Jurisprudence and philosophical studies: 4 (35)

Open Access Article

1 - The criminal responsibility of barbers for damaging the customer from the point of view of current jurisprudence and current Iranian rights
ahmad moradkhani fatemesadat taheri

Criminal responsibility of women's hairdressers is in order to be accountable for health violations and harm customers. The present paper, by means of library and documentation, seeks to explain the criminals' liability for harm to the customer, which according to the a More

Criminal responsibility of women's hairdressers is in order to be accountable for health violations and harm customers. The present paper, by means of library and documentation, seeks to explain the criminals' liability for harm to the customer, which according to the abovementioned materials can be said to be harmful, occurrence Damage, the rule of thumb is one of the most important conditions for the criminalizing of barbers 'criminals' liability for damage to the customer. The realization of the causal relation between the hairdresser's verb and the harm done to the client is a fundamental condition of the criminals' liability for barberists that the unauthorized acts and their involvement in medical professions are another condition of the criminally responsible hairdressers, so that most of the barber's crimes in the present age in this regard That the physical and financial penalties and penalties are one of the most important responses of Iran's criminal policy towards harming the client. In the jurisprudence, to the extent that the body and soul of the individual are protected, the intellectual property is also protected by the legislature. Manuscript profile

Open Access Article

2 - Critical review of the use of the term Islamic punishments
HOSSEIN ANDALIB Mohammadail Heidari Ahmadreza Tavakooli

After the entry of the term "Sharia law" in the Islamic Penal Code of 1392, There were ambiguities for lawyers and judgesAnd due to the lack of definition of this term by the legislator, discussions and controversyquestions in this study are whether Ertekaz has a role i More

After the entry of the term "Sharia law" in the Islamic Penal Code of 1392, There were ambiguities for lawyers and judgesAnd due to the lack of definition of this term by the legislator, discussions and controversyquestions in this study are whether Ertekaz has a role in deducing legal- jurisprudence law or not, and whether the mujtahid necessarily pays attention to the Ertekaz in common law or not. The hypothesis of this research is in view of the fact that the saint legislator speaks to the people as a law maker to guide them and also he considers their perceptions (Ertekazat) and if he does not accept that, he explicitly proclaims to prevent them from being deviated. The great jurists have repeatedly relied on this rule in the interpretation of religious texts, and they have deduced the religious judgment from this point of view. The researchers in this study tried to revive the magnificent capacities of Ertekaz through presenting its comprehensive definition and explaining its aspects. The findings of this study showed that the law of Ertekaz had effects on interpreting the religious texts, providing some law, and preventing long discussions on the principles of Islamic jurisprudence. Manuscript profile

Open Access Article

3 - Inheritance in the assumption of religious differences
maryam kohansal سیذمهدی میرداداشی محمد صادقی

The division of the deceased’s inheritance/legacy among his/her heirs is an issue regarding which each heavenly religions has its own specific rules and regulations. As there are some differences regarding the inheritance in the Fiqh (Jurisprudence) of the religi More

The division of the deceased’s inheritance/legacy among his/her heirs is an issue regarding which each heavenly religions has its own specific rules and regulations. As there are some differences regarding the inheritance in the Fiqh (Jurisprudence) of the religions, for instance though some subjects like oal (literally means domination and increase) and Taseeb (literally and legally means paternal relative, and legally it means the rejection of the amount of inheritance that is more than the share of heirs) are not covered by the Shiite Fiqh, such subjects and the rules regarding the inheritance are recognized by the State laws for respecting the followers of other heavenly religions. However the problems raises if the legator and inheritor/s are of different religions. For example when the deceased is Sunni and the inheritor is Shiite or vice versa. Given that the inheritors are not of the same religion and considering the differences in the Islamic sects regarding the rules around the legacy, a question raises that what will be the criteria for decision making in this regard? Answering the above question, it should be mentioned that: In accordance with the single Article on the permission for observing the status of the non-Shiite Iranian individuals, passed in 1933, and the explicitation made by the second clause of said article, and according to the advisory comments issued in this regard and the analysis of the reasons dealt with by the present study, the above mentioned Act shall be enforced. Manuscript profile

Open Access Article

4 - The role of the rule of loss in proving civil responsibility of the state
mohammad daneshnahad abolfazl alishahi

The "wasting" rule is one of the basic rules of civil responsibility in the state, which in some circumstances is the guarantor of the state, and in some other cases the state is not responsible and the person concerned, whether it is a state official or other persons w More

The "wasting" rule is one of the basic rules of civil responsibility in the state, which in some circumstances is the guarantor of the state, and in some other cases the state is not responsible and the person concerned, whether it is a state official or other persons who have worked in the realization of the concept of source wasting, Guarantors. In this research, based on jurisprudential issues and considering the role of this rule in the laws, the position of the principle of loss in the civil responsibility of the state has been addressed, such as the loss of state property, the wasting of the property of the people, the loss caused by non-enforcement of law, the resulting loss The implementation of the false rules and losses caused by the commission in the government guarantee has been investigated and criticized. One of the results of the research is that if a government official misidentified the government, he will be the guarantor of compensation, and if the loss is not the same, the state will be the guarantor of the compensation; if the municipal officials, with the permission and observance of the points Safety, loss, will not be guarantor; otherwise, the guarantor will incur damages; in the implementation of false rules, if the implementers of these policies are aware of its detriment, should partly compensate for the damage, and the other part by the government, As one of the factors causing damage, Manuscript profile

Open Access Article

5 - Examination of the jurisprudential justification for pardon and intercession in limiting offenses
seyedmorteza aghaei reza daneshvarsani davoud dadashnejad

Amnesty and intercession are two judicial remedies that if a judge evaluates the usefulness of nonenforcement, the judge can apply them to non enforcement. In this approach, the punitive response is an ijtihad, in which the judge discovers and adopts the most effective More

Amnesty and intercession are two judicial remedies that if a judge evaluates the usefulness of nonenforcement, the judge can apply them to non enforcement. In this approach, the punitive response is an ijtihad, in which the judge discovers and adopts the most effective measures to correct and treat the offenders in order to obtain a variety of materials.The ruler does not enforce some penalties and substitutes for some punishments by applying secondary sentences and the element of expediency in cases of conflict between the law's provisions and the likelihood of the circumstances affecting that sentence. Therefore, it is necessary to consider the punishments of time, place, and persons in the execution of penalties, especially in the form of minor offenses, which can also be achieved through measures such as amnesty and intercession. Therefore, the authors of this article have descriptively and analytically examined the jurisprudential arguments of pardon and intercession and its scope. Manuscript profile

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