About the journal
قابل توجه نویسندگان محترم بعلت پذیرش مقاله تا نسخه تابستان 1403 از پذیرش مقاله معذور هستیم .لطفا تا اطلاع ثانوی از بارگذاری مقاله خودداری فرمایید
فصلنامه مطالعات میان رشته ای فقه
بر اساس ارزیابی نشریات علمی دانشگاه آزاد اسلامی دارای رتبه «B» می‌باشد.
پژوهشگر گرامی
براساس دستورالعمل اجرایی حمایت مالی نشریات علمی دانشگاه آزاد اسلامی به شماره 10/62815 مورخ 1398/10/4 مقرر گردید .بابت ارسال هر مقاله جهت داوری مبلغ 1/500/000 ریال و پس از تأیید نهایی، مبلغ 3/500/000 ریال دیگر جهت چاپ مقاله از مولفان محترم دریافت گردد. (لازم به ذکر است در صورتی که مقاله از طرف داوران محترم مردود اعلام شود مبلغ 1/500/000 ریال اولیه قابل بازگشت به مولف نمی‌باشد) . شماره حساب 0110992839000 به نام مجله های علمی دانشگاه آزاد اسلامی واحد تهران مرکزی مرحله اول واریز رو در زمان بارگذاری در قسمت فایل ها(تصویر) بارگذاری نمایید . نکته مهم: حتما باید این فیش به صورت فیزیکی در بانک ملی واریز گردد و کد شناسه200226 و نام واریز کننده به نام نویسنده مسئول در ثبت فیش الزامی است . فیش پایا ، ساتنا ، فیش ناخوانا، بدون تاریخ و پرفراژ بانک قابل قبول نیست
♦ فصلنامه، از تمامی مقالات و تحقیقات اصیل و پژوهشی نویسندگان و محققان استقبال می‌کند.
♦ فصلنامه، نشریه الکترونیکی بر خط بوده و به زبان فارسی (با چکیده انگلیسی) انتشار می‌یابد.
♦ لازم است تمامی مقالات ارسالی، بدواً توسط سامانه‌های مشابه یاب بررسی گردند.
♦ فرایند داوری دو سویه ناشناس مقالات (از زمان ارسال) حدوداً سه ماه خواهد بود.
♦ فصلنامه از سیاست دسترسی آزاد (بدون هزینه) به مقالات تبعیت می‌کند.
♦ برای داوری و انتشار مقالات، هزینه دریافت می‌شود.
Recent Articles
-
Open Access Article
1 - Expropriation by the government and its affiliated institutions in the light of modern jurisprudential views
Hoddein Ranjbar hoseyn RajabiIssue 14 , Vol. 4 , Spring 2024The subject investigated in this article is expropriation by the government and its related institutions in the light of modern jurisprudential views. Therefore, we have first analyzed the generalities about the municipality and its possessions, and after that we have e MoreThe subject investigated in this article is expropriation by the government and its related institutions in the light of modern jurisprudential views. Therefore, we have first analyzed the generalities about the municipality and its possessions, and after that we have examined the issue from a jurisprudential and legal point of view. It seems that from the point of view of jurisprudence, bases such as harmlessness, expediency, and such things allow the municipality to acquire, and on the other hand, these bases are an obstacle to the acquisition of this institution. On the other hand, some principles have been proposed in the laws of western countries, including France, and we have entered and applied them in domestic laws. These foundations, which in their most important aspect are public service, public power, and public benefit, have been analyzed in their place. Manuscript profile -
Open Access Article
2 - Uncertainty about the existencesubject of transaction in Islamic jurisprudence, Iranian and Egyptian law
hamed salehi ali abadi Alireza Shamshiri Abbas KarimiIssue 14 , Vol. 4 , Spring 2024. Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main d More. Today, the traditional interpretations of Imamiyyah jurisprudence and related laws have led to the issuance of the well-known theory that the transaction is null and void for the same property that has not yet come into being, or the property of the future. The main document of this theory in Islamic jurisprudence is the rule of negation of uncertainty due to the uncertainty of the existence of the transaction and in the subject laws of our country, Article 361 of the Civil Code. On the other hand, an analysis of jurisprudential sources regarding the rule of uncertainty and all relevant regulations shows that any ignorance in a transaction in which there is a possibility of loss is not effective in voiding the contract, and therefore, transactional ambiguities can be divided into two effective and ineffective clauses in creating uncertainty and voiding the contract. and voiding the contract. and voiding the contract. Because in jurisprudence, uncertainty means danger, and danger is the possibility of harm that is avoided by the customs; Therefore, if the custom does not turn away from one of the aspects of the transaction due to the fact that ambiguity is negligible and does not consider it dangerous, such ignorance is not considered as a crime. This is while the analysis of the dimensions of ambiguity and doubt in the occurrence of the transaction in the transaction of money that has not yet occurred, shows that the risk caused by that ambiguity is not always effective in creating confusion, but in the case that the normal and normal course of affairs is a type of suspicion. to create a transaction in the future Manuscript profile -
Open Access Article
3 - Feasibility of pursuing the assassination of Sardar Soleimani in the International Criminal Court and the International Court of Justice and Domestic Law
