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Open Access Article
1 - The legal status of children out of wedlock in Iranian law and Imami jurisprudence
esmat savadi mahboub ghorbaniChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are dee MoreChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are deemed legitimate, like the children born after mistaken intercourse, they shall enjoy the rights appertaining to the legal and legitimate children. But in case they are deemed illegitimate children, like those who are born through adultery, their lineage shall be considered unlawful and illegitimate according to the legal view. Following the Emamieh jurisprudence, as mentioned in article 1167 of the Civil Code of the Islamic Republic of Iran, a child born through adultery shall not belong to the adulterer. This concept means that the law overlooks the natural descent of the illegitimate child, as well as the legal effects of the relationship such as guardianship, custody, maintenance, and legacy. So the rights and duties laid down in the law for the children shall only include the legitimate children. Now this fundamental question arises that where the illegitimate children stand in our legal system and who is responsible for their financial and non-financial rights? This thesis investigates the children born out of the marital relationship as well as their rights and it aims at proposing appropriate suggestions in concert with the equality of the rights of the children in question with those born in a marital relationship. Key Words: Legal Status, Children born through adultery, Left infant, Children born after mistaken intercourse, Children born after artificial insemination, Law of Islamic Republic of Iran, Emamieh Jurisprudence Manuscript profile -
Open Access Article
2 - A Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami Jurisprudence
Seyed ali Rabbani mousaviyan Alireza MillaniA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. There MoreA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. Therefore, this study aims to use a descriptive and analytical method to comparatively study the punishment of murder, the conditions and quality of its execution in the two religions.The results of the research indicate that although proving the intentionality of murder under Jewish law seems more difficult than Imami jurisprudence, in Jewish law the same amount as proving the absolute crime of murder (intentional and unintentional)Its punishment will be life imprisonment only, and other punishments are an exception to this sentence. In terms of circumstances, there are several differences in the criminal law of the two religions.Keywords: Murder, conditions of punishment for murder, punishment of deprivation of life, Jewish criminal law, Imami jurisprudence. Manuscript profile -
Open Access Article
3 - Studying the Feasibility of Extending the Legal Titles in Imamyeh Jurisprudence to Include Ethics Functions
Mahdeyeh Hajaliakbar ebrahim yaghouti Zahra FehrestiAbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should MoreAbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should be derived from and operationalized by Sharia. Through studying jurisprudential and legal rules, jurisprudents and lawyers identified the concept of good ethics and considered it as a rule to restrict the will of individuals in protecting social expediencies. Although, there are theories for or against if there is some relationship between law and good ethics, but a use of good ethics by a legislator in legislation suggest the fact that ethical dos and don'ts in the sacred Islamic Sharia in social domain can be used as a base for legislation in many legal cases. The present research tried descriptively and analytically to answer this question, “Can Islamic law be extended to include good ethics?” By considering the mentioned cases, the results showed that Imamyeh jurisprudence allows for good ethics considered in Quran and Islamic narrations to be used in making legal acts. Manuscript profile -
Open Access Article
4 - Evaluation and comparative analysis of mudarabah papers based on the standards of Shafi'i and Imami jurisprudence
ABDOLAZIZ MIRANI fereydoon rahnama seid abas mousavian Mahdi Madanchi Zaj Mohammad Adel ZiaeiOne of the most important challenges for Islamic financial engineers is to pay attention to the differences between religions in Islamic countries, including Iran, and plan to discover the differences, resolve legal ambiguities, and finally lay the groundwork for increa MoreOne of the most important challenges for Islamic financial engineers is to pay attention to the differences between religions in Islamic countries, including Iran, and plan to discover the differences, resolve legal ambiguities, and finally lay the groundwork for increasing public participation in various financing projects. The importance of the present research is to resolve the legal ambiguities and doubts in order to increase participation in the financing of Mudarabah bonds. The lack of financial research in Iranian Sunni jurisprudence in connection with the issue of Mudarabah bonds, the population and the high economic and development potentials of Iranian Sunnis, as well as the potential ability to participate in various financing projects by this special segment of the Iranian society, from It is one of the necessities of conducting the present research. . Therefore, in this research, with the aim of reducing the jurisprudential doubts of the Iranian Sunnis, from the two perspectives of Shafi'i and Imami jurisprudence, the Mudarabah papers were examined and analyzed jurisprudently, in order to clarify and resolve its jurisprudential ambiguities, in fact, the present study seeks to answer this question. What are the similarities, differences and the percentage of jurisprudence and difference in Mudarabah papers based on the standards of Imamiyyah and Shafiiyyah jurisprudence. The main approach in this research is a comparative approach. In order to analyze and issue jurisprudence in Imami jurisprudence, the document analysis method (documents and approvals of the Jurisprudence Committee of the Stock Exchange Organization) has been used, and in connection with Sunni jurisprudence (Shafi'i jurisprudence), in-depth interview and focus group methods have been used, a statistical sample It includes 9 experts of Shafi'i jurisprudence. The results of the research show that the similarities and common points of jurisprudence are very high and the percentage of jurisprudence and jurisprudence in the two jurisprudence systems of Imamiyyah and Shafiiyya in relation to Mudarabah papers is at a very high level (100%), which is important. It can be the basis for increasing the participation of Iranian Sunnis in projects related to Mudarabah bonds and other Islamic securities issued in Iran. Manuscript profile -
Open Access Article
5 - The right of Shofeh over transferable property and Non-transferable property Indivisible
mohammadreza Kazemi Nafchi dawood Nasiran sayyed mohammad hadi mahdavi reza abbasianShofeh in jurisprudence and article 808 means the right of each of the copartner in obtaining the partnership in case of exchange of exchange with his copartner for the payment of the price. Shofeh is current in immovable property that cannot be divided, and there is a MoreShofeh in jurisprudence and article 808 means the right of each of the copartner in obtaining the partnership in case of exchange of exchange with his copartner for the payment of the price. Shofeh is current in immovable property that cannot be divided, and there is a difference between jurists in movable and immovable property that cannot be divided. This research has been done in a descriptive-analytical way and seeks to answer questions such as: "What is the jurisprudential basis of the right of Shofeh in cases of movable and immovable property that cannot be divided?" and so on. Regarding the background of the research, it should be said that several research studies include: the conditions for obtaining intercession in the subject law of Iran and Imami jurisprudence from Fakhreddin Asghari, the principles Shofeh on jurisprudence in movable property from the perspective of Islamic religions from Morteza Rahimi, omparative study Shofeh in Sunni jurisprudence And the rights of Iran have been exercised by Sadegh Soltanpour, etc. But the difference between the present study and the mentioned cases in proving the right of shofeh in over transferable property and Non-transferable property Indivisible based on jurisprudential reasons, while that research, looking for proving the lack of right of shofeh in over transferable property and Non-transferable property Indivisible. The result is that obtaining Shofeh in movable and immovable, property that is indivisible in the four reasons of jurisprudence (books, traditions, consensus and reason) is fixed Manuscript profile -
Open Access Article
6 - A Comparative Study of the Refugee Admission Pattern by the Islamic Government and Western States
