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Document from the point of view of jurisprudence and law

Number of pages: 67 File Format: word File Code: 32764
Year: 2013 University Degree: Master's degree Category: Law and Jurisprudence
Tags/Keywords: document - Document enforceability - Documents - Islamic law - Judges - jurisprudence - official document - real estate - Registration of documents - transaction
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  • Summary of Document from the point of view of jurisprudence and law

    Dissertation for receiving the master's degree "M.A" in the field of theology and Islamic studies

    Fiqh and fundamentals of Islamic law

    Abstract of the thesis:

    The document issued by the registry office, or notary and marriage and divorce offices It is said that the chapter of the speech of the judicial courts is a strong and unquestionable document that is considered by the judges.

    This thesis entitled "Document from the perspective of jurisprudence and law" aims to examine the discussions about the document and its types, as well as the limits and validity of the document and the enforceability of the official document and the role of documents in social relations and the prevention of crime and the reduction of lawsuits.

    In order to achieve this purpose, the relevant sources were first anthologized, and after studying and extracting and analyzing the findings in an inductive and analytical method, this research has been prepared in three parts, and at the end, some results have been obtained and suggestions have been made to improve the situation, and the purpose of this research is to express the position of the document in Islamic jurisprudence.

    The most important achievement of this research is:

    a) attention of the organs and courts to the document;

    b) necessary measures to prevent the document from being shaken and misused;

    c) the document has a legal support;

    d) removing the cumbersome formalities of the official document.

    Key Keywords: document, ownership, registration of documents, transaction, real estate. 

    Introduction

    One ??of the most important and common reasons for the claims of litigants in both legal and criminal cases is the document. Whenever a document is cited in a lawsuit, one of the most important points that is taken into consideration is its ability to be cited from a substantive point of view, but at the same time, the issue of using a document in lawsuits and legal matters and proving claims by citing it has other aspects of such importance that not paying attention to them can make the use of the document impossible or cause a written document to be unable to be substantiated and make a false claim. prove.

    In using a document as evidence in court, the first point that is taken into consideration is the time of presentation or reference to it, but it can be said that in this regard, the document does not have any characteristics and as a result, it is subject to the general rules of the time of presentation of evidence. He says that he has it, but it is possible that the said document is with the opposite party or a third party.

    The party against whom the document is expressed pays attention to the ability to invoke it from the perspective of substantive rights and, if necessary, prepares his defense in this way, but usually before that, he pays attention to its authenticity, so that, if necessary, as a defense, Focus his attack on the material structure and appearance of the document, and in other words, expose its authenticity.

    The document, apart from being a characteristic for a property, can be the end of lawsuits and disputes that are filed in the courts.

    A) statement of the issue

    One ??of the most important evidences to prove the claim in lawsuits is the document. Whenever a written document is used in a lawsuit, one of the most important points that should be noted is its citation from a formal and substantive point of view. Verse 282 of Surah Al-Baqarah shows the deep attention that this divine book has towards the economic affairs of Muslims and their work order. In the general sense, the document refers to what is trusted, and in the specific sense and in the legal term, according to Article 1284 of the Civil Code, it is: any writing that can be relied upon in a lawsuit or defense.

    There is a logical nature and a rationally recognized method regarding the use of a document to record and record and prove legal events and actions, which actually reduces this issue.

    There is a logical nature and a well-known rational method regarding the use of documents to record and prove legal events and actions, which actually reduces disputes and resolves them faster.

    Morality and religion order people to fulfill their obligations and fulfill their obligations, and breaking a promise is not only reprehensible but also a sin from a religious point of view. In Islamic jurisprudence, the principle of necessity is accepted, and for this they refer to the verse "Ufwa al-Aqud" and news and hadiths. How truthful are these two and what is their difference in terms of proof.

    In order to measure the proof power of a traditional writing with a modern document, one must see what is the probability of lack of intention and seriousness in each of them? Also, which one is more likely to be falsified and changed, and what is the probability of ambiguity, ambiguity, and conflict in each one?

