Showing 5 results for Mohaghegh Damad
Mostafa Mohaghegh Damad,
Volume 3, Issue 1 (2-1992)
Abstract
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Volume 4, Issue 4 (12-2000)
Abstract
Seyed Mostafa Mohaghegh Damad
Professor of Shahid Beheshti University
Mahmood Sadeghi
Ph.D. Student in Private Law, Tarbiat Modares University
In order to render a general theory about contracts for the benefit of third parties in Imamiyah Jurisprudence, the author in an overview in various instances of stipulations and contracts for the benefit of third parties in the texts of traditions and jurisprudence, considered three important of them in more details.
The results of this research are as follows:
1. The principle of privity of contract is valid in Imamiyah Jurisprudence as in other legal systems.
2. The contracting parties can exceptionally make promise for the third party by virtue of their intentions and wills.
3. The effects of contracts for the benefit of third parties must be determined with regard to the express or implied intentions of contracting parties.
4. The contracting parties can revoke or change the contract which they made for the benefit of a third party. However they can disclaim this right so the right of third par will be crystallized.
Volume 15, Issue 2 (Summer 2011)
Abstract
A futures contract is an agreement to buy or sell a specific amount of an asset at a particular price on a stipulated future date. A futures contract is a standardized exchange-traded agreement. One of the most important challenges about the validity of futures contracts is that if such contracts are kind of gambling. It seems that by using legal doctrines, judicial procedure and legislation development, English Law passed the mentioned challenge. In this paper, first, we investigate the approach under which English Law encounters this issue and the elements by which a transaction is a kind of gambling in Islamic Law. Then, regarding distinct differences between futures and gambling contracts, we try to eliminate the challenge and justify such transactions. We found that: first, gambling is similar to futures contracts from the viewpoint of encountering the risk; while, gambling is the creation of risk in order to risk; taking risk in futures market is encountering the risks that necessarily exist in free market economy. Second, in gambling, the base of gaining profit is probability, chance and random, and what a gambler gains is the speculative gain; yet, the base of gaining profit in futures contracts is market analysis. Third, gambling contracts' concept includes win-lose, which is one of the elements of gambling contracts in Islamic Law; while, another profit is hidden in futures contracts whose concept differs from win-lose. This concept is Hedging or Speculation. In fact, futures markets are risk transfer systems. Forth, the framework of activity in gambling is playing a game. However, a futures market is a place for combining analyses in order to develop an economic financial activity rather than a place for gaming. Finally, we can justify futures contracts in Islamic Law by passing the challenge of being considered as a gambling.
Volume 16, Issue 3 (Fall 2012)
Abstract
In this paper, we clarify the nature of the legal acts in general, and the practical results of this discussion. Then we provide the context for a comparative discussion of the definition and nature of marriage in Islamic jurisprudence, Iranian law, some Islamic countries’ laws, and some western countries’ Laws, especially the United States, to show the essential elements used in the context of marriage. In this regard, we introduce a different model that represents the essence of marriage as a contract, status, institution, personal choice and finally, worship. The practical benefits of our selected Quran model in concerned with the set of rules governing marriage, have been taken in our attention. Recently, we have offered a new definition for marriage that seems to be proper for Iranian legal system.
* نویسنده مسؤول مقاله: Email: dadmarzism@yahoo.com
Volume 20, Issue 3 (Fall 2016)
Abstract
Public protection has become a key theme of much recent criminal justice legislation and policy aiming at the effective management of high-risk offenders. Harm reduction is a health-centered approach that seeks to reduce the health and social harms associated with drug use, without necessarily requiring the users to abstain. It is a non-judgmental response that meets users “where they are” with regard to their substance use rather than imposing a moralistic judgment on their behaviors. As such, the approach includes a broad continuum of responses, from those who promote safer substance use, to those who promote abstinence.
This article, by employing descriptive-analytical method, describes the implementation of harm reduction policy according to successful policies of Portugal and Canada. Then compares harm reduction policy between Iran and those two governments. This paper proposes that the "bill of decriminalizing from drug law and treatment of drug abuse," and its amended should be put on the agenda. Firstly, policy-makers should decriminalize the use of some low-risk drugs because relevant authorities can implement harm reduction policy with freedom of action and secondly, the behavior of all drug users should be diverted to access to drug user. Thirdly, since the age of drug users descends, thus policy-makers should be consider youth in harm reduction programs.