• XML

    isc pubmed crossref medra doaj doaj
  • List of Articles


      • Open Access Article

        1 - The Condition for Adjustment of Compliance in Permanent Marriage on the Basis of Wisdom - A Way for Women's Social Participation
        ZAHRA TARAHOMI alireza saberyan Maryam Aqai Bejestani
        Marriage as one of the most important Islamic contracts has an important place in the regulation of family relations and social activities. Accordingly, in addition to being organized on the basis of religious and religious rules, the marriage covenant is subject to rat More
        Marriage as one of the most important Islamic contracts has an important place in the regulation of family relations and social activities. Accordingly, in addition to being organized on the basis of religious and religious rules, the marriage covenant is subject to rational conditions that in turn preserve the dignity and status of women and their presence in various social arenas. There are various views on obedience and non-obedience of the marriage contract, some of whom believe that obedience is the essence of marriage and that some do not regard obedience as the essence of marriage. According to the recent assumption, more freedom has been conceived for women, thereby providing insights into the possibility of greater participation of women on the basis of the modification of obedience to the wife. The present study also examines the question of what rational basis for adhering to a marriage contract and how can it promote women's presence in the social realm? The hypothesis is that general obedience in turn can facilitate women's presence in the social arena. At the same time, the social presence of women on the basis of general obedience must be such that it does not interfere with her duties and status in the family. Manuscript profile
      • Open Access Article

        2 - The principle of non-impact of the degree and severity of the blame on commitment
        Asghar Jangki lalaklo seyyd bager seyyedi bonabi
        Liability in law is a legal obligation that one has to make up for the loss it has caused to another. Since matter of the present investigation is the principle of non-involvement of the degree and severity of the fault in the liability, the meaning is: The severity and More
        Liability in law is a legal obligation that one has to make up for the loss it has caused to another. Since matter of the present investigation is the principle of non-involvement of the degree and severity of the fault in the liability, the meaning is: The severity and strength of the fault and its extent, namely the breach of obligations, has an impact on c ivil or contractual liability.In terms of the degree of influence and importance, the blame is divided into two kinds of deliberate and unintentional fault, and the latter fault itself into two types of heavy and light fault. Have divided.This division is not based on our rights. It is Iran's right to be held accountable to any degree. The severity and weakness of liability depends on the extent of the damage, not the degree of fault, and the principle is committed not to affect the grading of fault in liability. Therefore, in this research, the fundamental question must be answered as to whether or not the grading of fault in Iranian law has an impact on the committed responsibility.And in response to this, we conclude that in Iranian law, the principle is not to affect the degree and severity of the blame for liability. Manuscript profile
      • Open Access Article

        3 - The Discourse of the Islamic Republic of Iran in the Area of Security with an Emphasis on the Component of “National Unity among the Islamic Schools of Thought”
        keyvan heidarnejad babak pourghahramani jamal Beygi
        The current study, which is descriptive and has been conducted according to the analytical-descriptive methodology, attempts to explain the discourse of the Iran in the area of security with a focus on the major and important component of “national unity among the More
        The current study, which is descriptive and has been conducted according to the analytical-descriptive methodology, attempts to explain the discourse of the Iran in the area of security with a focus on the major and important component of “national unity among the Islamic schools of thought”. In this discourse, the component of “national unity among the Islamic schools of thought” has a significant importance and status and whether it can be fulfilled or not can have positive and negative consequences, respectively. First, according to the law, all the Islamic schools of thought are supporte Manuscript profile
      • Open Access Article

        4 - A Legal and Jurisprudential Perspective on the Challenge of Financial Compensation for Spiritual Damage in Courts
        فاطمه السادت حسینی Mahmoud Ghaumzadeh Mohamm RahbarPour
        Islam,like every ideological or belief system is based on a philosophy, the entirety of which,from its existence to its general perspective to human, society, and the world beyond, indicates the specific intellectual system of the adherents of that school. Besides, law, More
        Islam,like every ideological or belief system is based on a philosophy, the entirety of which,from its existence to its general perspective to human, society, and the world beyond, indicates the specific intellectual system of the adherents of that school. Besides, law, due to its own philosophy,has a particular attitude toward the element of loss in human relations, since it is a source of violation of the rights of individuals and society.Thus, what we aim to say in the field of legislation and Tashri'(Islamic legislation), in the first place, is that in case of damage, if the divine legislator(God)does not establish a rule,it cannot be inferred that the issue is out of the domain of the legal system, because the lack of guarantee in compensation for spiritual damage causes the aggrieved party to suffer loss, and therefore,the no-harm rule will deny the lack of guarantee. However, rational unconsciousness holds that there is a guarantee and the damaging party will, in general, be liable to pay compensation.In this paper, with an approach to the no-harm rule, we attempt to study the way of its practical application in the face Manuscript profile
      • Open Access Article