Esmail Ragheb Babaii Hojatollah Salimi Torkamani, Saleh Rezaii PishRobat Hossein RostamzadAsylum in another country has a history for various reasons. Although our country, Iran, has a smaller population of asylum seekers than other Western countries, it still receives a large number of foreign nationals. This analytical-descriptive study seeks to examine th MoreAsylum in another country has a history for various reasons. Although our country, Iran, has a smaller population of asylum seekers than other Western countries, it still receives a large number of foreign nationals. This analytical-descriptive study seeks to examine the practice of the Islamic Republic of Iran in dealing with refugees, while comparing with the Western practice of this action. It was concluded that the Western practice of accepting refugees through unconventional sexual behavior is incompatible with the principles of health security as well as the responsibility of protecting the family. Acceptance due to political problems is considered a violation of the principle of neutrality, which is specified in the custom of international law. Admission through conversion has largely become a means of accepting asylum without the conditions of entitlement. However, the Islamic Republic of Iran, based on the principles of Velayat-e-Faqih, has accepted refugees from other countries in the framework of supporting the oppressed, and at the same time has always observed the principle of neutrality. International law sources oblige countries to prohibit arbitrary deprivation of citizenship, so there is no specific requirement for countries to grant citizenship, and the Islamic Republic of Iran cannot be criticized for not granting citizenship to Afghan citizens, due to the country's economic problems. Is to distribute job opportunities with the necessary measures, in which case the restrictions imposed are in line with international standards. Manuscript profile -
Open Access Article
7 - Social aspects in juridical school of Hillah
mahboobe hosseini ozra entekhabian mohsen razmiHow are the social aspects of a school depicted at a historical juncture, and what role can jurists play in these aspects? In order to reach the answer to this question, in the model of juridical school of Hillah, with a descriptive-analytical approach, it examines hist MoreHow are the social aspects of a school depicted at a historical juncture, and what role can jurists play in these aspects? In order to reach the answer to this question, in the model of juridical school of Hillah, with a descriptive-analytical approach, it examines historical reports and jurisprudential and principled propositions. This essay first depicts the social phenomena that stood in front of the jurists of the Hillah school; Phenomena such as the Mongol War, popular uprisings against the Mongols, saviorism, tribalism, the multiplicity of religions and sects, the political and economic geographical location of Hillah, and the background of the social status of the Hillah jurists. Then he observes the scientific and practical works and activities of the jurists of Hillah in the social aspects with regard to this space. The result of this observation is the inference of the four aspects of "spirituality", "education", "reasoning rationalism" and "social interaction" and their types and varieties. In the final analysis, it is stated that the jurists, according to the principles of Sharia and doctrinal principles, succeeded in reforming and social guidance in a way that was more principled and broader than many rival governmental and social achievements. This success brought with it another double and reciprocal success, and that is the dynamism and development of the branches of jurisprudence, the principles of jurisprudence and the theological(kalam) foundations of Shia jurisprudence. Manuscript profile -
Open Access Article
8 - A comparative study of trickery, examples and solutions to deal with it in foreign jurisprudence and Iranian law
dawood Nasiran Babak Mohammadi Ghahfarokhi Masoud ShiraniTrick in Imamiyyah jurisprudence means to reach the desired Shariah and legitimate goal, whether the way to reach it is lawful or the said way itself is illegitimate, and trickery in Sunni jurisprudence means resorting to permissible ways to perform a forbidden act or c MoreTrick in Imamiyyah jurisprudence means to reach the desired Shariah and legitimate goal, whether the way to reach it is lawful or the said way itself is illegitimate, and trickery in Sunni jurisprudence means resorting to permissible ways to perform a forbidden act or cancel an obligatory one or Invalidating the right or proving the wrong, which are the ways to escape from the forbidden and to achieve the lawful and trickery in the terminology of Iranian law means the ability to use the silence or summary of the law in order to acquire the right for the unjust by ways that are against the nature of the law, these different definitions cause The difference is in the examples of trickery and consequently the strategies to deal with it. The present research is carried out in a descriptive-analytical way and aims to answer questions such as: "What are the tricks, examples and solutions to deal with them in Iranian jurisprudence and law?". Examples of trickery in Imami jurisprudence are divided into three categories: examples of real positive and legitimate trickery, examples of true negative and reprehensible trickery, examples of fake trickery. Iranian law can be divided into two parts; He divided examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imami jurisprudence, there is no countermeasure for permissible tricks, but two solutions have been proposed for forbidden tricks; The moral solution is piety, and the jurisprudential solution is the ruling on sanctity, and in Sunni jurisprudence, the only way to deal with the trick of obeying the jurisprudence ruling is by citing the evidence of the Qur'an and narration. Strategies to deal with trickery in Iranian law include: theory of motivation or direction; Good faith theory; the theory of preventing Manuscript profile -
Open Access Article
9 - A Comparative Study of Trickery, Examples and Ways to Deal with it in Imamiya Jurisprudence and Iranian and French Law
Babak Mohammadi Ghahfarokhi Davoud Nasiran (corresponding author) Masud ShiraniA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in orde MoreA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in order to acquire rights for the unjust in ways that are against the nature of the law, and in the term of French law, it means a shrewd act in which, by using the hidden defects of the law, a person seeks to perform a seemingly legal act. These different definitions have caused differences in examples of trickery and of course the solutions to deal with it. The present study is carried out through a descriptive-analytical method and tries to answer questions such as "What is the trick, examples and solutions to deal with it in Imamiya jurisprudence, Iranian and French law?" Examples of trickery in Imamiya jurisprudence are divided into three categories: Examples of real positive and legitimate tricks; examples of real negative and reprehensible tricks; Examples of formal tricks. Examples of tricks in Iranian and French laws can be divided into two parts: examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imamiya jurisprudence, there is no countermeasure for permissible tricks, but two solutions are proposed for haram (forbidden) tricks including the moral solution that means piety and the jurisprudential solution which means ruling on being haram (forbidden). The solutions to deal with trickery in Iranian law are the theory of motive or direction; the theory of good faith; the theory of preventing the abuse of the right; the theory of public order; the principle of compliance of the contract with the intention; the base of the arms; the principle of Sad Zaraye (avoiding doing harms), the principle of “Yu’amil al-Mukalaf bi Naqiz Maqsoudah”. Regarding the solutions to deal with trickery in French law, it is possible to refer to the strategies including implementing the laws of the European Union, establishing various institutions to fight trickery and fraud, identifying points covered by the law by digital technologies, determining case and subject laws, determining the punishment in the criminal laws. Manuscript profile -
Open Access Article
10 - Investigating the criminal responsibilities of carriers of infectious diseases due to negligence from the perspective of Imami jurisprudence with an emphasis on the corona virus
