About the journal
Journal of Islamic Law & Jurisprudence Researches
• Country of Publication: Islamic Republic of Iran
• Publisher: Islamic Azad University of Babol Press
• Format: Quarterly
• Print ISSN: 5013 - 2645
• E-ISSN: 5021 - 2645
• Available from: http://ijrj.babol.iau.ir
• Acceptance Rate: about 6%
• Frequency: four issues a year
• Publication Dates: March, 2020; June, 2020
• Advance Access: No
• Language: English and Persian
• Scope: This journal publishes pedagogical research, case studies, and empirical research in all areas of Islamic law and jurisprudence.
- submission charge: free
• Article Processing Charges: 150000 Rials for the reviewing process and 350000 Rials for publishing
• Type of Journal: Academic and scholarly
• Open Access: Journal of Islamic Law and Jurisprudence Research is an open access journal and the PDF of all the articles can be downloaded without any limits.
• Indexed & Abstracted: Islamic World Science Citation Center (ISC), Noor, Magiran, Google Scholar
• Policy: All papers submitted to the journal are evaluated by a group of consulting editors to evaluate the content and format of the article. Papers also are assessed for originality, scientific quality, clarity of presentation, and conciseness. Before papers are sent for double blind peer review, they are screened for possible plagiarism, and authors must submit a Competing Financial Interests Declaration form. Papers selected for review are assigned to an Associate Editor, who identifies reviewers and makes recommendations to the Editor-in-Chief. Members of the Editorial Review Board serve as a pool of potential reviewers of papers. Both the Board of Associate Editors and the Editorial Review Board are composed of leading scholars in the field of Islamic law and jurisprudence.
• Review Time: 5 months
• Contact E-mail: baboljournal@gmail.com
• Alternate E-mail: majalehbabol@gmail.com
Address: Babol Branch, Islamic Azad University, Babol, Iran
Tel: +9832415078
Fax: +9832415078
Journal of Islamic Law and Jurisprudence Researches is an electronic open access, double blind peer-reviewed journal presenting timely research on all aspects of Islamic Law and Jurisprudence Researches
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Recent Articles
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Open Access Article
1 - Power of attorney
mohammad azadi mohammad jafari fsharakiIssue 75 , Vol. 20 , Spring 2024Well-known scholars in jurisprudence are of the opinion that the procuration is a contract, but verbal acceptance is not a condition and acceptance by conduct is sufficient, like when someone says to another, "you are allowed to sell my house on behalf of me" and he acc MoreWell-known scholars in jurisprudence are of the opinion that the procuration is a contract, but verbal acceptance is not a condition and acceptance by conduct is sufficient, like when someone says to another, "you are allowed to sell my house on behalf of me" and he accepts and sells. This research considers the validity of the sale in such a power of attorney by analyzing and explaining the famous expressions. It is not in terms of fulfilling procuration to request and acceptance, but in terms of the legitimacy of permission. Additionally, being interrogative, not having power of attorney, relying on concept reference in the state of discretion, and being unable to speak shows that the power of attorney is not limited to the contract . Rather, the correctness of acts of representation depends on permission. And the simile of the attorney only makes sense from this point of view. Therefore, there are two types of power of attorney, one in which acceptance is absolutely necessary. And a power of attorney in which vocable acceptance is not a condition .And the verbal acceptance is absolutely not the result. Manuscript profile -
Open Access Article
2 - A license to transplant a member from a defiled animal to a human
zahra akbarzadeh Hamid MasjedsaraeeIssue 75 , Vol. 20 , Spring 2024Scientific developments in various fields, Bob has opened up the discussion of issues in jurisprudence. Among the achievements of medicine and the method of modern treatments, on the other hand, the issue of health and saving human life is raised in it, and on the other MoreScientific developments in various fields, Bob has opened up the discussion of issues in jurisprudence. Among the achievements of medicine and the method of modern treatments, on the other hand, the issue of health and saving human life is raised in it, and on the other hand, it is، Its data is apparently in conflict with the rules and principles of jurisprudence, the issue of organ transplantation is from human or animal، In particular, the engineering of new biotechnological¬ reports the replacement of the member of the unclean animals to humans and its passage through the laboratory stage, while in jurisprudential sources, it is reported، The benefit of the confidant member of the unclean is haram. According to this point, some jurists recognize the lack of a license to act، In contrast, another view considers the emergency rule to be the rule of the initial order, and some others consider the benefit of the haram to be common intifada, and with this argument, it is considered، the organ transplant license is from the unclean animal. The present research, while reviewing and reviewing the votes, has obtained the license to link. Manuscript profile -
Open Access Article
3 - Examining jurisprudential opinions on the criminal responsibility of individuals in cyberspace
