صفحه اعضا هیئت علمی - دانشکده مهندسی
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Associate Professor
Update: 2024-11-05
SEYADHOSSEN altaha
دانشکده الهیات و معارف اسلامی / گروه فقه و مبانی حقوق اسلامی
Master Theses
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بررسی و ترجمه باب مهر از كتاب المقاصد و تطبیق آن با تحریر الوسیله امام خمینی (ره)
کوثر حزبائی زاده 1403 -
مطالعه تطبیقی حمایت ومراقبت ازكودكان در قانون عراق وشریعت اسلامی
خلف جاسم الیاسری باسم 1403 -
ترجمه و تحقیق مبحث اقرار در كتاب جامع المقاصد محقق كركی و مقایسه آن با تحریر الوسیله امام خمینی(ره) و قوانین ایران
فاطمه غفاری 1402 -
بررسی فقهی حقوقی قوانین ثبتاحوال
مجتبی اسكندری سبزی 1402 -
كاربرد اصول لفظیه دركتاب بیع امام خمینی (ره)
حسن حیدری 1402 -
المسئولیه الجزائیه للصغیر، بین القانون العراقی و الشریعه الاسلامیه
احمد عرس عفن 1402 -
حقوق زوجیه فی الفقه و القانون العراقی دراسه مقارنه
جعفر جاسم محمد 1402 -
بررسی فقهی و حقوقی تصرف در زمان خیار
حمزه صافی 1401 -
ترجمه و تحقیق حرمت تصویر از کتاب مکاسب محرمه امام خمینی ( جلد یک صفحه 255-298)
محمدامین عبدالخانی 1400 -
إرث المتبنى دراسة مقارنة بین الشریعة والقانونین العراقی والإیرانی
مظهر محی هیثم 1400 -
استقصاء و بررسی حقوقی موانع تصرف در اموال
سیدعلی موسوی 1400 -
ترجمه و تحقیق مبحث حرمت کذب از کتاب مکاسب محرمه امام خمینی (ره)
عدنان ساعدی 1400 -
بررسی و نقد دلیل عقلی در استباط احکام معاملات
میلاد محسنی نژاد 1400 -
بررسی فقهی حقوقی ارتباط نظام اسلامی با دولت های غیر مسلمان
فاطمه مؤذن نژاد 1399 -
اجرای احکام در دعاوی طلاق و مهریه از دیدگاه فقه امامیه و حقوق ایران
فاطمه موسوی 1399 -
آراء فقهاء النجف الاشرف حول التلقیح الاصطناعی
جمال تمیمی 1399 -
بررسی احکام سبکهای نوین روابط زن و مرد
الهام بینائی 1398 -
الموانع الفقهیه فی قضاء المرآه و مقارنتها بالقانون الوضعی العراقی
علی الشمیلاوی 1398 -
راهکارهای اساسی پیشگیری از جرم در قرآن و سنت
سیده امنه موسوی نسب 1398 -
جرائم الحرب ضد المدنیین و صورها المعاصرة (دراسة فقهیة امامیه مقارنه بقواعد القانون الدولی العام)
علی الجنانی 1398 -
بررسی تطبیقی احکام حج با رویکرد مسائل جدید میان مذاهب
علی عوفی زاده 1398 -
مبانی و ادله حقوق غیر قابل اسقاط زوجین در فقه امامیه
سیدمحمدحسن رمضانی 1398 -
بررسی فقهی -حقوقی قوانین خانواده در حقوق معاصر ایران
فروزان صیدی 1398 -
بررسی فقهی -حقوقی خسارات بر افراد در مرحله دادرسی
میثم اسكندری فرد 1396One of the legal and jurisprudential issues that is so common in courts and tribunals today is the responsibility for the losses and losses sustained by the parties during the trial. The principle of the necessity of compensation is the basis for the rules of liability, and all legal systems agree on it, therefore, the lender is obliged to compensate the damages suffered by the victim. The basis of this issue has long been known and has always been considered in the name of denial of harm to others and avoiding the loss of indemnity in Islamic jurisprudence. Since the issue of compensation and compensation is a major issue of jurisprudence and law, however, in none of the existing laws there is no definition of damages arising from the proceedings. In the claim for damages arising from the proceedings, which is one of the methods of guaranteeing the right of the subject of Article 515 of the Civil Procedure Code of the General and Revolutionary Courts and the place of discussion of this thesis, there is no contract between the parties, so the basis for claiming damages in this case is pure civil liability. In fact, the means of guaranteeing a right are a set of rules and requirements that the court and, in particular, the judge, after exercising the right, use to convict the defendant to respect the right to sue and compensate him, while the guilty party must be judged and the basis for the imposition of damages What is the trial for him? This thesis attempts to investigate the nature of damages and types of damages in the first chapter; assessing the history of damages on individuals in the proceedings and the cases of damages in the proceedings. In the second chapter, the civil liability of the judge and the judiciary in entering the damage with the jurisprudential basis and Laws on individuals are detailed and well-documented in the third chapter, and in Chapter IV, he analyzed the probable losses of legal proceedings and jurisprudence on individuals, and, finally, the conclusions and conclusions of this research were formulated in several pages.