Zaman Sandoghdar Reza Abbaspour (corresponding author) Seyed Mohsen RazmiSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) MoreSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) and sometimes the level of its spread becomes global (Pandemic). )). Facing each of these cases requires different health arrangements and requires different legal rules and planning. Dealing with the disease in the national arena requires a model consisting of coordinated, targeted and legitimate measures. This model is formed in paradigmatic structures based on many philosophical, legal and ethical principles and is designed according to the social structure of each society. What is needed to design the model is the explanation of basic rights and values that must be supported, and the other is the explanation of the goal and purpose in carrying out activities and programs and designing processes. All this is in an inherently variable state; Therefore, from the moral and legal point of view, the question is, which human rights has been threatened and endangered by the disease with the characteristics of Covid-19, and what is the justified set of behavior considering the contagiousness and the spread that has occurred or is occurring? It should be done in return to achieve the goals of control and health provision. According to the rule, for such a model, various goals may be considered for the patient and the disease, and accordingly, various behaviors can be envisioned to achieve these goals. Moral and legal norms will determine the limits of behavior. As a result, it may be effective to implement a program or behavior in the face of illness, but it is not justified in legal and moral terms. Manuscript profile -
Open Access Article
11 - An Explanation of the Nature of Digital Currency and Its Buying and Selling with the Approach of Individual Jurisprudence
Abbas Jalili Marzieh Pilehvar (corresponding author) Ali Sadeghi ShahparDigital currency is an economic idea derived from the development of modern computer technology, which has provided a new context for investment and money transfer for humans. Since the entry of digital currency into the economy of countries, the supervision of governme MoreDigital currency is an economic idea derived from the development of modern computer technology, which has provided a new context for investment and money transfer for humans. Since the entry of digital currency into the economy of countries, the supervision of governments in the financial field faces challenges, for this reason some countries deal with this issue with more caution and sensitivity. Considering the entry and activity of digital currency in our country and the doubts and ambiguities that exist on this issue from a jurisprudential point of view, it is necessary for the Islamic Republic of Iran, as a Shia government, to respond to these ambiguities. In this article, it has been tried to explain the nature of digital currency and its buying and selling with the approach of individual jurisprudence. The current article is descriptive and analytical and explains the topic using the library method. From the perspective of individual jurisprudence, the nature of digital currency has been adapted and examined in the structure and framework of the company contract, the Ja'ala contract and Hiyazat Mobahat (Possession of free and ownerless property). Manuscript profile -
Open Access Article
12 - An Examination of the Evidential Value of Testimony in Imamiya Jurisprudence and Iran's Legal System and the Impact of Psychological Factors on Testimony
Heidar Fatahi (Corresponding author) Ruhollah Sepehri Abbas PahlevanzadehThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadith MoreThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadiths narrated from the pure and infallible Ahl al-Bayt, as well as the companions of the Prophet Mohammad, there is a lot of emphasis on this. In some cases, there are differences of viewpoints among Islamic denominations regarding the conditions of the witness. For example, there is a difference in the testimony of a child, but there is consensus among jurists in the area of reason and legitimacy of the person. On the other hand, the impact on the legal concept of testimony is also something that cannot be hidden, which has received special attention in recent decades. Of course, in the legislative system, this important issue has not been taken care of as much as it should be, but psychological needs have caused legal scholars to deal with this issue. This is because the impact of some factors such as mental habits, age, race, personality, feelings, and emotions on the testimony is so important that it can cause irreparable damage. Manuscript profile -
Open Access Article
13 - Searching the Condition of Authenticity of Medical Expertism in Prooving of Members Benefit Compensation, from Shiah Jurisprudence Point of View
Mohammad Hakim Habibollah TaheriSpecialization in the Science and Thinking about its impact on Ijtihad making clear the analyzing of the position and impact of the expert’s opinion on religious jurisprudence. Specialist doctors are the experts that the effectiveness of their expert's theory is c MoreSpecialization in the Science and Thinking about its impact on Ijtihad making clear the analyzing of the position and impact of the expert’s opinion on religious jurisprudence. Specialist doctors are the experts that the effectiveness of their expert's theory is clear and striking in different parts and multiple jurisprudential issues. Nowadays, the possibility of discovering the truth with the medical knowledge and its new and accurate tests, specially Paying attention to the ever increasing Specialization of this knowledge making extensive and comprehensive the scope of discussion about the functions of the medical expert theory in jurisprudence and law. In the present article, this effect is analyzing the proving of member’s benefit Compensation and meantime explaining the examples of medical expert in proof of Compensations of dementia, sight, hearing, smell, taste senses and principled views analyzing bet on credit of expert. Two point of view about bet on credit of jurisprudence expert; view point of Expert testimony, bet on justice and Plurality in it and view point of efficiency of acquisition of trust confidence and Rational assurance; in first point of view, in proving of member’s benefit Compensation has a jurisprudential reputation. This article selected the second view base on researching speech fans of two point of view deals with the analytical and ijtihad methods, and with explaining of the significant difference in testimony and expert theory, and reality of it base on rational fixed method, Introducing the acquisition of confidence and negating the possibility of mistake as the criterion of this method. Manuscript profile -
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14 - Ignorant Era Jurisprudence The nature, resources, the principles and applications
Mohammad Bagher AmeriniaImportance of studying the background of Islamic jurisprudence is not covered for anyone. What nowadays is known as old jurisprudence and rooted in the field of religious canonization is introduced; in fact, a developed form of a system of history which the lessons of p MoreImportance of studying the background of Islamic jurisprudence is not covered for anyone. What nowadays is known as old jurisprudence and rooted in the field of religious canonization is introduced; in fact, a developed form of a system of history which the lessons of previous religions and commons always originated within simultaneous emergence of Islam, as so those installations are excepted from this process. The ignorant jurisprudence that was the same system of current law (even if simple) among the people in the age of pagan Arabs especially in the field of business and always within commons, was the most important historic background formation in the Islamic civilization that identified need assessment and introduced.This article dealing with the etymology of subject, analysis and applied manners and customs of the age, is trying to introduce Arabic ignorant religious jurisprudence studies, the principles and origins to identify it, and eventually the applicable role in religious Islamic jurisprudence and how to use it in the field. Manuscript profile -
Open Access Article
15 - A Study of the Causes of the Dynamism of Jurisprudence
Alireza Feyz Batol Hosseini SemnaniThe present article deals with the facts which have given rise to thedynamism of jurisprudence under various circumstances and spatio –temporal requirements.As a matter of fact, dynamic jurisprudence is the same traditionaljurisprudence adapting itself with tempor MoreThe present article deals with the facts which have given rise to thedynamism of jurisprudence under various circumstances and spatio –temporal requirements.As a matter of fact, dynamic jurisprudence is the same traditionaljurisprudence adapting itself with temporal requirements which may bedivided into two categories: internal factors and external ones.Internal factors are those relevant to the responsibility of Muslimjurisprudent with respect to the foundations and sources of jurisprudence, theflexible nature of the Quran and the Sunna, and application of reason (aql) asa source for deriving Islamic decrees.External factors are those relevant to spatio – temporal requirementsunder which dynamic jurisprudence flourishes, government which is thesource and executor of administrative rules within the interests of the Islamicsystem, and the protection of the Islamic territory against foreigners threatsand invasions. Manuscript profile -
Open Access Article
16 - Recognition of the Non Appointed Government
