چکیده انگلیسی (102-101): تفاوت بین نسخه‌ها

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نسخهٔ ‏۳ دسامبر ۲۰۱۹، ساعت ۰۱:۴۰

Considerations on the role of women in the expansion of the Safavid's== pious foundations==

Nozhat Ahmadi

[۱]

Abstract

Historical sources do not report the motivation of women to endow their property. There is no precise explanation in deed of endowment except for stereotypes phras – es. It seems that there is a meaningful relationship between the social base and the financial power of these women and the attention to the endowment of property. The women of the Safavid period paid great attention to social and cultural -religious issues and despite their perceptible Non-attendance in the society were indirectly affected on these activities. They influenced on the implementation of these affairs by allocating part of own property for cultural – religious affairs and welfare works. They followed from the principles governing the nature of society and were effective in increasing and unifying these principles by the type of their endowments and the conditions for which they were appointed. Women have not had any prohibition or limitations to assigning their property for endowment. Despite women's deprivation of direct participation in the social arenas, they have done a lot of effort to improve the situation of the community through construction and endowment of various buildings and therefore they have showed participation and their abilities. Pious foundations from them prove that there was no gender perspective in endowment and women are endowed regardless of any kind of gender perspective. There were also no limitations for women's endowments by the community.

Key words

Benefactor's Women, Endowment motivation, Safavid Period.


Investigating of the guaranty of corpus and benefits of property in the== usurpation of endowments==

Mostafa Sadeghpour [۲]

Abstract

Usurped property is sometimes left and it is sometimes wasted. If the usurped property is left, the usurper must immediately return it to its owner. The usurpers also is guarantor of the benefits of the usurped property and he must compensate for damage it. But if the usurped property increases during usurpation, in this case, famous jurisprudents believe that the usurpers is not the guarantor of the payment of the surplus amount, while if the price increase is due to the emergence of a new feature and description in the usurped property, the jurisprudents believe that in addition to the extradition of the property to its owner, the usurper must also recover the additional amount. But in particular the rules of usurpation on the assumption of wasting usurped property if that is a replaceable thing, what is the guarantor's responsibility is replacing it with property like a wasted thing and if that is a priced property, waster will be the guarantor of the price of that property. But in cases where usurped property is priced property and the price of that prop - erty has increased or decreased the jurisprudents have expressed different opinions in the criterion of price determination.

Key words

Usurped property, Usurpation of endowments, Benefits of the usurped endowed property


Review of the Justifiability ofendowmentofjoint property and dividingit

Reza Mohaqeqian [۳]

Abstract

Studying of jurisprudential texts indicates that the validity of joint property is ac - cepted by all jurisprudents and the civil law which is also based on the views of the jurisprudents validate the endowment of joint property like the endowment of divided property. From the evidences of validity of joint property it is possible to refer to generalities of validity of endowment which include the verses of the Holy Qur’an, which stipulate the remnants of the righteous as well as the current charity narratives, which include the dedication of financial rights, and also the public flow of endowment according to intention of benefactor. In addition to the generalities of validity of endowment, special narratives and the consensus of jurisprudents are also included as other evidences of validity of joint property, as well as the jurisprudents agree that division of endowment of joint estate is also permitted. Therefore, the jurisprudents are permitted division of joint and endowed property from free property in the form of partition and split with rejection, if the rejection is not endowed property. From their point of view, the evidences of validity of endowment division from free property is also the consensus of juris – prudents , absolute legal power and principle of no harm.

Key words

Joint property, Division of the endowed property, Free property.

Investigationofthe difference betweennationallandsandendowments

Mohammad Hassan Imamverdi

[۴]

Abstract

If governmental organizations are one of the two parties of judicial record at the judicial authorities, and after hearing, a definitive ruling on his conviction is is - sued, these organizations are required to execute the verdict. Also in cases where those organizations are not parties to the dispute but enforcement of judgment is their authority and duties, they are required to perform their legal and judicial as – signments by order of the court. Regarding to the responsibility of natural resource departments to enforcement of judgments, it must be said that whenever beneficiaries in accordance with relevant laws and regulations to object to the opposing party of aforesaid departments to recognize the nationality of the lands and according to the vote casting of the competent authority, has been issued the ruling to abolish of the nationality of those lands, natural resource departments as a losing party are required to execute the verdict of the competent authority. Accordingly, it can be said those national lands that have been endowed without reclamation are not considered as an endowment but those lands that have been reclaimed and endowed and also those national lands which are located in the domain of endowments is considered as an endowment and are not part of national resources.

Key words

Governmental organizations, Natural resource departments, National lands, Proving of endowment, Revocation of title deed.


Review of the legal status of Fatawa and the opinions of thejurisprudents

Hossein Farhoodi [۵]

Abstract

Studying of juridical texts indicates that reference to Fatawa (religious decrees) and the opinions of the jurisprudents are located within the statutes and also the condition for referring to those verdicts is being silence, defect, ambiguity, conciseness or conflict of those laws regarding to discussed issue. The review of the statutes also indicates for this reason that there are no article in the current laws to enable the organization of land affairs or natural resources with reference to it, declare endowment lands national or waste land, consequently, the lands of the endowment are still among the endowments. This is because according to con sensus of opinions of jurisprudents, it is not permissible to remove the endowed property from the endowment mode. Therefore, natural resources are not entitled to declare endowment lands as unutilized or national in this field. On the other hand, regarding the capability to dedicate of national and unutilized lands also it must be said that since these laws are approved by the Islamic Republic of Iran and has a jurisprudential backing, consequently, those lands have not capability to dedicating by reason of Non – ownership of them and any documents of endowment regarding those lands are also void.

Key words

Fatawa and the opinions of the jurisprudents, statutes, Endowed lands, National and unutilized lands, Natural resources. hs.farhoodi@gmail.com


پانویس

  1. Associate Professor, Department of History, University of Isfahan. n.ahmadi@Itr.ui.ac.ir
  2. High-level professor of Qom seminary and researcher of the Endowment Research Center mostafa_sadeghpour@yahoo.com
  3. High-level professor of Qom seminary and researcher of the Endowment Research Center hasaniran5@yahoo.com
  4. Assistant professor at Imam Reza University, Holy Mashhad mh.cmamverdy@gmail.com
  5. Researcher at Legal Juridical Research Center of judiciary and Institute of knowing of Jurisprudential subject