Fatemeh Aghamiri zahra Fehreste Ebrahim YaghoutiIssue 14 , Vol. 4 , Spring 2024The Military Action Of The United States Of America In Martyring The High-Ranking Military Officials Of The Country Of Iran, Qassem Soleimani, On January 3, 2020, The Issue That Was Raised Among Iranian And International Lawyers From The beginning Was The Legal Response MoreThe Military Action Of The United States Of America In Martyring The High-Ranking Military Officials Of The Country Of Iran, Qassem Soleimani, On January 3, 2020, The Issue That Was Raised Among Iranian And International Lawyers From The beginning Was The Legal Response Of Islamic Republic Of Iran Government To This Incident. Contrary To What It Claims, The American Military Action In This Incident Does Not Comply With Preventive Or Preemptive Elements And The Conditions Of Legitimate Defense And Is An International Violation. The Feasibility Of Judicial Pursuit Of Criminal Liability And Civil Liability Resulting From This Illegal Act In The International Criminal Court And The International Court Of Justice Is The Subject Of This Article. Despite The Non-Membership Of Iran And The United States In The Statute Of The International Criminal Court, Iran Can, By Persuading The Iraqi Government To Accept The Court's Case Jurisdiction, Provide The Possibility Of Exercising The Court's Jurisdiction Over This Case, But Even In This Case, The Case Of The Assassination Of Lt. Gen. Soleimani Cannot Be Pursued Within The Framework Of One Of The Four Crimes Under The Court's Jurisdiction. The Most Effective Legal Mechanism Is Pursuing The Civil Responsibility Of The American Government For This Criminal Act According To The "Convention On The Prevention And Punishment Of Crimes Against Internationally Protected Persons, Including Political Missionaries" (1973), Which The Governments Of Iran And The United States Are Members Of. And Also Preventing The Establishment Of A Mixed International Court, Especially Through The Conclusion Of An Agreement Or The General Assembly Of The United Nations Or The Organization Of Islamic Cooperation. This Convention Prohibits The Commission Of Certain Crimes, Including Murder, Against Persons Under International Protection. It Has Predicted A Dispute Resolution Mechanism That Will Eventually End Up In The International Court Of Justice. Manuscript profile -
Open Access Article
4 - An analysis of the way of concluding marriage and its legal nature in imami jurisprudence and current laws.
narges heidarzadeh Shokrollah NikvandIssue 14 , Vol. 4 , Spring 2024The law of our country in some matters such as marriage are based on jurisprudence and rules. Contrary to the common and customary idea, there are no formalities in Imami jurisprudence for the validity of marriage. The articles of civil law, which are adapted from juris MoreThe law of our country in some matters such as marriage are based on jurisprudence and rules. Contrary to the common and customary idea, there are no formalities in Imami jurisprudence for the validity of marriage. The articles of civil law, which are adapted from jurisprudence, consider marriage to be consensual and without formalities. However, the general order of the society requires the government to monitor the relationship of couples by establishing mandatory regulations with special support. The requirement to officially register marriage in some cases and the punishment of imprisonment for violating it is for the same purpose, but failure to comply with these cases does not harm the validity or the marriage contract. This article is prepared in a library style by reviewing, describing and analyzing the opinions of jurists .some writings have mentioned marriage as one of the ceremonial contracts, and sometimes it is believed that for marriage, there must be special words or language or the involvement of a third party .In termes of legal nature, marriage is different from the general rules of contracts. from all works of jurists, it can be concluded that no conditions or formalities are necessary for the conclusion of marriage other general conditions, provided there are no obstacles. Manuscript profile -
Open Access Article
5 - Analysis of the principles of irrevocability and revocability of gift contract in Imami Jurisprudence and Iranian law
Mahdi Beiki shouroki Amirmohammad Sediqian Seyyed Jafar Hashemi BajganiIssue 14 , Vol. 4 , Spring 2024There is a difference of opinion regarding the irrevocability or revocability of gift in Imami jurisprudence and Iranian law. There is also no provision in the relevant laws. Given that the irrevocability or revocability of a contract, including a gift contract, has ver MoreThere is a difference of opinion regarding the irrevocability or revocability of gift in Imami jurisprudence and Iranian law. There is also no provision in the relevant laws. Given that the irrevocability or revocability of a contract, including a gift contract, has very important effects; it is necessary to conduct research in this field. In this research, descriptive-analytical method and sources of valid jurisprudence and law have been used to address this important issue. In order to analyze the principles of the irrevocability and revocability of the gift, the basic evidence should be provided. In this regard, there are many differences between rescission and revocation and other evidence, such as the verse of Quran “fulfill your obligations”, the principle of the irrevocability of contracts, the impossibility of revocation in the gift contract, in the capacity of the legislator, not unplanned changing of the contract from revocable to irrevocable, as well as the inapplicability of the principle of revocation to the irrevocability or revocability of the gift is examined. The result was that the gift contract should be separated from two aspects, one in terms of revocation and another in terms of irrevocability and revocability. Based on this, the gift contract is a revocable contract, in which the principle of revocation is valid. Manuscript profile -
