"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract Abstract
This article was done with the title of describing the portability of commercial documents and promissory notes. Its purpose is to identify and explain the description of the ability to transfer commercial documents. The results of the research are: The characteristics of commercial documents, such as: promissory note, promissory note is the result of commercial and commercial needs that are affected by three main needs: speed, ease and security of business relations. Is. The legislature has stated the principles governing commercial documents in order to protect individuals and social security and to expand trade, and traders can use these documents in transactions. The most important principles governing commercial documents include the principle of non-attention to objections, the principle of independence of signatures, the principle of independence of obligation, the principle of employment of liability and the principle of debt, the abstract principle of the principle of transferability of commercial document. Paragraph 8 of Article 2 of the Commercial Code considers commercial transactions to be commercial, whether between a trader or a non-trader. According to Article 309 of the Commercial Code, all regulations regarding commercial brokers in the case of promissory notes must also be observed. So that with each endorsement and transfer, it increases the validity of the commercial document.

Abstract Abstract

Research Aim: The present study, with the aim of explaining consensual divorce, tries to find out how this type of divorce is performed, legal weaknesses and the reasons for divorce applicants' desire for such a divorce. It also seeks to examine the validity and manner of divorce in France by examining French law.
Research method: Using the contents of the law, the library method was used to extract legal inadequacies and weaknesses in this case.
Findings: The findings indicate that there is no clear definition of consensual divorce and its nature, increasing statistics of consensual divorce, legal problems in the certificate of impossibility of compromise, and lack of executive guarantees and adequate supervision for some provisions of consensual divorce.
Also, in French law, there is no precise definition of consensual divorce and this title has been included in the civil law of this country only due to the needs of the society.
Conclusion: If a comprehensive and complete definition of consensual divorce is provided by the legislature and laws and regulations are passed in favor of women who intend to consensual divorce, the instances of hardship will be determined correctly and transparently and in accordance with the above cases for permitting divorce. With the current situation in the society, adding other cases, or creating a solution to expedite and facilitate the proof of these cases, will all cause the couples who are seeking divorce to enjoy complete security.

Abstract This essay examines the application of customary practices in worship (ablution, tymim, salah al-waqi) in a descriptive-analytic manner. Tradition is widely practiced in jurisprudence, and this is well-known in jurisprudence books from Purgatory to Diet; Others have opposed the authority of custom, believing in its instrumental utility as a tool to serve other arguments. Islamic jurisprudential legal systems have been formed in the customary environment, although recognized as the source and basis of the validity of the laws of the will of the law, in many cases the law has signed or endorsed customary laws and regulations, thus applying customary law in the Islamic legal system. Implementing the rules is valuable, and in some cases the application of custom is very important when inferring sentences. In this study, the customary examples in ablution, tayammum, and salat al-waq are detailed.In this study, the customary examples in ablution, tayammum, and salat al-waq are detailed.
Keywords: custom, worship, ablution, tayammum, prayer, Hajj.

Abstract The phenomenon of asylum has existed since time immemorial and today in the 21st century is still one of the most important problems of the world community. Asylum is as old as human social life and a solution has been provided in every history and society according to the traditions and culture of that society. Throughout history, man has always tried to provide a suitable shelter to survive in the face of some natural and unnatural threats. Anyone who, for whatever reason, risks his or her life or rights has the right to seek refuge in another country. The existence of complete rules and regulations regarding asylum in jurisprudence, explicit reference to Quranic verses, Islamic traditions and jurists' opinions on the right to asylum and the importance and explanation of refugee rights are among the reasons for its comparative study with the 1951 Geneva Convention. Refugee rights are also emphasized in international law. Asylum in Islamic jurisprudence is also one of the institutions and rights that is referred to as "rent and safety". Despite the emphasis and formation of conventions and the adoption of various measures on asylum, due to the lack of enforcement guarantees in this regard, the host refugee states do not consider themselves obliged to comply with these provisions. This article, with an analytical-descriptive approach, comparatively examines the rights of asylum in jurisprudence and the 1951 Geneva Convention.