of body and mental diseases for clones and suffers of egg donors women and surrogate mothers, regarding to a number of Islamic jurisprudence rules, such as rule of self preservation and necessity respect for human beings and the leading rule of “la zarar” (ban of causing harm to oneself and other) and prevention of confusion of social system order, etc. However use of cloned human embryos for research and exploitation of stem cells to produce transplantable tissues and organs, seems, acceptable, regarding to the important promises of these researches for scientific development in the field of biomedicine, with high benefits for the mankind and bearing in mind that reasons in the authentic Islamic texts for respect of human embryo are related to its post implantation stages.

Volume 9, Issue 3 (10-2005)
Abstract

Sometimes, in joint-Stock Companies, some shares with different motivations and according to the Articles of incorporation or decision of the extraordinary general meeting are considered as the privileged shares (Article 42 the legal bill amending certain parts of Commercial Code 1969). The possessors of such shares have rivileges which are not devoted to the possessors of ordinary shares. One of these privileges can be more annual benefit. On the other hand, according to Article 575 Civil Code of Iran, division of benefit should be in the ratio of the capital that each partner has invested unless in return for an action of one or some of them more benefit is taken into account. It seems that the Article 42, in which giving more benefit is not in return1 for an action, is in conflict with Article 575 Civil Code of Iran. Also in the opinion of some Islamic jurists allotting more benefit to a partner is just in return of an action done byhim, but, according to the belief which nowadays has a lot of adherents among the Islamic jurists, we can consider more benefit for some partners even without expecting them to do any action. The present essay, considering general rules of Islamic jurisprudence look to prove the second view and determine the absence of any conflict between the Article 42 the legal bill amending certain parts of Commercial Code (1969) and Islamic measures.

Volume 15, Issue 1 (5-2011)
Abstract

To prove crimes punishable by Had through confession, Islamic criminal justice has set particular qualification, some of which such as puberty and wisdom refer to the confessor while some others refer to the confession itself. Most important qualifications, which monitor confession’s quality, is its quorum. In this context, confessor’s confessions do not reach the valid quorum. In such circumstances, we are faced with incomplete confession, which its verdict is the topic of current paper. There is no doubt about the verdict of these cases with respect to instability of Had penalty, which is derived from incomplete confession. But the question is whether, in such cases, confessor’s Taazir is canceled or not? In this regard, there is no consensus among the legislators. Most of legislators have passed a sentence of Taazir on the confessor but some of them have opposed it. In our country’s jurisprudence, the legislator of the Islamic punishment has protested the incomplete confession, which is derived from not reaching the valid quorum, and has followed the dominant point of view. In the current paper, we brought up legislators’ statements about this issue and studied their evidence with more discussion. We have also paid attention to the position of our country’s criminal law toward this issue.

Volume 15, Issue 2 (9-2011)
Abstract

Ratio (or reasoning) is the fundamental section of the analogical reasoning. According to Islamic jurisprudence, if the reason is known, the analogical reasoning is authorized. So they have tried to initiative the ways to obtaining the rules reason. Common law system is also based on definition of the judgment reason. According to common law thoughts, it is not enough to achieve similarities but it also should detect the ratio of decisions. Judges distinguish between the ratio of decisions and obiter dicta. It clearly shows that there are common concerns at both the of Islamic law and common law systems.

Volume 31, Issue 4 (6-2025)
Abstract

العولمه هی سبب رئیس فی التّغییر الاجتماعی والاقتصادی والثّقافی والسّیاسی، فی أنحاء العالم، فقد أصبحت تشکّل فضاءً واسعًا یضمّ جمله من الحقائق والقیم تطال مختلف شؤون الحیاه للإنسان المعاصر. فقد نُظر إلی مسأله أسس نشوء ظاهره العولمه وتوسیعها، وتشکیل مجتمع عالمی، علی أنّه أحد المثل العلیا للإنسانیّه. فمع تطوّر أدوات الاتّصال وانتشارها، نشهد نوعًا من التّوتر العالمی فی العلاقات الوثیقه للمجتمعات الإنسانیّه فی مختلف المجالات.
لقد أدت عملیّه العولمه، من ناحیه، إلی زیاده المعرفه الإنسانیّه وتقویه العلاقات الدّولیّه، ولکنّها من ناحیه أخری طرحت تحدیّات جدلیّه تتعلّق بالقضایا الثقافیّه والسّیاسیّه والاقتصادیّه. فی غضون ذلک، یعدّ تلاقی الأدیان وتعزیز مکانه الفکر الدینی من مزایا مشروع العولمه؛ لذلک، فإنّ مراجعه النّصوص الدینیّه والثقافیّه الدینیّه تقودنا إلی حقیقه لا یمکن إنکارها وهی أنّ دین الإسلام هو دین عالمی، حاول فی تجربته التاریخیّه أن یصبح عالمیًا. لقد طرح الإسلام قضیه العولمه وتشکیل مجتمع عالمی وحکومه عالمیّه، الأمر الذی أکّده المؤسس العظیم للثوره الإسلامیّه فی إیران الإمام روح الله الموسوی الخمینی(قده).
إنّ إیدیولوجیّه الإسلام قادره علی خلق نظام جدید فی العلاقات بین الأمم، یقوم علی الإنسانیّه والروحانیّه، ویمکن القول إنّه أوّل من أوجد محاکاه بین فکره العولمه وتکوین مجتمع عالمی. فمن بین التّعالیم الإسلامیّه، هناک أسس فکریّه ونظریّه قویّه وشامله تتعلّق بحقوق الأسره من حیث تعزیز المکانه الحساسّه والمهمّه للأسره، والتی إذا کانت دینامیکیّه ومستخرجه بلغه الیوم، یمکنها أن تکون مناره مشرقه للعائلات فی العصر الراهن. فی هذا البحث، وبطریقه وصفیه تحلیلیّه واستنتاجیّه، سنقوم بتحلیل استراتیجیات الاستخدام الصحیح لمشروع العولمه، بحسب کلام القائد الأعلی للثوره الإمام الرّاحل الخمینی، ثم نشرح إمکانیّات عولمه حقوق الأسره الإسلامیّه.


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