seyyed aliakbar bozorgnia Ali Faqihi Akbar FallahIssue 75 , Vol. 20 , Spring 2024Jurisprudence is one of the most extensive Islamic sciences and knowledge that have a constructive role in the lives of Muslims. In religious traditions, it is emphasized on "jurisprudence" and the learning of halal and haram issues and its significant role in human lif MoreJurisprudence is one of the most extensive Islamic sciences and knowledge that have a constructive role in the lives of Muslims. In religious traditions, it is emphasized on "jurisprudence" and the learning of halal and haram issues and its significant role in human life, so that prosperity and evolution Humanity depends on it. Among other things, in some narrations, learning the "laws of halal and haram" is mentioned as a duty of every Muslim, which should be learned from his family. It has provided advanced technologies, but at the same time, it has also created favorable conditions for the emergence of cybercrimes, which are committed by both natural and legal persons. The method of this article is analytical-descriptive, and the author in this article is looking for the question that Islamic jurists based on fourth evidences, what are their views on cyber issues centered on legal entities? Is it possible to point out some examples of legal entity issues related to cyber space in jurisprudence or not? It seems that considering the existence of legal entities and criminal liability in cyber space, although these issues are not directly discussed in jurisprudential sources, it is possible to justify the legality of criminal liability of legal entities in cyberspace with jurisprudential evidence. Manuscript profile -
Open Access Article
4 - An analysis of the types and examples of the apostate in Salafist jurisprudence with a focus on Ibn Taymiyyah's point of view
Hozehali bahrame maryamsadat hashemiIssue 75 , Vol. 20 , Spring 2024Apostasy, which means leaving the religion of Islam, is one of the fundamental concepts that has become a challenging issue among theologians, jurists and commentators since the beginning of the formation of Islam. After the death of the Messenger of God, the first prob MoreApostasy, which means leaving the religion of Islam, is one of the fundamental concepts that has become a challenging issue among theologians, jurists and commentators since the beginning of the formation of Islam. After the death of the Messenger of God, the first problem of the Caliph of the Muslims (Abu Bakr) was the attacks that started due to apostasy. Throughout the history of Islam, the concept of apostasy has become an argument for the discourse of Ahl al-Hadith and Salafism, and by using this concept, their opponents have accused themselves of apostasy and have committed many acts of violence and murder. In these days, the assassination of the apostate Salman Rushdie has once again raised the concept of apostasy in international news agencies. In the current situation, knowing the precise and far from distorted concept and nature of apostasy is a necessity. Based on this, the research is going to answer this specific question, who are the types and examples of apostates in the discourse of Salafists? With a document analysis method, he explored the Salafi texts focusing on Ibn Taymiyyah's point of view, and in the end he came to the conclusion that in the eyes of the Salafists, apostasy has a wide scope and includes many Islamic rulers and Islamic sects and sects, which has a significant meaning for the Islamic world. It is very harmful. Examples of apostasy range from denying the Most High in His Names and Attributes to attributing reprehensible attributes to mocking and mocking God and His Messenger. It includes the necessary denial of religion and the abandonment of prayer, as well as philosophers and mystics and many nobles and those who bow down to the rituals and festivals of Christians and associate with infidels and intercessors other than God. Manuscript profile -
Open Access Article
5 - The necessity of the intervention, done by government, in generation prohibiting in Iran's legal System (Regarding the note of Article 23 of the Family Support Law)
saeedh Tamizkar Atefeh Abbasi , Maryam Sadat Mohaghegh DamadIssue 75 , Vol. 20 , Spring 2024According to the Article note 23 of the Family Support Law approved in 2011, in the situation where a contagious and dangerous disease of the couple causes damage to the fetus, medical and educational care and supervision should lead to the prohibition of generation. Co MoreAccording to the Article note 23 of the Family Support Law approved in 2011, in the situation where a contagious and dangerous disease of the couple causes damage to the fetus, medical and educational care and supervision should lead to the prohibition of generation. Considering that any intervention of the government in the privacy of the family requires jurisprudential and legal justification; This article tries to answer this main question with descriptive analytical method: "What are the jurisprudential-legal arguments for the government's intervention in generation prohibiting? And what is the necessity of governmental intervention? ». The method of qualitative article is descriptive-analytical and the method of collecting data is library and through taking notes. reasons such as excessive economic, medical and health costs; public health threats; cultural problems; Generational risks and the decline of national authority are among the reasons that justify the need for government intervention. The jurisprudential legal basis of this necessity is to eliminate the conflict between the public interest and the family's privacy, which on the basis of an important rule, the public interest is prioritized and the prohibition of generation is justified. Manuscript profile -