Open Access Article
6 - Mechanisms governing parallel proceedings management in international commercial courts
Zohre safavi homami mousa mousavi zonooz seyed bagher mirabaasiIssue 14 , Vol. 4 , Spring 2024The ultimate goal of arbitration is fulfilled only when this process can finally resolve the dispute of the parties. Therefore, the end of the proceedings through arbitration must necessarily mean the end of the dispute between the litigants. A conflict in the implement MoreThe ultimate goal of arbitration is fulfilled only when this process can finally resolve the dispute of the parties. Therefore, the end of the proceedings through arbitration must necessarily mean the end of the dispute between the litigants. A conflict in the implementation of the arbitrator's decision is possible, in addition to eliminating the benefits of resolving the dispute in a peaceful manner, it may lead to greater complexity of the proceedings and dispute resolution. In general, through the application of principles such as the validity of the terminated matter, merger, pending litigation, clauses of irreversible selection, clauses of denial of benefits, suspension of the proceedings, parallel proceedings and consequently the conflict of rulings can be prevented to some extent; And if there is a conflict, since the recognition and enforcement of foreign arbitration rulings is in the territory and jurisdiction of the procedure of the country of execution, the ruling will be dealt with according to the legal system of that country. Therefore, the laws and procedures should take measures in a uniform and preventive manner to avoid this challenge and the litigants reach their final goal in an easier way than the proceedings and its formalities. Also, by concluding international treaties and creating uniform procedures in the field of international commercial arbitration, we can hope to find a solution to the problem. In this article, the authors will refer to the explanation of the topic in a descriptive and analytical way. Manuscript profile -
Open Access Article
7 - Enemyology and methods of interacting with enemies according to the Qur'an, hadiths and Imamiyah Jurisprudence
Isa Haghi Mostafa Rajaipour Hossein AhmariIssue 14 , Vol. 4 , Spring 2024One of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wive MoreOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wives and children", "infidels and polytheists", "some People of the Book, especially Jews" and "hypocrites". The Prophet, on the one hand, fought culturally and socially against idolatry, atheism, and hypocrisy in belief and practice, and the triangle of atheism, polytheism, and hypocrisy was also placed against him during his mission and did not give up any struggle against and monotheism. The current research aims to know the components of interaction with the enemy according to the Qur'an, hadiths and Imamiyah Jurisprudence. The research method is descriptive-analytical using library and documentary sources. The results of the research show that Holy Qur'an teaches us what special method we should use in confronting each of the enemies. In clearer words, it teaches Muslims the way to deal with Satan, Nafs-Amara, infidels, etc. separately, and also, it puts a special way to deal with every enemy's method. Among these methods are Faith and trust in God, abandoning sins, constant remembrance of God, seeking refuge in God, self-purification, fearing God and restraining the soul from whims and desires, surrendering oneself and affairs to God, cutting off all communication and friendship other than God, declaring a clear position of disliking them, cultural struggle through the Qur'an, religious insight and tolerance, interaction with the enemy. Manuscript profile -
Open Access Article
8 - Administrative police in Iran's legal system
Arash Yousefi Safdar YoudefiIssue 14 , Vol. 4 , Spring 2024The police is one of the most important parts of the judicial system in a civilized society. The existence of a scientific and principled police system shows the government's respect for individual rights and freedoms, as well as the protection of society. In the curren MoreThe police is one of the most important parts of the judicial system in a civilized society. The existence of a scientific and principled police system shows the government's respect for individual rights and freedoms, as well as the protection of society. In the current era, security and freedom are essential factors in the management of any society. In the meantime, administrative police are in charge of regulating regulations for public order at different levels of the country. Here, the important element is the regulations related to the administrative police, which has many privileges. This type of regulation can be at the state level or even at the national level. The understanding of the administrative police regulations is based on the constitution. Finally, the first goal of this research is legal analysis and explanation of the position of the administrative police in Iran's legal system Manuscript profile
Most Viewed Articles
-
Open Access Article
1 - The strategy of the rule of justice in climate change and the guarantee of sustainable human security with an emphasis on the principle of shared but different responsibilities.