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بررسی فقهی و حقوقی خرید و فروش در معابر عمومی
یونس زبید 1395Dealing in public places including social jobs and methods of monetization
that is rapidly expanding. The main objective of the research is already contributing to
regulatory approval by the competent authorities With which to order and comfort for
the citizens to return to public space. We tried analytical method - a description of this
way of earning from the perspective of Islamic jurisprudence be examined.
Buy and sell in public places have a duty and a warrant is a warrant position. It is the
duty ruling disagreed and famous opinion is conditional license. This means that if the
road is sufficiently large and so is harassing passers-by not permissible and otherwise
would not be prohibited. It is situation ruling of guarantee. This means that in all cases
where the crossings are used other than transit, Using toggle damages that incur
Ghabran of his practice area. Laws criminalizing the buying and selling in public
places. But the fact that it can not virgin who buys and sells in public places looked to
see offenders And condemn them to physical confrontation and violence, and this is the
only clear issue. The solution, in addition to legal and appropriate way, that this would
not civil rights. Change in the way of dealing with those who are buy and sell in public
places and organizing them is essential.
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مطا لعه تاریخی و فقهی کا ربرد قا عده قرعه
شهلا زینی وند 1395One of the important rules in many fields of law, whether in conflict or non-conflict is applied is draw rule. Reviews the pages of history, the fact is clear that the actions of the lot does not have divine religions, but on the time of ignorance before Islam was common. So this rule is not a established rule but is a signature rule that law and custom has approved it. Evidence of Quran and also because the validity of this rule is wise. On the application of the Draw rule of doubt and bewilderment find lots to say where the decisions and adopt the one hand, on the other hand does not lead. It results into the draw because it is the practical principles and with the principles and rules the draw rules is out. By analyzing about and the rule that is the main argument of this study, draw the conclusion that in principle there is no legitimate lottery-like. And in any case there seemed no solution to it and relevant external flows, For the purpose of this study was to find the truth and rational rules of legal evidence and right to the right where is the wisdom reaches an impasse. About the quality and enforcement rules can not be said to be unique in certain ways. If the lottery is related to judicial affairs judicial authority is responsible for t Otherwise, the person is in charge of that subject.In addition to this rule is that the law used in fiqh but their status is not clear.
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موارد پرداخت دیه از بیت المال در فقه اسلامی و حقوق ایران
عبدالهادی لویمی 1395Diego the most widely used and controversial issues in Islamic jurisprudence. This detailed discussion of Islamic law has many chapters and factions that the diya following is mentioned in religious books. What is studied in this thesis, a recent study that detailed Looking independently to the payment of blood money from the treasury pointed out? There are countless cases that Johnny is not possible for any reason the money from the treasury of the Muslims responsible for that has been recognized in this thesis. The purpose of this study was to collect the money from the treasury is exact and referring to the legal vacuum in this area in spite of existing legal propositions, suggestions presented in this context: 1. A clear example of the reasoning in law and alternatives Imam (treasury) on behalf of reasoning 2. Add new provision to the bill of the Penal Code to clarify the condition of the money from the treasury, the first payment of blood money to the victim's family must have the financial ability to apply Secondly treasury. 3. Turn the non-Muslim citizens and accept blood money from the treasury to pay blood money. 4-Clarify whether the examples that come in jurisprudence in cases of failure to identify the killer is an allegory or limitative in addition, in certain situations Diego may be condensed. And pay such additional amount of debate and deliberation by the treasury because it imposes a heavy burden on the Islamic state. Also if you need to pay diya Fazel again discussed the role of treasury in payment is possible.