    The necessity of human social life and the need to carry out transactions and financial transactions and subsequently to establish the individual rights and ownership of individuals, to preserve the works and results resulting from them, to prevent possible claims and objections in any society requires that an institution or body is responsible for the preservation and protection of rights. take over individuals and people of the society; The religion of Islam has not ignored this innate human need and has emphasized the preservation of its legal works in various aspects, and has devoted a significant amount of jurisprudence chapters and teachings of Quranic teachings and the advice of religious leaders to it. And its rulings have been mentioned?

    Is the document the proof of ownership?

    What role does the document play in the relations between the parties?

    d) Research hypotheses

    In the biggest verse (282) Surah Al-Baqarah: The Verse of Al-Tadayin) is one of the largest surahs of the Qur'an, and the importance and rulings of the document are specified.

    One ??of the most important and common reasons for proving a claim is the document.

    The document plays an essential role in the relationships between the parties, in such a way that having the document stabilizes ownership and regulates legal and social relations (offa with contracts) and prevents It comes from disputes and conflicts.

    e) Literature or research background

    Regarding the practicality of the research topic, most jurists and jurists have written books and articles about document writing, but we did not find a thesis regarding the research and we did not find anything.

    f) research method

    According to the topic of the research, the method of collecting information and analyzing it is a documentary and library method, in the sense that first the required sources are selected and after the study they are scanned and based on the inductive method [1] - analytical method of the mentioned material is used. As far as this research has been prepared in three parts, six chapters and eighteen discourses, and at the end, results have been achieved and suggestions have been made to improve the current situation. style="direction: rtl;">Special objectives:

    a) Rulings related to the document from the point of view of jurisprudence

    b) Proving the right through the document from the jurisprudential and legal point of view

    c) C) Explaining the differences and similarities between the traditional writing and the modern document.

    h) Structure of the research

    This research is organized in the structure of three parts and several chapters and it is placed at the end of the results and suggestions and then the sources and sources.

    In the first part, which is called generalities and includes two chapters, the meaning and introduction of the document and its types are discussed.

    In the second part, the document has been examined from the point of view of jurisprudence and law and the limits of validity of the document during three chapters.

  • Contents & References of Document from the point of view of jurisprudence and law

    List:

    Class A

    Research Ethics Charter. B

    Affidavit of originality of dissertation or thesis. C

    Thank you. D

    dedication to. E

    Detailed list of contents. And

    Abstract. 1

    Introduction. 2

    a) statement of the problem. 2

    b) The importance and necessity of conducting research. 3

    C) research questions. 4

    d) research hypotheses. 4

    e) Literature or research background. 4

    f) research method. 4

    G) research objectives. 5

    h) research structure. 5

     

    Title                                                                                                                                                                                                                                                                                         Page 7

    The first speech: the concept of the document. 7

    1-1- The literal and idiomatic meaning of the document. 8

    Second speech: official document. 14

    2-1- Notarized document. 18

    2-2- Ownership document. 19

    2-3- The elements of the official document. 20

    Third speech: ordinary document. 22

    3-1- Types of normal documents. 23

    3-2- The elements of a normal document. 27

    3-2-1- Signature after adjustment. 27

    3-3- Easement. 27

    3-4- Request. 28

    Chapter Two: Introduction of other documents. 29

    First speech: white document signature. 29

    The second speech: commercial documents. 29

    2-1- Bill. 30

    2-2- Check. 30

    2-3- promissory note 31

    The third speech: types of promissory notes. 31

    Fourth statement: Conflicting ownership document. 32

    Page Title

    Fifth Speech: Professional Documents. 32

    Sixth speech: types of documents in terms of time (stages of life) 32

    Seventh speech: types of documents in terms of value. 33

    Eighth speech: Types of documents in terms of degree of sensitivity. 33

    Ninth speech: types of documents in terms of content and subject. 33

    9-1- Administrative documents. 34

    9-2- Financial documents. 34

    9-3- Scientific and technical documents. 34

    9-4- Legal documents. 35

    5-9- Historical documents. 35

    6-9- Cultural documents. 35

    9-7- Political documents. 35

    9-8- Military documents. 36

    9-9- Economic and construction documents. 36

    The second part: the document from the point of view of jurisprudence and law

    The first chapter: the document in jurisprudence. 38

    Section 1: Regulation of commercial documents in the chapters of jurisprudence and kalam masoomin. 40