Sayed Masoud NoorbakhshAt the beginning of the juridical duration, the question which the Shia jurisprudents had been dealt with it, was limited to “whether a righteous treatment is sufficient for legitimation of a government, or the Immaculate Leader assignment or permission is strictl MoreAt the beginning of the juridical duration, the question which the Shia jurisprudents had been dealt with it, was limited to “whether a righteous treatment is sufficient for legitimation of a government, or the Immaculate Leader assignment or permission is strictly necessary for it.With the beginning of the religiousness reformation and incoming of the Industrial Revolution in Europe, and following it, political and social evolution and incoming new concepts and criteria for legitimation of the governments, such as existentialism and democracy, Moslems religious were encountered with a hard challenge:“What is the religion attitude with respect to these reformations?”In the religiousness colloquies, some deduced these concepts as opposite to the “Vellayet theory” and Law Giver assignment and sentenced them to be illegitimate and hence, labeled the systems based on these bases as injustice governments.On the other hand, some jurisprudents tried to remove the oppositeness between these concepts and religiousness learning by getting different deductions of the religion, and at least, to recognize them.More of this, some claimed to deduction of just these bases from religiousness literature, and sentenced them to be legal.But the theory of Ayato-Allah Mahdy Haery, “the proxy of governors from the people”, closes the way of existence of oppositeness between knowledge and religion at first, by declaration of a reasoning which uses both citation sources and intellectual rules, (by illumination of the limit of the inspiration influence in this domain).Also Allame Tabatabai denies the dominance of everybody on the people fate, using the Koran Mohkamat reasoning such as nature. Manuscript profile -
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17 - privacy bill in terms of conformity with the Shiite jurisprudence principles
Ali Asghar Raoufi Mohammad Sadiq Jamshidi Rad Ali Reza PourbafraniThe issue of privacy is the important provisions in Islam and jurisprudence, which has a very high reputation, the privacy of its kind, is divided into material and non-material confidentiality, and scholars have issues such as the privacy of individuals, attention and MoreThe issue of privacy is the important provisions in Islam and jurisprudence, which has a very high reputation, the privacy of its kind, is divided into material and non-material confidentiality, and scholars have issues such as the privacy of individuals, attention and considered in the profound jurisprudence. Therefore, the eighth Government of the Islamic Republic in 1386 revised the privacy bill and surrendered to the Islamic Consultative Assembly. This research has been attempted to discuss the privacy bill, which has several headings: physical privacy, places and houses, personal information on media activities, communication, at work, and responsibilities arising from privacy violations and the principles governing it. In this regard, the present study introduces the principle of non-velayat, اصالة, and the principle of human dignity as the principles governing the privacy Bill, as well as the prohibition of disclosure, the need to pay attention to human dignity and to abstain from tyranny as relevant privacy issues. Manuscript profile -
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18 - The Process of Evolution and Development of the Conduct of the Wise to the Islamic Usulis
Seyyedeh Fatemeh i Mousavi Hormoz Asadi Koohbad Javad Panjeh PoorThe conduct of wise one of contemporary important jurisprudence and usuil because one of is catechism main and effective in the two system of law Shi'a Usulis and sunni. In the juriprudens to exist many generalities and also encounter new problems.That neite MoreThe conduct of wise one of contemporary important jurisprudence and usuil because one of is catechism main and effective in the two system of law Shi'a Usulis and sunni. In the juriprudens to exist many generalities and also encounter new problems.That neiter have been mentioned in the book nor in the sunnah,but they can be answered with reference to the wise. There fore, in this descriptive analytic study Shi'a scholars and suni toward the conduct of wise was the results showd to Shi'a Usulis and sunni in the side document othere to the conduct to wise in the deduction decrees spiritual adduce but Shi'a Usulis more sunni usulis adduce and too resolve new problems and adduce legislate also the conduct of wise.also the conduct of wise can be answered many new problems. Manuscript profile -
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19 - Forward Sale and e-commerce in the statute laws citing to the Holy Quran
Seyedeh Sedigheh Shafiei Nasab Langroudi Mohammad Ali Ghorbani Kazem Rahman SatayeshAccording to the Qur'an, the jurisprudents consider the forward sale to be the purchase of property in obligation, up to a certain date at the present price. The aim is that both exchanges, i.e the purchase price, which is called the price in the sale, and the Molem Fih MoreAccording to the Qur'an, the jurisprudents consider the forward sale to be the purchase of property in obligation, up to a certain date at the present price. The aim is that both exchanges, i.e the purchase price, which is called the price in the sale, and the Molem Fih, which is called the seller in the sale, should be clear in such a way that there is no ambiguity in it. According to this definition, the forward sale in banking is that banks, in order to provide a part of the working capital of production units, at the request of these units, pre-purchase their products. These units receive money from the bank and deliver the goods to the bank on time. But forward sale in e-commerce is that a person visits the site and orders the purchase of goods and pays the amount of the goods on deposit to receive the goods at the specified time. Manuscript profile -
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20 - Semantics of Commands and Prohibitions in Two Essential Enjoining Right and Forbidding Wrong Duty in the Holly Quran
mohammad danyari Abbasali haidary Mahmoud Ghayoum Zadeh KhaleqiThe Holy Quran is a book of guidance and a source of mercy and good news for Muslims. Throughout history, Quranic verses and themes have been an artistic tool and an inspiring source for poets and writers. Acquired according to the semantic system in which it is located MoreThe Holy Quran is a book of guidance and a source of mercy and good news for Muslims. Throughout history, Quranic verses and themes have been an artistic tool and an inspiring source for poets and writers. Acquired according to the semantic system in which it is located. This article, which is of qualitative type and has been written with a descriptive-analytical method, has analyzed the semantics of the word and the concept of "commandment" in the two duties of the famous commandment and the prohibition of evil. Examining the views of jurists and research in jurisprudential texts, in this study it was concluded that commanding and forbidding in the two duties of commanding the good and forbidding the evil, does not necessarily have a single meaning in all of them, but for each level of meaning, the meaning of this The words should be considered in the appropriate order. Manuscript profile -
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21 - Analysis of the duties of mass media from the perspective of Quranic jurisprudence and Iranian law in media propaganda
mohammad heidari narmandi Mohammad Ali Heidari masoud raeThe purpose of this article is to explain the policies and criteria that the religion of Islam and the jurisprudence of the Qur'an in the way of transmitting content in the mass media is seen as mandatory propositions and considers them a necessity of religious com MoreThe purpose of this article is to explain the policies and criteria that the religion of Islam and the jurisprudence of the Qur'an in the way of transmitting content in the mass media is seen as mandatory propositions and considers them a necessity of religious communication in the mass media. The Qur'an is quoted in the media and is briefly as follows: A. The free flow of information is not prohibited, except in cases where an explicit prohibition has been received from the Holy Shari'a or an expedient reason arises from a secondary ruling prohibiting freedom of information and the obligation to censor. B- Justice in information means equality between people in receiving information and prohibition of discrimination in providing information service to the audience of news media are other specific policies in the view of the Shari'a. C- Activation of the information system is another policy that has a positive dimension and a current aspect. According to this policy, the information system should not be indifferent to what is happening in society and should deal with unhealthy news flows and put service to the goals of the Islamic system on its agenda. Manuscript profile -