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تطبیق نظر فقهای امامیه در باره نماز مسافر وکثیر السفر
علیرضا ساعدی 1395prayers, however, there is disagreement among other sects, Sunni and sine allow a brief prayer and some allow it as recommended, whereas, many narrations imply that the prophet not only enjoin briefing prayer in travel, but also caliphs after his, continued this procedure and performed his way, but Othman prayed completely in travel towards the end of the his caliphate and Aisha prayed completely also according to some quotes. It is the interesting point of note that Quran predicate neither incumbency, nor permit and it is quiet about this matter. Since, Othman and Aisha didn’t have reason briefing prayer, so companions were disagree. So, it can be said that there is no valid reason to pray completely in travel in Sunni sources -like Shia sources-
This thesis try to consider old and new shiite jurisprudents’ opinions about passenger prayer and whob that travels highly, comparatively for it can analysis this verdict according to them and prove that almost of jurists agree about briefing prayer in travel.
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بررسی تطبیقی فرزند خواندگی در فقه اسلامی وحقوق ایران
فاطمه جلالی مجد 1395Adoption has always been a common practice among nations in the past and present. In all nations, when somebody adopts someone, there are some obligations between the tow, which both parties are committed to, including the right of inheritance. By the appearance of islam, regarding some ayat(verses of the Quran) rejecting adoption, it was not accepted. Whereas in articles 20, and 21, of the convention on the right of the child, adoption has been addressed and the countries which have recognized adoption are demanded to prioritize the child`s interests. In iran`s civil law, which is based on Islamic figh(jurisdiction), adoption as an institution is not addressed, but regarding the society`s dire need for looking after orphans, in 1974 (1353), a similar institution under the name “orphans` care center” was founded. With the passing of the law, the need for addressing thes issue in the civil law was met and the realationships between the adopter and the adoptee were regulated. The present study is about to analyes the issue of adoption, and to study it comparatively by looking into it under the light of Islamic figh and Iran`s low. The study also intends to look at the advantages and disadvantages of adoption; and by pointing out the law of looking ofter the orphans and children suffering from poor parenting, shed light on the different aspects of adoptions, so that its importance and status in law and legislate can be appreciated and regarded in future decision making.
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بررسی فقهی و حقوقی صدور و اجرای حکم در نظام قضایی اسلام
عبدالرضا دانیالی فر 1394Judicial justice is the biggest goal of any judicial system, that among all communities, religions and civilizations are known as a value and Judgment which is in favor of the rights holder in accordance with the law and the public interest within the framework of Islam. It should be noted that this thesis, the Islamic judicial system and legal jurisprudence and the issuance and execution in this system is assessed and It was concluded that non-jurist judges should also Jurisprudence and Principles of Islamic Law that would support the judicial system and the current legislation is not well-versed. Study Sources of Islam becomes clear that the Islamic penal and criminal penalties against offenders and guilty and sentencing, is not just for tormenting and torturing him, or because of the relief of the victim’s family, But the main purpose is the edification, offender discipline and protect society and public, support and prevent social corruption. In this study, we examined the legal and judicial system of Islamic law in the issuance and execution, also procedural issues are examined. The main objective of this study was to learn how to export the Islamic justice system and the important issues are examined from a legal perspective.
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مالکیت زمین موات و آباد در فقه امامیه و حقوق ایران
دغاغله-سعاد 1394Ownership is one of the economically important issues in the every society and the purpose of creating it, is to grant right of possession of the property to the owner. As it is known, over centuries a land, as a property, has been the most fundamental wealth-generating resources for human. For this reason, creating and possession of a land is very important. The present study heading "Ownership of Cultivated and Uncultivated Lands in Jaafari Jurisprudence and Iran's Law" is arranged in four chapters. It deals with land ownership through descriptive, analytical and comparative methods. Since in the Jaafari jurisprudence as well as in the Iran's positive law, the causes of land acquisition are not dealt independently, this research aims to elicit those causes from Fegh sources and Iran's law and to formulate them as an independent source. By looking at Jaafari jurisprudence literature and Iran's positive law, it follows that the most significant causes of land acquistition for individuals are the contracts, in particular the sale ones. It is followed by an inheritance that is the most significant causes of land acquisition for individuals are the cotracts, in particular the sale ones. It is followed by an inheritance that is the most common cause of land ownership for individuals. For institutions, sale contract and the words of the positive law are the most significant causes of land possession. There is an apparent contradiction on the uncultivated land ownership in the Iran's positive Law According to Jaafari's views, the uncultivated land are owned by government and are public wealth.
