List of Articles

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  1 - Criticism of embezzlement and smuggling of goods as examples of money laundering
  mihammad ali ebrahimzadehmolaei Akbar Fallah Ali Faghihi
  Money laundering is a legitimate and illegal manifestation of illicit and illegal property, and this phenomenon is one of the transnational organized crimes that has harmful effects and effects at the international level and interferes with social, political, economic a More

  Money laundering is a legitimate and illegal manifestation of illicit and illegal property, and this phenomenon is one of the transnational organized crimes that has harmful effects and effects at the international level and interferes with social, political, economic and security issues. It has significant social and political consequences for societies, and to compare it with the crimes of embezzlement and smuggling of goods, the clear jurisprudential principles such as the verses of Akal Mal to Badal, Akl Sahat, narrations and rules of jurisprudence such as the rule of no harm and maintaining order, highlight this phenomenon. It implies that the principles and teachings of the religion of Islam, such as prohibition and prohibition (acquisition of property in vain) and the behavior of the great leaders of Islam regarding money laundering operations, which lead to the use of illicit income, are also taken into account. If the property is invalid) and it is considered a haram act and according to the rule: (Al-Tughrir for the whole of Muharram action) and the rule: (Al-Ta'zir with us for the way of ruling), the Islamic ruler can impose punishment for such forbidden and harmful acts on the interests of the communi Manuscript profile
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  2 - Critique and analysis of the jurisprudential principles of the legitimacy of various types of customary marriage in Sunni jurisprudence
  عبدالله باقری ورزنه sedigheh hatami
  AbstractCustomary marriage is one of the emerging and unusual marriages that has emerged among the Sunni sect. The distinctive feature of customary marriage is the lack of official registration in the marriage and divorce offices. On the one hand, this type of marriage More

  AbstractCustomary marriage is one of the emerging and unusual marriages that has emerged among the Sunni sect. The distinctive feature of customary marriage is the lack of official registration in the marriage and divorce offices. On the one hand, this type of marriage has provided the ground for many social, legal and psychological problems of couples and society. Demands. Sunni jurists have considered some to believe in the validity of this type of marriage in all its forms, while others have considered it to be related in different types according to the elements and conditions of the validity of marriage; Therefore, the present article in a descriptive-analytical researc Manuscript profile
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  3 - The Impacts of New Penology Effects on Iran's Criminal Justice System; with a Look at Jurisprudential Teachings
  Ali Davoudi Salestani Seyyed Hossein Hashemi shahrdad darabi
  New Penology is an approach based on evaluative justice, that is, by applying the crime risk management to the community, it classifies criminals and thus applies the cost-benefit management model. New Penology implies a rigorous dual punishment policy and detention. In More

  New Penology is an approach based on evaluative justice, that is, by applying the crime risk management to the community, it classifies criminals and thus applies the cost-benefit management model. New Penology implies a rigorous dual punishment policy and detention. In the field of jurisprudence, punishments have been discuss in the context of jurisprudence, qesas, diat and ta'zir; since in our society most offenses are of the ta'zir type, so there is a good jurisprudential capacity to adopt a new dual criminality policy in order to avoid .this path can be applied to the cost-benefit management model. Our research has shown that the Iranian criminal justice system has been trying to adopt an approach to avoiding the enormous costs of imprisonment since the year 2013 by adopting the general principles of Islamic penal law and applying risk criteria in the system of punishment ratings and incorporating social punishments into the legal literature. . A change that, despite its inherent functionalism, faces challenging aspects such as populism and security is in the interpretation of ris Manuscript profile
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  4 - Custom and Its Position in the Principal and Jurisprudential Works of Imam Khomeini and Shahid Sadr
  sajedeh rasouli Hamid Eivazy Reza Ranjbar
  Given the importance of custom in deriving religious rulings, especially in new issues, the study of the works of jurists in the use of custom, helps to use it better. Examining the jurisprudential and principled works of Imam Khomeini and Shahid Sadr as influential jur More

  Given the importance of custom in deriving religious rulings, especially in new issues, the study of the works of jurists in the use of custom, helps to use it better. Examining the jurisprudential and principled works of Imam Khomeini and Shahid Sadr as influential jurists in the evolution of jurisprudence who have proved the authority of custom with strong arguments, is appropriate and worthy to prove this issue. For this purpose, the study of his argumentative and principled jurisprudential texts has been done based on the library method and content analysis and their statements have been reviewed. The main purpose of the article is to find out how they use custom in both theoretical and practical thought. . According to the above purpose, the main question of the article is how the two great jurists in their principled jurisprudential tradition have used custom within the scope of the book and tradition and whether or not they have explained and practiced custom according to their time. Have? The results of the research show that both jurists, while using custom and quoting it in many fields, consider custom beyond space and time, while believing in its authority by the shari'ah and considering the influence of time and place in jurisprudential issues. It is necessary to use the important and practical source of custom in adapting jurisprudence to the current situation and conditions in order to rationality and solve today's problems Manuscript profile
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  5 - Jurisprudence and Legal Investigation non- government liability for acts of authority
  yaser rezaee Ali asghar Hadidi
  AbstractNon-Government liability for acts of authority that result of article 11of civil liability low is a jurisprudential and legal topic. Non- government liability results in overthrow of right of ordinary citizen, so this paper tries to explain and criticize law of More