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22 - Analyzing the criminal jurisprudence term kifarzghath from the perspective of Quranic teachings
Hamidreza Dejan rahman majazie Esmail EslamiPunishment for wrongdoing is one of the issues that has received special attention in Islamic law and criminal jurisprudence. This issue is of great importance in Islam and is formed based on Quranic and jurisprudential teachings. In this research, the jurisprudential t MorePunishment for wrongdoing is one of the issues that has received special attention in Islamic law and criminal jurisprudence. This issue is of great importance in Islam and is formed based on Quranic and jurisprudential teachings. In this research, the jurisprudential term of kifarzghath is examined and evaluated in order to improve the legal system based on narrative evidence and new determining principles and regulations of this criminal case. These principles are used as the main bases in the regulation of criminal laws regarding the punishment of violence. Also, the Quranic principles related to Hudud and Yamin practices are also examined. By using jurisprudence and Quranic sources related to the issue of Daghath, the present research emphasizes the importance of observing the principles of jurisprudence in the regulation of criminal laws and Quranic principles in the acts of Hudud Vimin. The most influential principles in this field are rationality and attention to individual, personal and public interests. Finally, the research indicates the importance of the influence of jurisprudence and Qur'anic principles in regulating the punishment of ghast and suggests that the legal system be improved by observing these principles. Manuscript profile -
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23 - Quran’s view on blood money (Diyah) and its calculation in the current era
Mahmood Aghajani Nadali Ashouri Ahmad Abedini Mohamad Ali HeydariThis research aims to present a method for blood money’s (Diyah) calculation and pricing in the current era. Verse 92 of surah Nesa and its revelation bespeaks of the principal of Sharia and paying the Diyah. Diyah’s amount is determined at any time after re MoreThis research aims to present a method for blood money’s (Diyah) calculation and pricing in the current era. Verse 92 of surah Nesa and its revelation bespeaks of the principal of Sharia and paying the Diyah. Diyah’s amount is determined at any time after reconsideration of societies’ and the victim’s interests by the Islamic ruler. In early Islam, the six main affairs of Diyah were confirmed, although most of religious judicial fines in the past were based on the Camel, Dirham and Dinar and when determining Dirham and Dinar, narrations and therefore it seems that in the current era, it is only cash that is the basis for getting the Diyah. This research also benefits from religious quotations and narrations. Manuscript profile -
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24 - Studying the Divorce Right of Women in Imamiyeh Jurisprudence
Foroozan Alaie NovinFamily plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divor MoreFamily plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divorce right as the right for men and leave some exceptions for women. The present article studies the different points of view of jurisprudents on the right of divorce in the cases that this right is given to women such as power of attorney to other than wife, when both wife and husband desire to divorce (Osro Haraj). Manuscript profile -
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25 - Quranic and Validity of the Retribution of the Murderer of the Murdered Woman
Fatemeh Mohammadi Davoud Dadash Nezhad Morteza BaratiMurder is the deprivation of one’s living right intentionally in ways provided by law. In Islamic law and jurisprudence, murder has been given particular importance as it is considered a cardinal sin and has been strongly denied and strongly disobeyed; the pe MoreMurder is the deprivation of one’s living right intentionally in ways provided by law. In Islamic law and jurisprudence, murder has been given particular importance as it is considered a cardinal sin and has been strongly denied and strongly disobeyed; the perpetrator has been promised a hard punishment in Hereafter. . On the other hand, murder and various opinions about it have always been a challenge for the judges since Holy Qur'an has not explicitly spoken about this type of crime and its punishment. This article tries to define retaliation as well as explaining the basis of the abovementioned verdict in Quran and traditions; comments on the jurisprudence of the Imamiyah and the public regarding this issue are discussed as well. Librarian research method has been applied. Manuscript profile -
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26 - Seeing moon in the current era
sedighe Mosadegh sedghiDeterm ining the first day of lunar months is all important thing to do specially tor performing religious duties.So determining the first day of' 'shavwa" has the great importance in comparison to the other months due to being dubious about do.ng two obligatory and for MoreDeterm ining the first day of lunar months is all important thing to do specially tor performing religious duties.So determining the first day of' 'shavwa" has the great importance in comparison to the other months due to being dubious about do.ng two obligatory and forbidden things-fasting on the last day of Ramadan and breaking: it on the first day of Shavwal.Determining the first day ofShavwal is one of the religious subjects and it is the duty of followers of that rei igion but due to being unable to investigate personally in this field.they usually refer to their religious authorities The jurists and astronomers have constantly attempted in the field of determining the first day of Shavwal Regarding the credit that lmamye jurisprudence has given to the meditative method and referring to the experts in all fields.v.e can nut neglect the importance of jurisprudence and astronomy cooperation on determining the first day of Shavwal. l ndeed.astronorners opinions can be :11 the service of religious authorities to lessen the probability of error.The current research is tr) ing to pace "long with these two sciences while offering solutions trorn jurisprudence and astronomy science. Manuscript profile -
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27 - A literary comparative study of the jurisprudential documents of the ruling of cursing the Prophet based on the opinions of the two teams
hamid reza dezhan esmaeil eslami mohammad fatehiSab-ul-Nabi is one of the topics of Islamic penal jurisprudence, which is very important and many verses and traditions refer to it. Since in Islamic penal jurisprudence, a special punishment is provided for this title. Therefore, it can be used as an argument for the o MoreSab-ul-Nabi is one of the topics of Islamic penal jurisprudence, which is very important and many verses and traditions refer to it. Since in Islamic penal jurisprudence, a special punishment is provided for this title. Therefore, it can be used as an argument for the opponents of this ruling. So, what is the plan of this topic, Sab-ul-Nabi? And who is Subal-Nabi? And what is its condition is of special importance. All Islamic schools of thought and all jurists of Fariqin have considered Sab-ul-Nabi as one of the crimes punishable by death. With this difference, there is no independent chapter under the title Sab-ul-Nabi in the jurisprudence books of Ahl al-Sunnah, so they examine this issue under the topic of apostasy. Therefore, in this article, the reaction of Iran's jurisprudential-legal system will be studied with analytical, descriptive and library methods. Key words: penal jurisprudence, criminal law, Sab- ul-Nabi, Sunnah jurisprudence. Manuscript profile -
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28 - The Cases of Necessity of Paying Khoms from the Viewpoint of Shia Jurisprudence
ali tahmasebipour hamid kavianifarAbstract Islam for the purpose of human purification, creation of equality and consolidation and maintenance of the society’s economical system and for the purpose of creation of utopia, has legislated some regulations which not only shorten the distances among r MoreAbstract Islam for the purpose of human purification, creation of equality and consolidation and maintenance of the society’s economical system and for the purpose of creation of utopia, has legislated some regulations which not only shorten the distances among rich and poor in the society, but also makes the life horizon for different classes even closer with regard to the wealth and material blessings. Khoms is one of the financial religious duties which is commanded by the supreme god to his servants. And in case that all the conditions are provided, every obliged person must pay that. Therefore, after allocation of the abovementioned financial duties on the shoulder of the obliged person, there shall be no right of possession; and necessarily he is obliged to distribute it among the people who deserve it. And about this necessity, just one case of delay up to one year for the purpose of deduction of the annual hoard of his wife and himself is permitted, and in other cases, this necessity is immediate, and there shall be no delay in its payment. On the strength of the verses of holy Koran and traditions of the infallible Imams, the payment of Khoms is obligatory for seven cases, including: spoils, mines, treasure, fishing materials, legal property mixed up with illegal property, growth of interest, the land which is bought by a rejected Kaffir from a Muslim.Keywords: Khoms, Khoms payment obligation cases, Shia Jurisprudence Manuscript profile -