Hadi Masoudifar Alireza Arashpoor Masoud Raei DehaghiIssue 5 , Vol. 2 , Winter 2022Among the general principles of law and progressive scientific rules, the rule of fairness has a prominent value and position, and since this rule has considerable flexibility, it has the ability to be applied in dealing with new issues and challenges of public internat MoreAmong the general principles of law and progressive scientific rules, the rule of fairness has a prominent value and position, and since this rule has considerable flexibility, it has the ability to be applied in dealing with new issues and challenges of public international law. Is. Therefore, while defining the rule of fairness, it is necessary to evaluate the position of this rule in the implementation of international agreements related to the field of international environmental law, and also to analyze the need to protect the environment based on the requirements of public opinion in jurisprudence. Accordingly, in this study, which was conducted inductively and using library studies, while evaluating the application of the rule of justice in ensuring human security, it was found that the rule of justice through the principle of "joint but different responsibility" in the Paris Climate Change Conference Has been exploited. On the other hand, it has been shown that the rule of fairness in international environmental law has led to the introduction of the term "climate justice". Manuscript profile -
Open Access Article
2 - Enemyology and methods of interacting with enemies according to the Qur'an, hadiths and Imamiyah Jurisprudence
Isa Haghi Mostafa Rajaipour Hossein AhmariIssue 14 , Vol. 4 , Spring 2024One of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wive MoreOne of the most important issues in human life is enemyology and an appropriate understanding of the strategies to deal successfully with the enemy. The Holy Qur'an has named six groups of enemies: "Satan and his companions", "Nafs-Amara (lasciviousness)", "some of wives and children", "infidels and polytheists", "some People of the Book, especially Jews" and "hypocrites". The Prophet, on the one hand, fought culturally and socially against idolatry, atheism, and hypocrisy in belief and practice, and the triangle of atheism, polytheism, and hypocrisy was also placed against him during his mission and did not give up any struggle against and monotheism. The current research aims to know the components of interaction with the enemy according to the Qur'an, hadiths and Imamiyah Jurisprudence. The research method is descriptive-analytical using library and documentary sources. The results of the research show that Holy Qur'an teaches us what special method we should use in confronting each of the enemies. In clearer words, it teaches Muslims the way to deal with Satan, Nafs-Amara, infidels, etc. separately, and also, it puts a special way to deal with every enemy's method. Among these methods are Faith and trust in God, abandoning sins, constant remembrance of God, seeking refuge in God, self-purification, fearing God and restraining the soul from whims and desires, surrendering oneself and affairs to God, cutting off all communication and friendship other than God, declaring a clear position of disliking them, cultural struggle through the Qur'an, religious insight and tolerance, interaction with the enemy. Manuscript profile -
Open Access Article
3 - The positive value of the UAE in the science of principles and its function in jurisprudence and subject law
zahra sadatahrafe Hadi Azimi GarkaniIssue 3 , Vol. 1 , Winter 2021Abstract :Presumption is the way to real religious law that is an invented real religious law for inventor. In other words, as presumption is caused mistrust, Jurisprudence considers it as valid, namely, news. In fact, methodology is one of the religious laws that prove MoreAbstract :Presumption is the way to real religious law that is an invented real religious law for inventor. In other words, as presumption is caused mistrust, Jurisprudence considers it as valid, namely, news. In fact, methodology is one of the religious laws that proves religious laws in which unveiling of the truth is considered, such as trust and bayyene news and so on. Then, presumption does not include theology but it is contrary to theology, since theology is valid until presumption is not available or else it is unnecessary. As it is important to investigate presumption in jurisprudence and Islamic point of view, this study has conducted to investigate presumption probative value of methodology and its performance on jurisprudence and positive laws. This study was functional and analytical-descriptive. Considering the obtained results showed that : triple theories are based on theories on invented presumption and in jurisprudence it is in various views elements in considering the elements or not. In jurisprudence, presumption is classified according to proved causes, but the main difference is that it does not reach to reality directly. Then, sanity inferring in extracting the condition is considerable, then it can be said, every which is considered as causes, and reality is the sanity inferring from conditions and it is not the intended condition.Keywords : Presumption, Religious laws, Islamic laws , Islamic jurisprudence, Islamic laws, Sects. Manuscript profile -