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تاثیر دین و مذهب بر عقد نکاح در فقه اسلامی
باباخانی-اكرم 1394One of the wisdoms underlying marriage in the texts is the continued existence of human beings and the most important issue of marriage is the consistency of belief between the couple and reverence of marriage with the aliens. Today, as the result of widely expanded media around the world, humans with different religions are able to communicate with each other globally and it may lead to marriage as the result of these communications. For this reason, it is necessary to become familiar with marriages orders and instructions in different religions. In order to meet this requirement and due to special importance of this issue in Islam, this thesis attempts to explain the foundations and documents related to the reverence of woman or man Muslims with aliens based on Quran verses and FIQH (Islamic jurisprudence) traditions. Given that the Imamate jurists treat the temporary marriage of a Muslim man or woman of people of book as lawful, while the Sunnis consider it as unacceptable, there are controversies on this issue for which this study presents pros and cons proofs. The topic of the present study is the examination of both Imamate and general scholars on the causes and documents of such marriag.
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اخذ اجرت بر واجبات از دیدگاه مذاهب اسلامی
جلالی مجد-معصومه 1393Although it is mentioned that having no permission on wage taking about duties, is consensus or known according to jurisconsults, but concerning the verses and narratives it is not cared at except on special cases. Regarding the jurisconsults, judgement about wage taking permission about essential duties, this idea will be increased and multipled. The propound subjects in this case are among most important ones and are so efficient in jurisprudence chapters, specially on trades. Thus the author in this thesis, paid to study of various types of rent in Islamic religion, its definition and rules, the Ulema (religious scientists) idea about its evidences and rejection, and criticized them too. At last it is mentioned doubts, vicegerency worship, essential duties and some samples such as wage of leader prayer, wage on judgement, and some funerals as washing the dead body.
Through studying believers' evidences on illegality and permission, we can result that the evidences of those who believe on its illegality, are not strong enough and acceptable. And also the evidences of the jurisconsults who believe on permission of this, are acceptable and true. Thus they can take wage.
Some of the researcheson this topic which are mentioned in this thesis, are new in this issue, which all experts will confirm it.
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معاونت در گناه و جرم از دیدگاه فقه امامیه وحقوق ایران
جعاوله پور - نداالسادات 1393The crime assistance consists of collaborating and aiding in committing crime through incitement, encouraging, bribing, conspiracy, fraud and trick, malfunction of power, providing tools in order to commit crime, finding methods in order to commit and facilitate to occur for crime without participating assistant in material element of crime, which this collaboration must be prior to or simultaneously with occurring main crime. Criminal main action is condition for assistance. It means that official base of assistance of crime is that offender do a crime which it is considered as an assistance. The assistance of crime, guilty and offence itself is considered as a crime in canon law which will be penalized. Here, in order to eliminate ambiguity, assistance of crime and its relationship with participation in crime is investigated based on Iranian criminal law and canon law in order to obtain an accurate meaning of the assistance of crime canonically and officially in order to eliminate ambiguity and execute law effectively and efficiently. Thus, the quality of type of participation of persons for committing a crime may be considered a different matter. Therefore, considering their method of participation in collective crimes, titles for participating or assisting in crime attributed to them and since there is no an accurate definition, it considers as collaborating two persons or more in order to commit a crime where their intention is to commit crime and each of them can be considered as an independent agent.in other word, participating at commit a crime has an independent and main aspect ,while assistant of crime play a marginal role in commit crime. Assistance of crime is occurred by committing crimes and positive actions and leaving out it never can causes occurring assistance. In other words, a positive action committed by assistance of crime makes responsibility for assistance, not leaving it out. While crime participation is created through committing negative and divestment.