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29 - Cucumber reviews for the sale of e-commerce
احمد مرادخانی hasan sadatAbstractAlthough electronic trading on the transaction compared to traditional trade practices, in terms of form has TfavtHayy but in terms of nature and the elements, there is no difference between them.due to their toddlers, as well as short amount of time that the a MoreAbstractAlthough electronic trading on the transaction compared to traditional trade practices, in terms of form has TfavtHayy but in terms of nature and the elements, there is no difference between them.due to their toddlers, as well as short amount of time that the adoption of its rules MyGzrd, from many aspects, in many cases, too vague and general and QanvnGzar silent and ignored many things that one of the issues, Since e-commerce laws responsive to the needs of the participants in the business gets involved not Option, the need for reform of existing laws and enact new laws, in accordance with the provisions of Islamic law respectively.Tvand have the concept of a parliament and as a result of such transactions possible is the cucumber.Keywords cases, too vague and general and QanvnGzar silent and ignored many things that one of the issues, Since e-commerce laws responsive to the needs of the participants in the business gets involved not Option, the need for reform of existing laws and enact new laws, in accordance with the provisions of Islamic law respectively.Tvand have the concept of a parliament and as a result of such transactions possible is the cucumber.E-commerce, cucumber fiqh, Islamic jurisprudence, continuous trading, law Manuscript profile -
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30 - Study of the Relationship Jurisprudence and Ethics and comparing its with Islamic law
زینب موسوی سادات سید محمد مهدی احمدیSome Muslim jurists believed that all various forces that are originated from some sources such as nature, reason, custom, competence and justice could obligate the rule and regulation of Islamic law. It seems that this phrase is not complete because first of all: the o MoreSome Muslim jurists believed that all various forces that are originated from some sources such as nature, reason, custom, competence and justice could obligate the rule and regulation of Islamic law. It seems that this phrase is not complete because first of all: the origins of religious orders is depended on the will of God and he would guarantee human happiness in this world and the hereafter based on the science and his favor , corruption and wisdom. So each human who has pure nature and common sense of course he could find out that obeying these regulation could guarantee his happiness in this world and the hereafter not anything else. Secondly: some sources that are mentioned in order to obligating legal rule of Islam as the total or separated, could not be able to obligate people so jurisprudence and ethics are placed in the practical wisdom area and some Islamic scholars have interpreted jurisprudence and ethics in the “trade” education and this field is included some sciences that learning them is needed for the act so the ethics is called as “Feghhe Akbar” and “Feghhe Asghar”. Manuscript profile -
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31 - Rising Sun of Moonlit Nights according to Worship Jurisprudence of Imam Khomeini (RA)
علی شیرخانیKhomeini (RA) Abstract During moonlit nights, the horizontally widespread brilliance of dawn is not revealed for minutes thanks to the moon and existing illumination seen in the horizon; this goes in such a way that if there was no moon in the horizon, the widespread li MoreKhomeini (RA) Abstract During moonlit nights, the horizontally widespread brilliance of dawn is not revealed for minutes thanks to the moon and existing illumination seen in the horizon; this goes in such a way that if there was no moon in the horizon, the widespread light had to be seen in the shape of a tiny line. Since the sun approaches its rise instantly, it gives birth to this light; but due to presence of moon and luminous horizon, the widespread light of dawn is visible after about 20 minutes of delay. At dawn during moonlit nights if dawn is the beginning, though dawn is not seen due to strong appearance of moon and it has risen in destined dawn or that present dawn is the start seen with unarmed eyes across the horizon, although it has risen in destined dawn. Of course, the second idea demands a 20-minute delay. The noted jurisprudents approved of the first idea believing that there is a difference between non-moonlit nights and moonlit nights, but Imam Khomeini (ra) believes that the dawn light needs to be seen in the moonlit nights and the measure lies not within its actual and destined appearance; therefore, minutes have to be waited and after increased dawn light is possibly observed, morning prayer service needs to be upheld. Keywords: Dawn, Present Dawn, Destined Dawn, Moonlit Nights and Worship Jurisprudence Manuscript profile -
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32 - The criminal responsibility of barbers for damaging the customer from the point of view of current jurisprudence and current Iranian rights
ahmad moradkhani fatemesadat taheriCriminal responsibility of women's hairdressers is in order to be accountable for health violations and harm customers. The present paper, by means of library and documentation, seeks to explain the criminals' liability for harm to the customer, which according to the a MoreCriminal responsibility of women's hairdressers is in order to be accountable for health violations and harm customers. The present paper, by means of library and documentation, seeks to explain the criminals' liability for harm to the customer, which according to the abovementioned materials can be said to be harmful, occurrence Damage, the rule of thumb is one of the most important conditions for the criminalizing of barbers 'criminals' liability for damage to the customer. The realization of the causal relation between the hairdresser's verb and the harm done to the client is a fundamental condition of the criminals' liability for barberists that the unauthorized acts and their involvement in medical professions are another condition of the criminally responsible hairdressers, so that most of the barber's crimes in the present age in this regard That the physical and financial penalties and penalties are one of the most important responses of Iran's criminal policy towards harming the client. In the jurisprudence, to the extent that the body and soul of the individual are protected, the intellectual property is also protected by the legislature. Manuscript profile -
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33 - International treaties, its terms and conditions in Islamic jurisprudence
Hossain Alam- alhoda سید محسن رزمی Mustafa RajaepourAbstractThere are many examples of the actions of the Prophet (PBUH) after the establishment of the ‎Islamic government in the establishment of numerous contracts with the infidels for the purpose ‎of peace, security, trade relations. On the basis of this, contr MoreAbstractThere are many examples of the actions of the Prophet (PBUH) after the establishment of the ‎Islamic government in the establishment of numerous contracts with the infidels for the purpose ‎of peace, security, trade relations. On the basis of this, contracts in the Islamic legal system are ‎divided into two categories: Specific contracts (fixed) and general contracts (indeterminate). The ‎first category includes contracts that are listed in Islamic jurisprudence on the titles, conditions ‎and works on them, and the latter are subject to the general rules of concluding contracts. These ‎contracts should include legal rules such as the rule of "domination of property" and the rule of ‎‎"believers on their treaties". In the Islamic legal system, the emphasis is mainly on the conditions ‎of validity or invalidity of the contracts, but no specific form of the treaties has been identified. ‎The financial conditions of the contracts are "intent and consent," "honor" and "legitimacy". Also, ‎concepts such as Dar al-Islam (Islamic country), Dar al-Kfar (Country of disbelief) and Dar al-‎Ahd (Area of the Treaties), draw the basis of international relations between Islamic governments ‎and other states.‎ Manuscript profile -