    The second speech: Islam and the law of ownership. 50

    The third speech: the role of documents in social relations. 54

    Chapter Two: Documents in law. 60

    First speech: The role of documents in preventing crime. 61

    1-1- Probative power of the document. 61

    Title

    1-2- Reduction of claims. 61

    1-3- Judicial security. 62

    1-4- Transaction security. 63

    The second speech: the role of the document in establishing ownership. 64

    Chapter Three: Limits of validity of the official document. 68

    The first sentence: Limits of the validity of the official document. 68

    1-1- The validity of the contents of the official document. 68

    1-2- The validity of the contents of the official document. 69

    1-3- Claim against the contents of the official document. 70

    1-4- Validity of official document before individuals. 71

    1-5- Validity of the official document. 71

    1-6- Provision of demand without depositing possible damages. 72

    1-7- Not including the passage of time and the possibility of issuing an executive order at any time. 73

    1-8- Invalidity and annulment of the arbitrator's decision in cases of disagreement with the contents of the official document. 74

    The second statement: Limits of the validity of a normal document. 74

    Third speech: Ability to cite official and normal documents. 77

    Fourth speech: A few points about the capability of documents. 78

    Part three: The concept of traditional writing and modern document

    Chapter one: Traditional writing and modern document. 81

    The first speech: the relationship between writing and document. 83

    The second speech: the difference between the modern document and the traditional writing. 84

    Chapter Two: Examples of documents during the time of the innocent ":". 93

    Page Title

    First Speech: The time of the innocent ":". 93

    The second speech: Determining the limits of Fadak by Imam Musa Kazem "7".96

    Chapter Three: Conflict. 104

    The first speech: the concept of conflict. 104

    1-1- Conflict between two normal documents. 106

    The second speech: conflict between two official documents. 110

    Third speech: original, copy and image of the document. 115

    Chapter 4: The origin of the name of the Persian Gulf according to the documents. 117

    Results and suggestions

    A- Results. 124

    B- Suggestions 125

    List of sources and sources. 126

    English abstract. 132

     

    Source:

    * Holy Qur’an (translated by Hazrat Ayat A. Nasser Makarem Shirazi)

    * Nahj al-Balagheh (translated by Professor Mohammad Dashti)

    A- Arabic sources:

    Ibn Abi al-Hadid. Description of Nahj al-Balagha. (twenty volumes). Qom: Ismailian Press Institute. 1378.

    Ahmed Al-Amini Al-Najafi, Abdul Hossein. Al-Ghadir in Al-Kitab and Al-Sunnah and Al-Adab. (eleven volumes). Second edition. Islamic Library. 1366.

    Akhund Khorasani, Mulla Mohammad Kazem. Adequacy of principles. (one volume). First edition. Qom: Al-Al-Bait Foundation ":". 1417 A.H.

    Halli researcher, Najm al-Din Jafar bin Hasan. The laws of Islam in matters of halal and haram. (four volumes). Translated by Abu al-Qasim bin Ahmad Yazdi. Fourth edition. Tehran: Tehran University Press. 1368.

    Halli, Miqdad bin Abdullah Siori. Kanz al-Irfan in fiqh al-Irfan. (two volumes). First edition. Qom: Mortazavi Publications. 1425 A.H.

    Sheikh Ansari, Morteza bin Muhammadamin. Al-Makasab al-Muharma, al-Bi'a, and al-Khiyarat. (three volumes). First edition. Qom: Dar al-Zakhair Publications. 1411 A.H.

