the present article studies the issue of the “necessity of imitating the most learned (a‘lam)”. to this end, while comparing the evidences of the proponents and the opponents of the necessity of imitating the most learned and, explicating the weak points of the former viewpoint, it draws the conclusion that the viewpoint of the permissibility of imitating the master jurist (mujtahid) in general...

the main purpose of this paper is to apply of islamic transactions rules on iran capital market contracts by studying the economic actions of the individuals in tehran stock market. based on the theories of four major islamic laws, i.e., no damage rule, gaining from invalid activities rule, peril rule and usury rule; the basic islamic assumptions is drawn in order to testify in the capital mark...

“pacta sunt servanda” is one of the most fundamental principles in the common law and iranian legal systems, which have been exposed to exceptions in the process of time. these exceptions are part of general doctrine of frustration. iranians exceptions to this rule are named as “ta`azzor” and “ta`assor” rules. doctrine of frustration in common law includes three subdivision theories: “impossibi...

one of the subjects about the “la zarar” rule that always had been controversial is survey for positive aspect of it. not only opponents but also researchers that sought to answer the objections of the positive aspect of the rule enter the discussion on the assumption that the evidence of the “la zarar, rule is the la zarar hadith, in story of ansari man and samorah-ibn jondab discored. this as...

The article analyzes the evolution of doctrine political loyalty Christianity to state power and views prominent Russian jurist N.N. Alekseev (1879-1964) on this issue. considered widespread thesis that sanctifies any be a key mistake doctrine. came conclusion analysis biblical texts convinces in absence Christian idealization evangelical justification priority monarchical form government. All ...