Open Access Article
6 - Civil Liability of Owner of Conventional and Non-Conventional Pets in Iranian Law and Islamic Jurisprudence
Mohammad Sadegh Hafezi Ghahestani شکرالله نیکوند عبدالعلی محمدی جوزانیIssue 75 , Vol. 20 , Spring 2024According to their instinct, pets have a relative will, and for this reason, they may cause damages to individuals or their properties, for which the owner of the pet is responsible for compensation. In the laws of some countries, the responsibility of pets is the respo MoreAccording to their instinct, pets have a relative will, and for this reason, they may cause damages to individuals or their properties, for which the owner of the pet is responsible for compensation. In the laws of some countries, the responsibility of pets is the responsibility of the owner, and the owner is a person, including the owner, possessor, and keeper, who is tasked with care and control of the pet's actions. However, except in the mandatory insurance law, the word "owner" is not mentioned in our legal texts and the responsibility caused by pets does not have a separate title and is stated scatteredly in various laws. In addition to this, there is no specific division in Iranian law indicating the difference between pets according to whether the pet is conventional or non-conventional with the place of keeping and, consequently, the extent of the owner's civil responsibility and the basis governing it. However, it seems necessary to investigate the various regulations of the country with the help of the verses of Quran, words narrated by the Innocents (PBUH), and valuable references of jurisprudence due to the increase in the willingness of people to keep pets, especially unconventional pets that are not compatible with the place of keeping based on characteristics such as inappropriate sound or the possibility of serious injury, and cause damages in some cases. Therefore, while paying attention to the division of pets and paying a special attention to the regulations that have been given less attention, to the legal aspects of this responsibility from a new perspective in the present paper, the responsibility of the pet boarding house or the responsibility of keeping pets in apartments is addressed while referring to new legal issues including the owner's responsibility against the damages caused to the pet so that the way is paved for the amendment and completion of the provisions related to the responsibility arising from the ownership of pets in the Iranian law. Manuscript profile -
Open Access Article
7 - Explaining the establishment of suspension contracts from the perspective of Iranian jurisprudence and public law
mohammadhosein Sayahi gholamali seifi zeinab Rahim SayahIssue 75 , Vol. 20 , Spring 2024Understanding suspended contracts and determining their place in Iranian jurisprudence and explaining their nature in various forms are challenging issues in the Iranian legal system. However, the existence of different thoughts and ideas regarding the validity or inval MoreUnderstanding suspended contracts and determining their place in Iranian jurisprudence and explaining their nature in various forms are challenging issues in the Iranian legal system. However, the existence of different thoughts and ideas regarding the validity or invalidity of suspended contracts has created doubts about their effectiveness. Some Islamic jurists consider suspension in contracts to be invalid, arguing on the basis of rational and textual arguments, the lack of establishment of enforceability, and the incompatibility with the certainty of contracts. This is because the purpose of the contracting parties in establishing contracts is to create obligations and realize the effects of the contract. It seems that with the acceptance of suspension in inception and its attachment to enforceable contracts, the justification of suspended contracts in Iranian law is possible within the framework of suspensive conditions. In this regard, those who believe in the validity of suspension, using a descriptive-analytical method and referring to examples of suspended contracts in jurisprudence and law, argue on the basis of the necessity and rationality of developing and benefiting from suspended contracts and avoiding incorrect jurisprudential insights (non-acceptance of suspended contracts) believe that it is necessary to consider the conclusion of contracts in a suspended manner in Iranian law. The conclusion is that, by analyzing and utilitarianism of suspension in contracts, and also by criticizing the identification of the logic of jurisprudence and law in legalism with a new approach to civil sociology (drafting laws that are in the best interests of society) and turning away from the misconception of the inadmissibility of using analogy in jurisprudential interpretation to explain suspension in contracts on the basis of rationality, and avoiding formalism and the independence of the system of thought of jurists is necessary. Manuscript profile -
Open Access Article
8 - Jurisprudence and Legal Foundations Affecting the Joint Venture Contract in Technology Transfer