  AbstractNon-Government liability for acts of authority that result of article 11of civil liability low is a jurisprudential and legal topic. Non- government liability results in overthrow of right of ordinary citizen, so this paper tries to explain and criticize law of Iran's Non- government liability for acts of authority. It has observed that this topic has history and jurisprudential and legal aspect. According to history point, Non- government liability for acts of authority is unacceptable because base of it is abolished. . According to legal point, Government’s Immunity from responsibility conflicts with some other Iranian laws and leads to i Manuscript profile
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  6 - Principles, conflict, disturbance and interference wife's financial rights
  محمود رایگان abbas kalantari sajjad nikkhoo
  Principles of law are widely used by judges and scholars to infer jurisprudence and legal issues and to resolve legal problems. Some of the conflicts in jurisprudence and law can be identified and resolved through the principles of law. Examples of laws that help resolv More

  Principles of law are widely used by judges and scholars to infer jurisprudence and legal issues and to resolve legal problems. Some of the conflicts in jurisprudence and law can be identified and resolved through the principles of law. Examples of laws that help resolve legal and legal issues that need to be reviewed include laws relating to a woman's financial rights, such as dowry, alimony, proverbial, asset-allocation requirement, lease and dowry. Apparently, some of these rights are in conflict with one another, which can be applied to legislate and imply a conflict of principles and, in terms of the meaning of the condition, the interference of the couple and the likelihood and obligation of the couple. They checked with Bob Burrows. The present article has analyzed analytically the financial rights of the wife and has found that in some cases there should be a commonality between the conflicts of law, and finally the payment of dowry and interest to the married couple is certain, but in the case of the proverb, divination and the condition of division. Each is enough of the other and a review of these materials is necessary given the drawbacks of the half-asset condition. Manuscript profile
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  7 - شمول و‌عدم شمول احکام فقهی محارم و غیر محارم نسبت به فرزند متولد از روش‌های نوین بارداری
  عباس عرب خزایلی زهرا مختاری Seyyed Aasghari Hoseini Moghafam
  مشکل ناباروری و مشکلات اخذ سرپرستی فرزند بی‌سرپرست، چنین ایده‌ای را فراهم نموده که به کمک روش رحم اجاره‌ای برای زوجینی که توان تولیدمثل داشته و توان نگهداری فرزند را ندارند؛ اهدای سلول جنسی نر (اسپرم) و ماده (گامت) برای تولیدمثل، اجرایی شود. در این تحقیق، رابطه محرمیت ط More

  مشکل ناباروری و مشکلات اخذ سرپرستی فرزند بی‌سرپرست، چنین ایده‌ای را فراهم نموده که به کمک روش رحم اجاره‌ای برای زوجینی که توان تولیدمثل داشته و توان نگهداری فرزند را ندارند؛ اهدای سلول جنسی نر (اسپرم) و ماده (گامت) برای تولیدمثل، اجرایی شود. در این تحقیق، رابطه محرمیت طفل متولدشده از روش‌های نوین بارداری بررسی گردیده است. والدین ژنتیکی درهرصورت، رابطه محرمیت خود را طفل را حفظ کرده و در آن خللی ایجاد نمی‌شود. زن پرورش‌دهنده فرزند در رحم خود، اگر دارای رابطه ژنتیکی با طفل نمی‌باشد، لیکن از حیث رضاعی بودن، می‌توان بدان محرمیت را نسبت داد. در صورت داشتن رابطه ژنتیکی یکی از والدین با طفل، به‌واسطه محرمیت سببی، همسر آن فرد نیز محرم محسوب می‌گردد. با توجه به عدم شناسایی والدین در آینده، نیاز است که ماوقع این حوادث ثبت‌شده تا پدیده ازدواج با محارم که گناهی کبیره می‌باشد، اتفاق نیفتد. با توجه به عدم شناسایی والدین در آینده، نیاز است که ماوقع این حوادث ثبت‌شده تا پدیده ازدواج با محارم که گناهی کبیره می‌باشد، اتفاق نیفتد. Manuscript profile
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  8 - the Rule of Dara’ and the and the rule of its application
  نجمه نبوتی
  The Rule of Dara’ is one of the most important rules of criminal jurisprudence, which has been established in the Islamic penal code and is also enforceable in the Iranian criminal law. The rule has been explicitly adopted by the legislator since the 2013 amendmen More

  The Rule of Dara’ is one of the most important rules of criminal jurisprudence, which has been established in the Islamic penal code and is also enforceable in the Iranian criminal law. The rule has been explicitly adopted by the legislator since the 2013 amendments to the Islamic Penal Code. The purport of this rule is that, if there is any doubt or ignorance about the judgment of subject (examples of confusion) on behalf of the accused or any doubt about the attribution of criminal act on the behalf of the judge or about the conditions of criminal responsibility, the criminal responsibility and punishment are no longer under consideration. The present research seeks to articulate the concepts of the rule of Dara’ and the criterion of confusion and doubt about the three elements of crime; in this way, it states the cases in which the existing confusion results in the application of the rule of Dara’. It should be noted that in the Islamic jurisprudence, the basis of the criterion of confusion is the rule of Dara’ which has many channels. The "confusion" also refers to the confusion in practice the owner of which can be a judge or a defendant. Manuscript profile