Jurisprudential Kurdology The precedence of official documents over the ordinary in the system of Islamic jurisprudence (Proposal to amend the document registration law)

Following the words of the Imami jurists indicates that they did not consider the written documents valid except in the case of a will. At present, however, most of the UAE is in the public domain in the form of ordinary, official written documents. On the one hand, there is no ordinary and official...

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Main Authors: Mahdi Sajedi, Navid Emsaki
Format: Article
Language:fas
Published: Semnan University 2021-11-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_5900_ac9b12dd5e275400130dbbd022380c0f.pdf
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author Mahdi Sajedi
Navid Emsaki
author_facet Mahdi Sajedi
Navid Emsaki
author_sort Mahdi Sajedi
collection DOAJ
description Following the words of the Imami jurists indicates that they did not consider the written documents valid except in the case of a will. At present, however, most of the UAE is in the public domain in the form of ordinary, official written documents. On the one hand, there is no ordinary and official title in jurisprudential rulings and there is no ruling on these titles. On the other hand, sometimes there is a conflict between these documents in order to prove ownership. They place the banat on the parties to the dispute. However, it seems that with the new subject matter of written documents, these documents can be considered as a written confession, which is accompanied by numerous evidences regarding its contents. Provisions whose authenticity can be verified and validated. In this case, according to the various systems that exist or can be created to verify the contents of official documents, these documents can be useful as a stronger assurance or suspicion than ordinary documents and have the ability to take precedence over ordinary documents in judicial courts. To be. The Islamic ruler can also, in order to regulate the transactions and prevent the disruption of the system and close the door of abuse, make the influence of ordinary transactions on the rights of third parties conditional on obtaining or ensuring the accuracy of the provisions of ordinary documents and thus the public Encourage the conversion of ordinary documents into formal ones.
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spelling doaj.art-9a7dc58710384ec1842acc000000526d2024-02-23T23:20:50ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302021-11-01132528931210.22075/feqh.2021.24388.30085900Jurisprudential Kurdology The precedence of official documents over the ordinary in the system of Islamic jurisprudence (Proposal to amend the document registration law)Mahdi Sajedi0Navid Emsaki1Assistant Professor of Quran and Hadith UniversityPhD student in Jurisprudence and Fundamentals of Law, University of Tehran (Farabi Campus)Following the words of the Imami jurists indicates that they did not consider the written documents valid except in the case of a will. At present, however, most of the UAE is in the public domain in the form of ordinary, official written documents. On the one hand, there is no ordinary and official title in jurisprudential rulings and there is no ruling on these titles. On the other hand, sometimes there is a conflict between these documents in order to prove ownership. They place the banat on the parties to the dispute. However, it seems that with the new subject matter of written documents, these documents can be considered as a written confession, which is accompanied by numerous evidences regarding its contents. Provisions whose authenticity can be verified and validated. In this case, according to the various systems that exist or can be created to verify the contents of official documents, these documents can be useful as a stronger assurance or suspicion than ordinary documents and have the ability to take precedence over ordinary documents in judicial courts. To be. The Islamic ruler can also, in order to regulate the transactions and prevent the disruption of the system and close the door of abuse, make the influence of ordinary transactions on the rights of third parties conditional on obtaining or ensuring the accuracy of the provisions of ordinary documents and thus the public Encourage the conversion of ordinary documents into formal ones.https://feqh.semnan.ac.ir/article_5900_ac9b12dd5e275400130dbbd022380c0f.pdfordinary documentofficial documentwritten documentsislamic rulerregistration of documents
spellingShingle Mahdi Sajedi
Navid Emsaki
Jurisprudential Kurdology The precedence of official documents over the ordinary in the system of Islamic jurisprudence (Proposal to amend the document registration law)
مطالعات فقه و حقوق اسلامی
ordinary document
official document
written documents
islamic ruler
registration of documents
title Jurisprudential Kurdology The precedence of official documents over the ordinary in the system of Islamic jurisprudence (Proposal to amend the document registration law)
title_full Jurisprudential Kurdology The precedence of official documents over the ordinary in the system of Islamic jurisprudence (Proposal to amend the document registration law)
title_fullStr Jurisprudential Kurdology The precedence of official documents over the ordinary in the system of Islamic jurisprudence (Proposal to amend the document registration law)
title_full_unstemmed Jurisprudential Kurdology The precedence of official documents over the ordinary in the system of Islamic jurisprudence (Proposal to amend the document registration law)
title_short Jurisprudential Kurdology The precedence of official documents over the ordinary in the system of Islamic jurisprudence (Proposal to amend the document registration law)
title_sort jurisprudential kurdology the precedence of official documents over the ordinary in the system of islamic jurisprudence proposal to amend the document registration law
topic ordinary document
official document
written documents
islamic ruler
registration of documents
url https://feqh.semnan.ac.ir/article_5900_ac9b12dd5e275400130dbbd022380c0f.pdf
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