farhad shadman حمید ابهریIssue 75 , Vol. 20 , Spring 2024Joint Venture, as a key contract in international partnerships, has several features that determine the way these elements are set on the scope of technology transfer. Despite the familiarity of our legal system with joint ventures, the legal basis of technology transfe MoreJoint Venture, as a key contract in international partnerships, has several features that determine the way these elements are set on the scope of technology transfer. Despite the familiarity of our legal system with joint ventures, the legal basis of technology transfer has not yet been clarified and this issue has caused that, unlike countries like Egypt, it has been difficult to formulate a comprehensive and specific law for technology transfer or at least be delayed. The success of the technology transfer process in the joint venture depends on the size and quality of the support provided by the legislator. In this regard, governments implement support strategies along with restrictive policies, and they have implemented several legal protections such as guaranteeing technology, non-discrimination, transferring the principle and profit of technology, avoiding double taxation, freedom in the form of capital transfer involving knowledge, accepting out-of-court dispute settlement, and sometimes even reducing import tariffs and equipment; A case that has not been seriously considered in the laws related to investment. Our legal system, apart from the Investment Promotion Law and Article 107 of the Fifth Development Plan Law, does not have a codified provision for organizing the transfer of technology either through a joint investment channel or transfer in the form of a special contract. Regarding the facilitating and encouraging effect of Article 107, it should be said that its interpretation brevity and ambiguities have prevented the article from playing such a role. In terms of jurisprudential foundations, the rule of negation of mustache, the principle of Islamic dignity, the necessity of gaining economic independence, and the generality of the permissibility of trading with foreigners, the rule of negation of harm and the rule of commitment, can be proposed as general bases in justifying the transfer of technology. And in terms of special foundations, the ownership of technical knowledge, the right to learn, the unity of the criteria inferred from the permissibility of mudarabah and farming with a foreigner, the non-exclusivity of the contract to specific contracts, the principle of the validity and capacity of the partnership contract in jurisprudence, the contract of make order can be cited in this regard, except in exceptional cases, the taste of Sharia and jurisprudence implies the permissibility and even the necessity of technology transfer. On the other hand, the limits and limitations of technology transfer are subject to the will of the parties, but the legislator can set limits on the transfer of technology in Joint Ventures based on expediency. Joint Venture includes obligations, among which are the condition of technology transfer, technology owner's commitment to training, submission of documents and disclosure of technical secrets to the partner, special conditions of Joint Venture, whose scope and quality have a significant impact on knowledge transfer. Therefore, considering the importance of the subject, in this article, an attempt was made to analyze and evaluate the jurisprudential bases and effective contractual conditions of Joint Venture in technology transfer in detail. Manuscript profile -
Open Access Article
9 - Investigation of Verdict of Homicide Due to Mistaken Target in ImamiyaFiqh
elham salehi Aliakbar jahaniIssue 75 , Vol. 20 , Spring 2024Mistake in murder is one of the controversial issues in jurisprudence and criminal law, and its different forms include: mistake in identity, mistake in purpose, and mistake in action. Considering the fact that the legislator in the Islamic Penal Code approved in 2012 h MoreMistake in murder is one of the controversial issues in jurisprudence and criminal law, and its different forms include: mistake in identity, mistake in purpose, and mistake in action. Considering the fact that the legislator in the Islamic Penal Code approved in 2012 has explicitly discussed the mistake in identity, but the sentence of the other two cases has not been specified in the law, among the great jurists and according to them, among the jurists, in the sentence of mistake in the purpose of the dispute. Is. What is debatable about the issue of mistake in the target is whether the murder caused by the mistake in the target is considered intentional or pseudo-intentional or a pure mistake? Does the perpetrator deserve retribution or should he pay ransom? Considering the legal gap that exists in this type of murder, re-reading and criticizing the foundations of jurisprudence in a library and documents method as well as using a descriptive-argumentative and analytical-interpretive method indicates that whenever a life is killed in If the target is mistakenly committed to murder against him, the act committed is considered as intentional and the murderer will be entitled to pay the ransom, unless the perpetrator of the murder is the target person, but due to a mistake in the target, the shot hits another target, which is not his intention. and is killed and there is a possibility of injury, in this case it is considered intentional murder. Manuscript profile -
Open Access Article