        5 - Changes to the lawsuit regarding the validity of the judgment are judged
        Ali Omrani Hasan Pashazadeh Esmaeil Saghiri
        In this article, we want to study the impact of the change in the dispute on the validity of the validity of the judgment given. In this regard, we are confronted with the question that the change in the direction of the dispute applies to the change in the direction of More
        In this article, we want to study the impact of the change in the dispute on the validity of the validity of the judgment given. In this regard, we are confronted with the question that the change in the direction of the dispute applies to the change in the direction of the verdict, or whether it is necessary to change the subject of the dispute so that we can make a change in the course of the dispute and, consequently, in the absence of the truth of the validity of the judgment. The majority of writers consider the legal description of the court to be necessary for the realization of the concept, and most of the disagreement over the possibility of redefining the subject's thematic and the possibility of filing a claim is merely a change in description. After studying the concept of credit, the judgment is judged and judicial decisions are subject to this rule and relying on this thinking based on the fact that the lawsuits are subject to the subject realization and not to the point, the existence of the ruling is also ruled out, with caution We have come to the conclusion that changing the direction of the dispute will not be true by changing the direction of the verdict but by changing the direction of the matter. Manuscript profile
      • Open Access Article

        6 - Legal jurisprudential approach to developmental crime prevention in Iran
        niusha ghahramani afshar Ghodratollah Khosroshahi Mohammadreza Shademanfar
        Delinquent kids and teenagers suffer from a wide range of problems including economic, cultural and family-related ones. Identification of the major factors behind their incompatibilities and delinquencies, and the adoption of appropriate personal and public preventive More
        Delinquent kids and teenagers suffer from a wide range of problems including economic, cultural and family-related ones. Identification of the major factors behind their incompatibilities and delinquencies, and the adoption of appropriate personal and public preventive measures in the society, among susceptible members and groups, and among groups prone to delinquency play crucial, direct, and undeniable roles in minimizing crime rates among these people. Developmental crime prevention refers to interventions in delinquent or susceptible kids’ and teenagers’ developmental phases with the purpose of preventing such delinquent behavior from becoming endemic or routine in future. This approach is forwarding to recognize risk factors and omit those on the otherhand by reinforcement supportive factors, facilitate sociability process and weakening the possibility of delinquency. Drawing upon laws in Iranian legislative system along with teachings of Islam for the education and rearing children on the part of parents and teachers and other individuals dealing with vulnerable and harmful cases could play an instrumental role in developmental crime prevention from incompatibility, delinquency, and delinquency victimization. In this regard, the present study is aimed to describe the significance of and underpinnings behind developmental crime prevention from the jurisprudent and legal viewpoints and analyze developmental crime prevention solutions in light of these perspectives. Manuscript profile
      • Open Access Article

        7 - The Role and Influence of Criminological Findings on the Evolution and Creation of Some Special Issues in Iranian Criminal Law
        foad arabi Ali yosefzadeh mohamadreza shadmanfar
        Criminology is a branch of criminal science that aims to scientifically and objectively analyze the causes and factors of biological, psychological and social emergence of crime, to prevent crime and to correct and treat criminals. The legislator has influenced the form More
        Criminology is a branch of criminal science that aims to scientifically and objectively analyze the causes and factors of biological, psychological and social emergence of crime, to prevent crime and to correct and treat criminals. The legislator has influenced the formulation and adoption of related criminal laws and derived from the teachings of criminology in the field of sanctions and punitive damages, and to some extent the doctrines of criminology have entered into such laws. The purpose of this research is to investigate the role and influence of criminology findings in the development of some issues of criminal law by looking at the laws, penal provisions of Iran and familiarity with numerous criminal changes in this area. The research method in this paper is descriptive-analytical. The main question of the research is whether criminal investigations have been effective on Iranian criminal law? The results of the research show that although criminal law has affected many aspects of criminal law, due to the features of punitive punishment, qisas and diyat, and the conditions for the confirmation and execution of relevant offenses and the execution of punishment, the above-mentioned teachings No attention has been paid to Islamic theological thinkers in their efforts to institutionalize and update them in light of the achievements of the day of criminology Manuscript profile
      • Open Access Article

        8 - Political Security of Citizens in Iranian Jurisprudence and Law and International Documents
        sayed askari Hosseini Moghadam sayed ali hashemi khan abbasi mehran sharifi kelarijani
        Security can be the most important factor in the formation of human communities. Because human beings have come together to meet their natural needs for material and mental security and have formed civil life. Situational security is based on the existence of a reasonab More
        Security can be the most important factor in the formation of human communities. Because human beings have come together to meet their natural needs for material and mental security and have formed civil life. Situational security is based on the existence of a reasonable and proportionate relationship between the actors' wishes to have within a political unit that ultimately gives the actors satisfaction. With the development of human societies, new horizons have been opened in the field of security and new dimensions have been added, one of which is the new dimension of "political security". Whereas some experts consider this dimension of security to be more prominent than other aspects of security. In fact, the security of the political system has always been one of the most important prerequisites for other aspects of security (personal, public, economic, social, etc.), thus being one of the most elaborate and oldest security research topics. Therefore, the issue of security, and in particular political security, is considered as one of the key components of fundamental human rights in all modern societies and has taken on the essence of human rights. This research seeks to recognize the issue of citizens' political security in Iranian jurisprudence and law as well as international documents. In this regard, in the Imamiyyah jurisprudence, the right to exercise and express political opinions is considered to be the most important statement in the political security of individuals and in other comprehensive rights and political freedoms. Manuscript profile