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تطبیق دیه در مذاهب اسلامی وحقوق کیفری ایران
داودی - مژگان 1393There is strong disagreement over blood money (diyeh) and its surrounding issues in the Figh (jurisprudences) of Islamic religions which in some cases has led to complexity and ambiguity of this issue. Therefore, it has changed to a doubt point for the promoters of the religious laws in Islamic and Arabic countries. Since the enemies of Islamic world are trying to highlight these disagreements and to cause disunion among the Islamic religions, I thought it necessary to, by the help of almighty God,express different viewpoints of Islamic religions about blood money and some of it its surrounding issues, compare these views with each other and with Laws of Iran, specify the amount of similarities and differences between them, and try to de-emphasize differences and pave the ground for more union and harmony among these view and also with law. I used library research method and by referring to valid references and also using Figh software I completed my investigations and obtained the following results:
Legal nature of blood money is an independent nature with both attributes of punishment and civil liability. Also, the person responsible for paying the blood money in an intentional murder is the murderer and in a quasi-intentional and unintentional killing is the sane individual (Aqela) according to Sunnis; according to the Emamiyeh’sFigh, in quasi-intentional is it the responsibility of murderer and in unintentional the responsibility of Aqela. There are some disagreements on the amount of blood money among religions and that is the amount of the diyeh for body members, diyeh for fetus, and for people of the book (Ahl al-kitab) and the confined. There is a consensus in other cases such as diyed of men and women and some of the body members and the Iran criminal law also follows Emamiyeh’sFigh in all cases.
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تحلیل فقهی حقوقی توبه در حقوق کیفری ایران
زهرا سپهری خواه 1393Repentance means return in word and means regret of sin committing in term. In Islamic criminal law, the repentance was accounted as one of the penalty falling cases it is important so that it is one of the best methods for avoiding the crime and reform the criminals. The repentance is penalty falling when the crimes philosophy is opposition to God' commandments and prohibitions. The rights are called God' right (what is due God). But the repentance is not penalty falling when the crimes relate to men's right (what is due to men). It is obvious that the basis of this penalty falling kind is religious law. One of the considerable points about the repentance as one of the penalty exemption reasons is that if the guilty person repents before the crime proving through confession or legal proof , his/her penalty is fallen and if he/she repents after the confession, the judge has the option to request forgiving or pardon from guardian or exercise the penalty. But, repentance after legal proof presenting has no legal effect. What we bring about repentance, about the impact that the law and the criminal law of this case is discussed, But the impact in term of repentance, there are two theories of religion: the same term limits and fall in absolute term with repentance. In Islamic criminal law, criminal repentance term grade six, seven and eight, absolute, Muscat is permitted. In other crimes leading to the punishment, repentance is a means of commuting
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بیعانه، ماهیت احکام فقهی و حقوقی آن
مگدر نگرا 1392 -
وقف در فقه امامیه و حقوق ایران
طیبه ریزوندی 1392 -
قاعده ی اقرار در اثبات دعاوی از دیدگاه فقه امامیه
زهرا غریب زاده هرمزی 1392 -
حکم رؤیت هلال از دیدگاه مذاهب اسلامی
سیدقاسم موسوی نسب 1392 -
غناءوموسیقی ازدیدگاه فقه امامیه
زهرا نامداری 1391 -
بررسی حقوق مانع از بیع از دیدگاه فقهای امامیه
سیدمحمدحسین شبری 1391 -
بررسی مسئله تنظیم جمعیت از دیدگاه فقه اسلامی
رضا نصیرپور 1391 -
بررسی تطبیقی محاربه در فقه اسلامی و حقوق موضوعهی ایران
زینب پوردیوانی 1390 -
بررسی پیرامون حق طلاق در فقه امامیه و قوانین ایران
منا سبتاوی 1390 -
بررسی تطبیقی ازدواج موقت در فقه و حقوق اسلامی
مهدی اسدی 1389 -
بررسی تطبیقی اذن ولی در نکاح از دیدگاه فقه امامیه و حقوق اسلامی
موسی ارمیده 1389 -
: ارث زوجه در حقوق مدنی وفقه اسلامی
راضیه میرمحمدی 1389 -
بلوغ و احکام از دیدگاه فقهای امامیه
مجید حسینی 1388 -
سقوط، تخفیف و تشدید مجازات
هادی رضایی 1388 -
مقایسه آثار فقهی و حقوقی طلاق و فسخ نکاح
مهدی مجیدی 1388