10 - Critical analysis of the jurisprudential theory of the lack of effect of permission after rejection in a nosy contract
hojat AZIZOLAHIIssue 75 , Vol. 20 , Spring 2024According to the authoritative texts, one of the conditions for the transfer of property to another property is the owner's consent; Therefore, since this consent is not clear in the nosy contract; The holy law considers the validity of this contract dependent on the pe MoreAccording to the authoritative texts, one of the conditions for the transfer of property to another property is the owner's consent; Therefore, since this consent is not clear in the nosy contract; The holy law considers the validity of this contract dependent on the permission of the owner; The jurists have stated conditions for the influence of this permission; Some of these conditions are coincidental, and in others there is a difference of opinion between the jurists, which includes the non-precedence of rejection of permission; The famous jurists have considered the requirement of this condition and in this regard they have relied on evidence such as consensus, the decline of the title of marriage, the rule of subordination and the principle of companionship; Article 250 of the Iranian Civil Code also follows the famous jurists in this case; The present study, using descriptive-analytical method, first deals with the controversy in the evidence of this theory, and then by insisting on the Saheeh of Muhammad Bin Qais and explaining the nature of transactions and the discovery of permission, it finds this requirement invalid; Therefore, it seems necessary to revise and amend the mentioned article. Manuscript profile -
Open Access Article
11 - Desecration of religion and faith "A study on documentation, examples and scope of application"
ALI MOHAMADIAN leyla mehrabirad Mohammad ZobdehIssue 75 , Vol. 20 , Spring 2024Today, due to the spread of mass media and the reflection of the performance of religious currents in the international space, we often see that jurists warn their followers from doing a certain act based on the fact that that act causes denigration of religion or faith MoreToday, due to the spread of mass media and the reflection of the performance of religious currents in the international space, we often see that jurists warn their followers from doing a certain act based on the fact that that act causes denigration of religion or faith. Even from the study of the opinions of the jurists, it can be used that "infringement of religion or faith" is one of the titles that governs the arguments of the primary rulings as rules such as harmlessness and harmlessness. Considering the necessity of codifying the said title, as a rule that can have the scope of all the chapters of jurisprudence and play an irreplaceable role in the international arena and prevent damage to the organization of religion and present a refreshing image of the Sharia, the present essay looks for the documents. A jurist has gone and after proving the mentioned rule by showing evidence from Arba'ah, he has studied the application of the rule in the words of the jurists and then he has examined the scope and extent of the title of "Religion and faith". Manuscript profile -
Open Access Article
12 - Paying a bribe in order to achieve the right (criticism of popular opinion, with a social approach to jurisprudence)
Alireza Norouzi seyed mojtaba mirdamadi Ebrahim SafikhaniIssue 75 , Vol. 20 , Spring 2024The sublime laws of Islam are legislated with the aim of perfection and happiness of the society and its people. The sanctity of bribery is one of the divine commandments that has been stated to prevent social and economic corruption and violation of rights. The sanctit MoreThe sublime laws of Islam are legislated with the aim of perfection and happiness of the society and its people. The sanctity of bribery is one of the divine commandments that has been stated to prevent social and economic corruption and violation of rights. The sanctity of bribery is common among all Muslim sects. However, an issue that has always been a subject of debate is the ruling on paying bribes in order to fulfill the right, especially in the case of exclusive rights. By analyzing and criticizing the bases and arguments of the views proposed in this field, the present research has chosen the unpopular theory and reached the conclusion that bribery in order to achieve justice is absolutely forbidden for the bribe giver and the bribe taker. In order to find the answer to the problem, after analyzing and correctly addressing each of the points of view, and in addition to applying the principles of Muslim jurisprudence, finally, with the governmental and social approach to jurisprudence, as well as using the method of gathering suspicion, the problem has been solved. Manuscript profile
Most Viewed Articles
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Open Access Article
1 - Decline or Trusteeship Trustee
iman dehghani mohammadreza fallah yousef jamshidiIssue 35 , Vol. 0 , Summer 2014In according to benefaction rule, the trustee is not responsible for defect or spoil of trust property. Restitution property, in simulate of implement, is his (or her) troth. Should be known that many assumptions are thinkable in it that is not simplicity of analysis. I MoreIn according to benefaction rule, the trustee is not responsible for defect or spoil of trust property. Restitution property, in simulate of implement, is his (or her) troth. Should be known that many assumptions are thinkable in it that is not simplicity of analysis. In abusive assumption, someone that are broken up in sight, in commitment guilt, reversion of guilt is not sufficient for trusteeship, in break up contract and other property is in occupied possessor. Manuscript profile -