    Ravandi, Qutb al-Din, Said bin Abdullah. Jurisprudence of the Qur'an (two volumes). Second edition. Qom: Publications of Ayatollah Murashi Najafi Library. 1405 A.H.

    Zamakhshri, Mahmud. Al-Kashshaf on the hidden facts of Al-Tanzil. (four volumes). First edition. Beirut: Dar al-Kitab al-Arabi. 1407 A.H.

    Qurtubi, Muhammad bin Ahmad. Al-Jami Lahkam Al-Qur'an. (twenty-one volumes). Tehran: Nasser Khosro Publications. 1364.

    Majlesi, Mohammad Bagher bin Mohammad Taqi. Bihar al-Anwar al-Jameeh lederer Akhbar al-Imam al-Athar «:». (Thirty-three volumes). First edition. Beirut: Al-Tabar and Al-Nashar School. 1410 A.H.

    Muzaffar, Mohammad Reza. Writing principles of jurisprudence. (one volume). First edition. Lily Publishing Company. 1377 AH.

    Imam Khomeini, Seyyed Ruhollah. Kitab al-Bai. (one volume). First edition. Qom: Organization for editing and publishing the works of Imam Khomeini. 1428 A.H.

    Naini, Mohammad Hossein. Benefits of Asul. (six volumes). Sixth edition. Qom: Society of teachers of Qom seminary. 1376.

    Najafi, Mohammad Hassan. Jawaharlal Kalam in the explanation of the laws of Islam. (Forty-three volumes). Third edition. Tehran: Islamic Library. 1362.

    Mahmoudi, Rumi Baghdadi, Yaqut bin Abdullah. Al-Baldan dictionary (five volumes). First edition. issued 1397 A.H.

    B- Persian sources:

    Ahmadi Mianji. Private property in Islam. (one volume). First edition. Justice publication. 1382.

    Emami, Seyedhasan. Civil rights. (six volumes). The seventh edition. Tehran: Islamic Publications. 1368 Sh.

    Emrai, Yunus. Limitations of effect and credit of notary public. (one volume). Second edition. Tehran: Javadane Publications. 2013.

    Amirzadeh Jirkali, Mansour. Procedure in Alevi language. (one volume). First edition. Mashhad: Zareeh Aftab Cultural, Artistic and Publishing Institute. 1390 Sh.

    -. An introduction to the rules of jurisprudence and law. (one volume). First edition. Mashhad: Astan Quds Razavi Printing and Publishing Company. 1382.

    Ansari, Mohammad Bagher and Seyyed Hossein Rajaee. Secrets of Fadak. (one volume). Second edition. Qom: Zareeh Aftab Cultural, Artistic and Publishing Institute. 2013.

    Completion of Homayoun, Nasser. Persian Gulf (one volume). Second edition. Tehran: Publications of the Cultural Research Office. 1380.

    Jaafari Langroudi, Seyyed Mohammad Jafar. The influence of will in civil rights. (one volume). Tehran. 1349 Sh.

    -. Legal terminology. (one volume). 19th edition Tehran: Ganj Danesh Library. 1387 Sh.

    -. Encyclopedia of Islamic Sciences. (two volumes). First edition. Ganj Danesh Publications. 1361.

    Jaafarian, Rasool. Political history of Islam. (three volumes). First edition. Tehran: Ministry of Culture and Islamic Guidance. 1371.

    Dehkhoda, Ali Akbar. dictionary (Fifty volumes). Tehran: Tehran University Press. 1334 Sh.

    Stoudeh, Manouchehr. Hadd Al-Alam from the East to the Maghrib. (one volume). Tehran: Tahori Library Publication. 1983.

    Shams, Abdullah. Civil procedure. (three volumes). Fourth edition. Tehran: Mizan Publishing. 1382 Sh.

    -. Civil procedure. (three volumes). Third edition. Drak Publications. 1384 Shahri, Gholamreza. Real estate registration rights

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