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34 - The relationship of human dignity and its impact on the formation of consumer rights in Imamieh jurisprudence And the laws and regulations of , govermental discretionery punishments با برنامه Google بگویید «Translate love into French»/«ترجمه عشق به فرانسوی». نه، متشکرمبرنامه را امتحان کنید به زبان دیگری با افراد صحبت کنید. نه، متشکرمبرنامه
arsalan miri جلال ایران منش ابراهیم تقی زاده جلال سلطان احمدیIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the princ MoreIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the principles Correct Islam leads to the maintenance of human dignity. Therefore, in this regard, it is necessary to lay down rules and regulations for the correct way of consumption and consumerism, through their explanation, the human principles of Islam and, in particular, its human dignity. The author attempts to investigate the role and relationship of human dignity and consumerism in Imami jurisprudence and its related laws, in particular the laws and regulations of government sanctions. The method of research in this article is a descriptive-analytical method which, based on the books and articles, has tried to analyze all aspects of the subject. The results of this research show that paying attention to the proper use of the dishes, the maintenance of human dignity and other values that human beings give us human beings. Manuscript profile -
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35 - Analysis of the scope of responsibility for paying blood money from Treasury in Islamic jurisprudence
Abbas Abedi Mohmmad mahdi AhmadiAccording to the principle of personal punishment, the offender must be responsible for the payment of blood money in the event of a crime. But this principle has some exceptions, one of which is the payment of blood money Treasury. The scope of liability of the bailiff MoreAccording to the principle of personal punishment, the offender must be responsible for the payment of blood money in the event of a crime. But this principle has some exceptions, one of which is the payment of blood money Treasury. The scope of liability of the bailiff in some cases, including in line crimes, is even known and available, but according to the law, the steward in the crime is not the guarantor of the payment of blood money and the bailiff is the guarantor in other crimes. In some cases, the offender has been held responsible for the payment of blood money, despite the lack of identification of Johnny and his inaccessibility, such as being killed as a result of disturbances and chaos. But in relation to social issues there are cases where, despite the entry of illegitimate damages, the responsibility for the payment of blood money and compensation is not borne by a specific person, and in the legal and legal texts it is not explicitly stated about them in such cases. Relying on principles of responsibility such as the jurisprudential rules of "the law of the infallible and the lawful" and "disaster", the responsibility to compensate for the dignity of human beings, to secure social justice, to promote public safety, and to support the restoration of their lives. He was in charge of Treasury and took steps in that direction. Manuscript profile -
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36 - The feasibility study of access to a common governance pattern among Islamic religions, with an emphasis on the role of the people
Mohamad Ahangaran Mohammad BeiroutiIslamic countries have the potential to converge in governmental jurisprudence; given the lack of divine sovereignty and the acceptance of the right to vote, explaining a common paradigm for electing a ruler seems a necessity.To elaborate on a common government model, f MoreIslamic countries have the potential to converge in governmental jurisprudence; given the lack of divine sovereignty and the acceptance of the right to vote, explaining a common paradigm for electing a ruler seems a necessity.To elaborate on a common government model, first the Sunnis presented templates include (forming salinity, marriage, intercession, conversion) executed by the people's allegiance, and of the three contemporary political ideas of Shi'a jurisprudence, two models (the Velayat-e Faqih and the Electoral Theory). We have put forward the theory of appointing a governor of the jurisprudence) for the ruling party. Salinity is endorsed by Islamic religions as a common paradigm (regardless of the foundations of formation).The patterns presented in the Islamic community's exponential balance have been explored in terms of corruption and corruption. Among all the patterns of government, there are materials and purposes that can be ignored; creating salience for the ruler.The challenge with which the pattern of shared government is in clear conflict is the acceptance of "sovereignty" and "supremacy" in Islamic societies. In the "domination" model, the government in Islam is presented as chaos, and in the "domination" model, in fact, the will of the people is impassable for the ruler. Manuscript profile -
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37 - The Funtions of the Proportionality between the Verdict and the Charge in the Jurisprudential Principles
Abolfazl Alishahi Mahdi Dehghan Simakani The concept of "proportionality between the verdict and the charge", which is of the exegetical methods of religious texts with an extensional approach to the subject-matter, manifests a relationship which helps the jurist achieve a verdict proportional to the cha More The concept of "proportionality between the verdict and the charge", which is of the exegetical methods of religious texts with an extensional approach to the subject-matter, manifests a relationship which helps the jurist achieve a verdict proportional to the charge, based on a social conception and a customary viewpoint, approved by the legislator, leading to a novel manifestation of the texts. The proportionality between the verdict and the charge, though not an independent reason itself, will result in this manifestation, i.e. it can be regarded as essential indications leading to the manifestation of the reason. In theologians' explanations, this concept which is regarded as the main method of the expurgation of the criterion and abolition of particularity in achieving the real subject-matter of religious injunctions, is a proof on the basis of the expurgation of the customary practice of law. This research aims to assess the dimensions and viewpoints of the proportionality between the verdict and its efficiency in different theological concepts and its function in the knowledge of jurisprudential principles. It will also shed light on the proportionality between the verdict and the charge has an effective role in the interpretation of judgments. Manuscript profile -
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38 - The stepchild alimony in Iranian law and Sunni religions
Mahdieh Mohammadi Mahdi MirdadashiThe problem of orphans because of the impact of these children on society, the growing number of them, the respect for human affairs, and thousands of other reasons has long been a concern of various societies, especially cultural, social and legal scholars And today th MoreThe problem of orphans because of the impact of these children on society, the growing number of them, the respect for human affairs, and thousands of other reasons has long been a concern of various societies, especially cultural, social and legal scholars And today their finances, including inheritance and alimony, are under investigation. This research has focused on these children for the aforementioned reasons And since there are divergences between Iranian law, Imamiyah jurisprudence, and Sunni jurisprudence, this article is about explaining and comparing jurisprudential opinions with legal ones in the field of alimony for these children and ultimately solutions for The implications of speculation on the status of such people are raised and suggestions are hoped to fall. Manuscript profile -
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39 - An Analysis of the Concept of Expert and Expertise in Islamic Ideology
Mahdi Fadaei Mehrbani Naser Garusi Saeed JahangiriThe purpose of the current study is to analyze the concept of expert and expertise in Islamic ideology. To this aim, the method of descriptive analysis was used to explain the concept of expertise in Islamic politics. The results revealed the perception of Muslims from MoreThe purpose of the current study is to analyze the concept of expert and expertise in Islamic ideology. To this aim, the method of descriptive analysis was used to explain the concept of expertise in Islamic politics. The results revealed the perception of Muslims from the concept of expertise and how it has performed as a criterion to determine the political boundaries in Islam. Shari’ta, like a text, needs to be interpreted and it requires elites, experts and jurists in religion. Politics in Islamic sense is fundamentally bound up with the concept of expertise, and the term “experts” often refers to the rulers and officials. Manuscript profile -
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40 - Jurisprudential principles of punishment and discipline of children by parents in jurisprudence