Open Access Article
2 - Evaluating the Evidence to Prove the Case with regard to Validating the Conscience of the Judge in Issuing a Verdict
Rahman ValizadehIssue 64 , Vol. 17 , Autumn 2021Persuasion of the conscience of the judge is explicitly stipulated in Article 374 of the Code of Criminal Procedure adopted in 1392 , although its validity is not explicitly mentoned in the Quran and hadiths. But from the content of some verses including verse 58 MorePersuasion of the conscience of the judge is explicitly stipulated in Article 374 of the Code of Criminal Procedure adopted in 1392 , although its validity is not explicitly mentoned in the Quran and hadiths. But from the content of some verses including verse 58 of Surah An-Nisa, if you rule between the people and rule with strict justice. Also , Islamic narrations can be drawn upon for the sake of con vincing conscience. If we seek to diccover the truth in the judiciary and to establish judicial justice in accordance, and not just settling the hostility, the judge himself will be allowed to use the two basic principles of free achieving of reason and evaluating the reason and do the necessary investigation on the basis of the evidence presented during the trial, and in case of conviction especially in the criminal case which is related to the lives, honor and dignity of the people, if he comes to in ternal conscience, he can issue a verdict. Manuscript profile -
Open Access Article
3 - Power of attorney
mohammad azadi mohammad jafari fsharakiIssue 75 , Vol. 20 , Spring 2024Well-known scholars in jurisprudence are of the opinion that the procuration is a contract, but verbal acceptance is not a condition and acceptance by conduct is sufficient, like when someone says to another, "you are allowed to sell my house on behalf of me" and he acc MoreWell-known scholars in jurisprudence are of the opinion that the procuration is a contract, but verbal acceptance is not a condition and acceptance by conduct is sufficient, like when someone says to another, "you are allowed to sell my house on behalf of me" and he accepts and sells. This research considers the validity of the sale in such a power of attorney by analyzing and explaining the famous expressions. It is not in terms of fulfilling procuration to request and acceptance, but in terms of the legitimacy of permission. Additionally, being interrogative, not having power of attorney, relying on concept reference in the state of discretion, and being unable to speak shows that the power of attorney is not limited to the contract . Rather, the correctness of acts of representation depends on permission. And the simile of the attorney only makes sense from this point of view. Therefore, there are two types of power of attorney, one in which acceptance is absolutely necessary. And a power of attorney in which vocable acceptance is not a condition .And the verbal acceptance is absolutely not the result. Manuscript profile -
Open Access Article
4 - A license to transplant a member from a defiled animal to a human
zahra akbarzadeh Hamid MasjedsaraeeIssue 75 , Vol. 20 , Spring 2024Scientific developments in various fields, Bob has opened up the discussion of issues in jurisprudence. Among the achievements of medicine and the method of modern treatments, on the other hand, the issue of health and saving human life is raised in it, and on the other MoreScientific developments in various fields, Bob has opened up the discussion of issues in jurisprudence. Among the achievements of medicine and the method of modern treatments, on the other hand, the issue of health and saving human life is raised in it, and on the other hand, it is، Its data is apparently in conflict with the rules and principles of jurisprudence, the issue of organ transplantation is from human or animal، In particular, the engineering of new biotechnological¬ reports the replacement of the member of the unclean animals to humans and its passage through the laboratory stage, while in jurisprudential sources, it is reported، The benefit of the confidant member of the unclean is haram. According to this point, some jurists recognize the lack of a license to act، In contrast, another view considers the emergency rule to be the rule of the initial order, and some others consider the benefit of the haram to be common intifada, and with this argument, it is considered، the organ transplant license is from the unclean animal. The present research, while reviewing and reviewing the votes, has obtained the license to link. Manuscript profile -
Open Access Article
5 - Examining jurisprudential opinions on the criminal responsibility of individuals in cyberspace
