نشریه دین و قانون
سال پنجم شماره 15 (بهار 1396)

Although it has been for three decades that the law of without-riba (no-usury) banking operations with its unique features has been implemented, the practical difficulties and shortcomings of the contracts, especially contracts of partnership, have led to many bank transactions in the form of non-partnership contracts. The banking system is an important and influential component of each country's economic system. One of the challenges of the without-riba banking system is the issue of asymmetric information between the bank and the applicant in the contracts of partnership. The existence of asymmetric information leads to the emergence of adverse selection and moral hazard in the markets. Responding the main question of the research, that is, what the ways of adverse selection and moral hazard management in San'at o Ma'dan Bank are, and also taking advantage of descriptive-analytical method, the study examines some hypotheses which state that several ways, including screening and monitoring, long-term relationship with the bank, and the loan services’ facilities are very effective for handling adverse selection and moral hazard. The findings of the study indicate that through the methods of management and control, San'at o Ma'dan Bank, focus its attention on the thorough investigation of the bill and the required supervision. Consequently, the proposed bill of the Islamic Consultative Assembly through presenting some methods can manage these two problems for the banks which use contracts of partnership.

The famous fatwa issued by fuqaha (supreme religious authorities) which has been manifested in Article 513 of the Islamic Penal Code (1392) states: "If someone calls and pulls out another person from his residence at night, in case of disappearing, death or murder of the invited person, the inviter will be counted the guarantor of the diyah[1]”. The jurisprudential document of this article, which contains an exceptional rule and also it is contrary to the original decree, is two narrations from Abdullah-ibne- Maymoon and Ibn-e Abal-Miqdam. Investigating the narrative documentation of the article, the present study struggles to find an appropriate answer to this question: “Does any type of call or invitation – whether in person or not, directly or indirectly – invoke responsibility  for the inviter, or the calling and taking someone out overnight invoke responsibility only in certain circumstances?” By clarifying the answer to this question, the ambiguities that exist in this respect in article 513 of the Islamic Penal Code will be resolved.

Today, it can be claimed that health care and health services in the field of social security programs are the most accepted services of the health system, which is implemented more or less in most countries of the world. In addition to the specific condition occurring during illness (and pregnancy), additional costs are imposed on individuals during this period. For this reason, the merits of this section of the social security system are of particular importance. Although the health system implemented in the social security package of Iran and Germany has advantages and disadvantage in its legal aspect, Germany enjoys a more successful system in this area because of its extensive social insurance record. Health-related programs in Iran suffer from shortcomings, problems, and structural and fundamental barriers which are all in need of the experiences of the successful patterns to be removed so that the pave is grounded for the social security system to succeed in health issues.

In this article, we are going to examine the principle of the rule of law, which is one of the main components of the legal positivism movement and the democracy system, according to the contemporary religious scholars of Iranian constitutional movement. In this regard, considering the concept of the rule of law and the related viewpoints of religious scholars, two approaches toward this concept can be deduced. First, some scholars such as Allameh Nayini and Akhund Khorasani tried to reconcile the notion of the rule of law and religious doctrines and create harmony between the two. Of course, sometimes, this harmony inflicted with some problems or imbalances concerning some of the components of the rule of law, including freedom and equality. The second group of scholars including Sheikh Fazlollah Noori believed that the rule of law was in conflict with religious law and rules. They believed that Muslims' needs can be fulfilled only through religious laws and rules and thus there is no need to make constitutional law. This group of scholars’ views were incompatible with the components of the rule of law. The scholars holding these views did not believe in common principles such as freedom and equality. Issues such as the separation of powers, equality, freedom and constitutional law were among the issues towhich the mentioned scholars objected.

Prior to the emergence of the monetary economy, most of the owqaf have focused on the waqf of real estate. However, with the monetary economy becoming more widespread, the discussion of waqf of money has found a very special status in scientific communities. Regarding waqf of money there exists discrepancy of ideas among fuqaha. The origin of this difference is the existence or non-existence of shart-e baqa’ in farz-e intefa’ on the property of the endowment. Through the three approaches of the method of the antecedent, legal method, and ertekazi method, the current study attempts to prove that the nature of the money and the nature of the endowment is the survival of the endowed property on the basis of the premise that profit should remain continuous, that is, it should not be finished or decreased in value. Then, by constructing a rational argument, the study proves that whatsoever has the possibility of being preserved on the condition of the survival of the profit, its endowment is lawful. Money per se possesses the value, and has the possibility of survival in farz-e intefa’ (i.e., has the ability to survive in the assumption of profits), and according to the above reasoning, waqf of money is not against waqf laws. From this perspective, this library research can be regarded as a step forward in the idea of ​​modification of the waqf of money. Accordingly, the study seeks to correct the waqf of money on the basis of the nature of waqf and money in the economy through antecedent, legal, and ertekazi methods. In addition, employing ertekazi method in recognizing the nature of waqf and money is one of the suggestions of the research.

Following the phenomenon of globalization and, consequently, the outsourcing of jobs and the industrialization of services, new challenges have been created for governments, workers and employers. Many European countries have found that the main challenge for employment is the labor market's flexibility. Therefore, they have taken measures to deregulate their labor markets and made considerable efforts to increase the flexibility and reduce the levels of labor market security through deregulation. The present article is a descriptive-analytic research wherein the main issue is studying the developments in the field of labor relations in the international arena from the perspective of flexibility. To explore the issue, the appropriate research methods are used for the present study. For that reason, the relevant information is gathered through taking advantages of library research and then content analysis is done. The research findings indicate that the main condition for improving the employment situation and reducing unemployment is deregulation of the labor market and its affiliated institutions. Likewise, the experience of European countries is a good example for introducing changes and reforms in the labor market and national debates.