Open Access Article
4 - International and Iranian policies on defective goods and compensation
faranak moazen Ahmad Shams Seyed Mojtaba Mirdamadi Ahad BagherzadehIssue 10 , Vol. 3 , Spring 2023Political and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating pr MorePolitical and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating process of concluding numerous contracts in the creation, production and consumption. Is. ﺎ ، . In Iranian law and international documents, the scope of customer rights arising from the sale of defective goods can be imagined in two parts: And its mechanisms and in international documents are referred to as non-compliance of goods and defects and related mechanisms. 2. The actual methods of compensation, which raises the possibility of providing damages resulting from the loss of a favorable contractual position both in order to fulfill the obligation and its termination. Basically, in the case of ﻣ In the 1980 Convention on the Elimination of All Forms of Discrimination against Women and the principles of European contract law, in addition to providing for mechanisms to relieve the customer of an unfavorable contractual situation, there is no need to go back. However, in Iranian law this scope is more limited and there is no explicit text regarding the compensation and assignment of damages resulting from the loss of a favorable contractual position; Also, this difference in compensation methods is such that the methods provided in international documents are more diverse, up-to-date and more purposeful than the mostly traditional methods of compensation in Iranian law. Manuscript profile -
Open Access Article
5 - Explain the dimensions and components of the position of intellectual property rights in the system of public international law
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam MoradiIssue 10 , Vol. 3 , Spring 2023The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the MoreThe purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and Manuscript profile -
Open Access Article
6 - Economic solutions to compensate for flood damage from the perspective of jurisprudence
Reyhaneh sadat hosseini zahmatkesh majid vaziriIssue 10 , Vol. 3 , Spring 2023Natural hazards adversely affect human life, property and activities and lead to disaster. Types of these hazards and disasters such as earthquakes, volcanoes, droughts, floods and so on. Considering the practical effect of jurisprudential rules in the Iranian legal sys MoreNatural hazards adversely affect human life, property and activities and lead to disaster. Types of these hazards and disasters such as earthquakes, volcanoes, droughts, floods and so on. Considering the practical effect of jurisprudential rules in the Iranian legal system and in the current practice of the judicial system, we can use the effectiveness of these principles and jurisprudential rules to prevent damage to natural disasters and criminalize and enactment of restrictive laws in this area, pointed out that in addition to helping the legislature, it is able to solve many problems in the courts, reduce the volume of accumulated cases and provide significant legal services to society.It is also possible to use the research results in different stages of planning, the necessary laws for the implementation of these natural hazards in the country's management organization, which plays a useful and fruitful role in reducing the damage caused by natural hazards, including floods. The present article is a descriptive-analytical description that, after describing and explaining the jurisprudential foundations of natural crisis and damages .Also the method of gathering information is based on the document method, which analyzes and examines information by referring to sources, articles, authoritative sites and books written in this field. Also, in this article, we reached the conclusion that according to our point of view which is the overall economics of flood damage prevention based on the characteristics of hypothetical developments and modeling results are usually not applied on a jurisprudential basis, estimating non-market benefits such as beauty and open space, along with recreational values and other benefits that may is to be created for the residents, one of the serious challenges is in environmental economic evaluation. Manuscript profile -
Open Access Article
7 - A comparative study of the laws of Iran, Turkey, the UAE and the international legal system in the field of international judicial cooperation regarding corruption crimes.