seyyed aliakbar bozorgnia Ali Faqihi Akbar FallahIssue 75 , Vol. 20 , Spring 2024Jurisprudence is one of the most extensive Islamic sciences and knowledge that have a constructive role in the lives of Muslims. In religious traditions, it is emphasized on "jurisprudence" and the learning of halal and haram issues and its significant role in human lif MoreJurisprudence is one of the most extensive Islamic sciences and knowledge that have a constructive role in the lives of Muslims. In religious traditions, it is emphasized on "jurisprudence" and the learning of halal and haram issues and its significant role in human life, so that prosperity and evolution Humanity depends on it. Among other things, in some narrations, learning the "laws of halal and haram" is mentioned as a duty of every Muslim, which should be learned from his family. It has provided advanced technologies, but at the same time, it has also created favorable conditions for the emergence of cybercrimes, which are committed by both natural and legal persons. The method of this article is analytical-descriptive, and the author in this article is looking for the question that Islamic jurists based on fourth evidences, what are their views on cyber issues centered on legal entities? Is it possible to point out some examples of legal entity issues related to cyber space in jurisprudence or not? It seems that considering the existence of legal entities and criminal liability in cyber space, although these issues are not directly discussed in jurisprudential sources, it is possible to justify the legality of criminal liability of legal entities in cyberspace with jurisprudential evidence. Manuscript profile -
Open Access Article
6 - The necessity of the intervention, done by government, in generation prohibiting in Iran's legal System (Regarding the note of Article 23 of the Family Support Law)
saeedh Tamizkar Atefeh Abbasi , Maryam Sadat Mohaghegh DamadIssue 75 , Vol. 20 , Spring 2024According to the Article note 23 of the Family Support Law approved in 2011, in the situation where a contagious and dangerous disease of the couple causes damage to the fetus, medical and educational care and supervision should lead to the prohibition of generation. Co MoreAccording to the Article note 23 of the Family Support Law approved in 2011, in the situation where a contagious and dangerous disease of the couple causes damage to the fetus, medical and educational care and supervision should lead to the prohibition of generation. Considering that any intervention of the government in the privacy of the family requires jurisprudential and legal justification; This article tries to answer this main question with descriptive analytical method: "What are the jurisprudential-legal arguments for the government's intervention in generation prohibiting? And what is the necessity of governmental intervention? ». The method of qualitative article is descriptive-analytical and the method of collecting data is library and through taking notes. reasons such as excessive economic, medical and health costs; public health threats; cultural problems; Generational risks and the decline of national authority are among the reasons that justify the need for government intervention. The jurisprudential legal basis of this necessity is to eliminate the conflict between the public interest and the family's privacy, which on the basis of an important rule, the public interest is prioritized and the prohibition of generation is justified. Manuscript profile -
Open Access Article
7 - Goodwill, right of business and profession and its position in the topic of endowment
Zahra Aleeshagh KHoeyni Maryam Mehdipor KHeradmardi Zahra Sadat MirhashemiIssue 71 , Vol. 19 , Summer 2023The right of goodwill and the right of business and occupation are both of the accrued rights, and while they have similarities, they are different from each other. Goodwill is an amount that the owner takes from the tenant at the beginning of the lease, apart from the MoreThe right of goodwill and the right of business and occupation are both of the accrued rights, and while they have similarities, they are different from each other. Goodwill is an amount that the owner takes from the tenant at the beginning of the lease, apart from the leased property, in order to rent and transfer the place to him, but the right to earn or trade or profession is a right that is created as a result of economic prosperity in the place and due to the activity of the tenant. comes. In some cases of endowment of commercial properties, there is a conflict between the two mentioned rights and endowment rights, which has many consequences in practice. If the commercial property is leased with the right of goodwill or the right of occupation is assigned to it, with the passage of time, there will be practically no benefits to spend for the purpose of endowment. On the other hand, the laws have recognized both the right of goodwill and the right of business and profession. Based on this, in case of stopping the lease or selling the endowment property or changing its use or any action that causes the loss of the provisions of the original contract, if the tenant has not violated the provisions of the law and the original contract, there is no right to ignore these acquired rights. However, if the tenant's violation is confirmed, or if the tenant has closed the leased property during the lease period, he will not have the right to trade, because basically, the tenant has no right to qualify for the privileges of commercial premises. Regarding the endowment rights, the laws and consensus of jurists show that there are two solutions in the above conditions: 1- Changing the use and revitalizing the endowment, 2- Ending the endowment. Manuscript profile -
Open Access Article
8 - An analysis of the types and examples of the apostate in Salafist jurisprudence with a focus on Ibn Taymiyyah's point of view
Hozehali bahrame maryamsadat hashemiIssue 75 , Vol. 20 , Spring 2024Apostasy, which means leaving the religion of Islam, is one of the fundamental concepts that has become a challenging issue among theologians, jurists and commentators since the beginning of the formation of Islam. After the death of the Messenger of God, the first prob MoreApostasy, which means leaving the religion of Islam, is one of the fundamental concepts that has become a challenging issue among theologians, jurists and commentators since the beginning of the formation of Islam. After the death of the Messenger of God, the first problem of the Caliph of the Muslims (Abu Bakr) was the attacks that started due to apostasy. Throughout the history of Islam, the concept of apostasy has become an argument for the discourse of Ahl al-Hadith and Salafism, and by using this concept, their opponents have accused themselves of apostasy and have committed many acts of violence and murder. In these days, the assassination of the apostate Salman Rushdie has once again raised the concept of apostasy in international news agencies. In the current situation, knowing the precise and far from distorted concept and nature of apostasy is a necessity. Based on this, the research is going to answer this specific question, who are the types and examples of apostates in the discourse of Salafists? With a document analysis method, he explored the Salafi texts focusing on Ibn Taymiyyah's point of view, and in the end he came to the conclusion that in the eyes of the Salafists, apostasy has a wide scope and includes many Islamic rulers and Islamic sects and sects, which has a significant meaning for the Islamic world. It is very harmful. Examples of apostasy range from denying the Most High in His Names and Attributes to attributing reprehensible attributes to mocking and mocking God and His Messenger. It includes the necessary denial of religion and the abandonment of prayer, as well as philosophers and mystics and many nobles and those who bow down to the rituals and festivals of Christians and associate with infidels and intercessors other than God. Manuscript profile -
Open Access Article
9 - The effects of condition of consideration on free possessive contracts
Somayeh Zohori hamid abhary Fakhoddin Asghari AghamasghadiIssue 69 , Vol. 18 , Winter 2022Among various kinds of free possessive contracts mentioned in Civil Law, Hebe contract is claimed to be the only one that can include condition of consideration. According to article 801, however, legal authors believe that this condition can be stated in all free posse MoreAmong various kinds of free possessive contracts mentioned in Civil Law, Hebe contract is claimed to be the only one that can include condition of consideration. According to article 801, however, legal authors believe that this condition can be stated in all free possessive contracts. Generally speaking, condition terms of contract exert no effects on contracts, rather it is only influenced by contract. Nevertheless, this general rule is doubted in those contracts with the term of consideration, since some articles of the Civil Law imply that the condition of consideration influences free contracts in some cases and even can affect some changes in the identity of contracts. Therefore, the current research seeks to investigate the effects of condition of consideration on free possessive contracts via examining the Civil Law and Jurisprudence and Law literature. Manuscript profile -
Open Access Article
10 - Testimony and its conflict with the presumption juris tantum (judge science) from the point of view of jurisprudence and law
Aboulfazl Alishahi GHalehgoghi Alireza Mollashahi mansor gharibpoorIssue 72 , Vol. 19 , Autumn 2023Testimony is definitive information about a mandatory right for the benefit of a third party, which occurs from a third party. According to some legal articles (161 and 162 Islamic Penal Code), the proof is subject to Shari'a and legal conditions. On the other hand, acc MoreTestimony is definitive information about a mandatory right for the benefit of a third party, which occurs from a third party. According to some legal articles (161 and 162 Islamic Penal Code), the proof is subject to Shari'a and legal conditions. On the other hand, according to Article 241 B.C., the value and effect of testimony are assigned to the court's opinion. In a vague way, it may mean that when the testimony conflicts with other evidence, it is up to the court to determine its value and effect. In contrast to this legal and Shariah presumption juris tantum, the judicial emirate is the situation that leads to the knowledge of the judge and is obtained from three sources: Judges' suspicions, customs and social habits, evidence and circumstances... and at the discretion of the judge and if this evidence creates confidence and inner belief for the judge, it is considered as judicial evidence and can be considered as a document of the court's decision. In this research, with the analytical and descriptive method, using library sources, the problem has been addressed that in the position of conflict between testimony with Shari'a and legal conditions and the knowledge of the judge due to the judicial emirate, what is the solution and which one is the priority? The answer, while examining the legal status and evidentiary value of each one, as well as analyzing the relevant legal materials, with an extensive examination of the nature of the judge's knowledge and the evidence of its validity and its evidentiary value in evidence, it has been argued on the precedence of the judicial decree resulting from the judge's knowledge over the certificate. Manuscript profile