Hassan Kohandani Asal AzemeyanIssue 11 , Vol. 3 , Summer 2023The International Judicial Cooperation Bill, the latest measure of the Islamic Republic of Iran in the field of international judicial cooperation regarding administrative corruption crimes, seems to have been drafted by the judiciary. Although this bill has many weakne MoreThe International Judicial Cooperation Bill, the latest measure of the Islamic Republic of Iran in the field of international judicial cooperation regarding administrative corruption crimes, seems to have been drafted by the judiciary. Although this bill has many weaknesses and problems, But it shows the serious intention of the Islamic Republic of Iran to enter this field. In the meantime, the United Nations Convention against Corruption, as the main international convention on corruption crimes, has drawn mechanisms for governments for international judicial cooperation. The main question in this research, which has been conducted in a descriptive-analytical way, is what are the differences and similarities between Iran's laws and the international legal system in the field of international judicial cooperation regarding corruption crimes? The result of this research shows that there are important differences in the field of corruption crimes that can be cooperated internationally. The petitioner's authority and jurisdictional conflicts exist between different implementing institutions in the Islamic Republic of Iran with the international legal system. Manuscript profile -
Open Access Article
8 - Theory of stewardship in civil liability From the perspective of Islamic jurisprudence and Iranian law
nader pourarshadIssue 3 , Vol. 1 , Winter 2021Theory of stewardship in civil liability From the perspective of Islamic jurisprudence and Iranian law(with emphasis on the analysis of new dimensions of recognizing the criteria of stewardship)Nader PourarshadAssistant Professor of Department of law , Shahrekord Branch MoreTheory of stewardship in civil liability From the perspective of Islamic jurisprudence and Iranian law(with emphasis on the analysis of new dimensions of recognizing the criteria of stewardship)Nader PourarshadAssistant Professor of Department of law , Shahrekord Branch , Islamic Azad University , Shahrekord , IranThe terms direct and causal have been used in the jurisprudential rule of loss (superb and causal). These two terms are also used in Articles 332 of the Civil Code and 492 et seq. of the Islamic Penal Code. However, in jurisprudential texts and civil law, there is no definition that indicates all the important and significant features of these two. The Islamic Penal Code, which defines the two in Articles 494 and 506, does not list all their important and significant features either. The present article, therefore, aimed to fill this gap by exploring and expressing the characteristics of the trustees and the conditions for assigning damages to them in terms of Islamic jurisprudence, case law, legal doctrine, and judicial procedure in Iran in a way that facilitates the diagnosis of the cause and other factors related to the damageKeywords: loss - civil liability - agent - manager - cause Manuscript profile -
Open Access Article
9 - Administrative police in Iran's legal system
Arash Yousefi Safdar YoudefiIssue 14 , Vol. 4 , Spring 2024The police is one of the most important parts of the judicial system in a civilized society. The existence of a scientific and principled police system shows the government's respect for individual rights and freedoms, as well as the protection of society. In the curren MoreThe police is one of the most important parts of the judicial system in a civilized society. The existence of a scientific and principled police system shows the government's respect for individual rights and freedoms, as well as the protection of society. In the current era, security and freedom are essential factors in the management of any society. In the meantime, administrative police are in charge of regulating regulations for public order at different levels of the country. Here, the important element is the regulations related to the administrative police, which has many privileges. This type of regulation can be at the state level or even at the national level. The understanding of the administrative police regulations is based on the constitution. Finally, the first goal of this research is legal analysis and explanation of the position of the administrative police in Iran's legal system Manuscript profile -
Open Access Article
10 - Critique of the phenomenon of criminal populism with emphasis on the approach of the Iranian criminal justice system
hamid ghorbanpur Seyf mohammad mehdi sadati Ali JamadiIssue 6 , Vol. 2 , Summer 2022In populist thought, emphasizing the thoughts of individuals in society as the basis of public policy is doubly important. The centrality of public opinion and political intervention in criminal policy has led to a populist approach. In other words, populist criminal po MoreIn populist thought, emphasizing the thoughts of individuals in society as the basis of public policy is doubly important. The centrality of public opinion and political intervention in criminal policy has led to a populist approach. In other words, populist criminal policy seeks to combat crime by engaging public opinion. In the Iranian penal system, in recent years, under the influence of the prevailing atmosphere in society, populist policies have emerged. In fact, the idea of criminal populism emphasizes the model of crime control through hostility to the perpetrator. This type of criminal policy deviates from the principled and scientific process of criminological teachings and makes it subject to political considerations, in a way that damages the structural implications of criminal law and the moral rights of criminal law subjects. In this article, we will examine the issue in a descriptive-analytical manner and answer the question: What factors cause populism and what are the characteristics of this phenomenon? In the following, we will examine the reflection of populist laws and make suggestions in this regard. Manuscript profile