shirin shafie Tayebe ArefniaThe present study has studied the jurisprudential principles of children's educational rights in jurisprudence. Therefore, in terms of purpose, it is practical and problem-oriented, and the type of research is descriptive-analytical and is based on the library method. I MoreThe present study has studied the jurisprudential principles of children's educational rights in jurisprudence. Therefore, in terms of purpose, it is practical and problem-oriented, and the type of research is descriptive-analytical and is based on the library method. It seeks to answer the following questions: From the point of view of Imami jurisprudence, what is the purpose of disciplining children? Is it permissible to physically punish a child in order to educate him from the point of view of Imami jurisprudence? Research has shown that jurisprudential sources pay attention to the religious upbringing and moral upbringing of children and the duties of parents in these areas. The abyss of loss, corruption, and transgression took care of him and forbade him from sinning and accustomed him to good morals and manners. Manuscript profile -
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41 - A Glance at "Analogy" in the Sunnite and Imamiyyah Jurisprudence
Abolfazl AlishahiSunnis have recourse to "Analogy" (Qias) in their jurisprudential argumentation and generally regard it as a criterion, while Shiite jurists do not have an optimistic view about "Analog", though they have sometimes excluded some examples of analogy prohibited by t MoreSunnis have recourse to "Analogy" (Qias) in their jurisprudential argumentation and generally regard it as a criterion, while Shiite jurists do not have an optimistic view about "Analog", though they have sometimes excluded some examples of analogy prohibited by the legislator; however, the general viewpoint of Shiite jurists towards "analogy" is negative. "Analogy" is the inference of a partial religious decree from another. In other words, in a decree, one part is overgeneralized to another part. The question to be answered is whether the Imamiyyah Shiite negate the "analogy" wholly or accept it partially. This research, upon a survey of the Sunnite and Shiite viewpoints, has come to the conclusion that in Imamiyyah Shiite, some sorts of "analogy" are accepted in practice, in line with Sunnis. Manuscript profile -
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42 - A Comparative Study of Compulsory Insurance Law on Inflation in Islamic Jurisprudence and French Law
Mitra Shariatzadeh Abbas ArabKhazayeli SeyyedAsgari Hosseiny MoghadamThe aim of the present study is to compare the effect of coercion on the inflation insurance in the legal systems of Iran and France. Descriptive-analytical method was employed in the study and the results indicated that both countries, Iran and France, currently fail t MoreThe aim of the present study is to compare the effect of coercion on the inflation insurance in the legal systems of Iran and France. Descriptive-analytical method was employed in the study and the results indicated that both countries, Iran and France, currently fail to have a written law on compulsory inflation insurance; however, they are authorized to approve this law. Our country has formally recognized this necessity based on legal reasoning and found it easy to legislate. On the other hand, this law can come into force in France based on its Common Law system, if necessary. The findings of the study also show that formal recognition and provision of details in Iranian legal system is better than French legal system, so that it can be added as an article either to the Civil Code or insurance law; however, it has a time-consuming procedure. On the contrary, French legal system quickly recognizes supervisory structures independent of the legislature and the judiciary, and implements such a law that could protect individuals’ properties before an economic tsunami takes place. In fact, the only difference that matters between the two legal systems is speed. Manuscript profile -
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43 - Insurance of Foreign Investment: An International Trade Law Approach and Islamic Jurisprudence
Fatemeh AsaryForeign investment provides the country with economic growth. Thus, the entry of goods into the country has triggered a request for national currency that would lead to an increase in the value of the national currency. Foreign investment can be a surefire way to achiev MoreForeign investment provides the country with economic growth. Thus, the entry of goods into the country has triggered a request for national currency that would lead to an increase in the value of the national currency. Foreign investment can be a surefire way to achieve goals. The investor's assurance is a prerequisite for the implementation of the project. Therefore, the funds are insured against deliberate or unintentional threats and incidents of the victim and, at the same time, people in the country should be insured in the event of possible accidents. The legislator did not pay enough attention to the issue of the coordination of foreign investment insurance, and this has created legal uncertainties. But at the same time, according to the contracts and subcontractors of the insurance contract in these types of contracts, which are emphasized in Islamic jurisprudence and Iranian law, the filler is a vacuum in this field. Also, lack of information about legal issues and failure to observe certain points in the contracts, and the lack of coordination of internal laws of our country with international law resulted in non-payment of damages by the insured, which was also resolved with the pre-investment agreement. However, the legislator needs to take a step further. The investor must be aware of the legal credibility of the probable loss of insurance by the insurer in accordance with the domestic laws of the host country and international law. Manuscript profile -
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44 - An Explanation of Usury in Iran's Jurisprudence and Juridical System and the Ways of its Prevention
Afsaneh Aminikhah Tayebeh ArefniaThe purpose of the present study is to explain the nature of usury in Iran's jurisprudence and juridical system and the ways of its prevention. The method of research is descriptive-analytic and the results indicate that there are several causes involved in the criminol MoreThe purpose of the present study is to explain the nature of usury in Iran's jurisprudence and juridical system and the ways of its prevention. The method of research is descriptive-analytic and the results indicate that there are several causes involved in the criminology of usury which are effective in its occurrence; such as economic, social, and character causes which are all rooted in poverty and penury. Some other motivations that lead a person to commit this crime include laziness, evasion from work and activity and just seeking a shortcut to reach wealth and property. In order to oppose and prevent the crime of usury, the mass of people, including governmental and nongovernmental, should make an effort. Some ways to prevent the occurrence of usury involve correction and treatment of those who commit this crime, amendment and revision of previous laws, criminalization and even intensification of punishments against those who commit usury. Manuscript profile -
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45 - A Comparative Study of the Obstacles to Performing the Same Obligation in Islamic Jurisprudence, Iranian and British Law
Mohammad Reza Ashtari Hassan Pashazadeh Salman ValizadehThe present study aims to compare the obstacles to performingthe same obligation, in Islamic jurisprudence, Iranian and British Law. The method used in the study is descriptive analysis and the results showed that in the case of breach of contract, instead of obligation MoreThe present study aims to compare the obstacles to performingthe same obligation, in Islamic jurisprudence, Iranian and British Law. The method used in the study is descriptive analysis and the results showed that in the case of breach of contract, instead of obligation that compels the obligor to perform the same obligation or impede performance of the obligation or claim for damages or other compensations, the obligee has the right to make a claim either for the fulfillment of the same obligation or compensation. As long as there is no obstacle, the obligor performs the same obligation, and the court considers the request of the obligee. However, if it is not possible to compel the obligor to perform the same obligation or due to some obstacles, the judicial process prolongs or costs increase, the court is obliged to follow up. The obligee is also entitled to rescind the contract and doom the obligor to pay penalty for breach of contract. Manuscript profile -
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46 - The Role of Institutions in Domestic Production and Economic Growth from the Jurisprudential Perspective
Mahdi Rajabi Mustafa Rajaepour Mohammad Reza Kazemi Golvardi Reza FahimidoabThe purpose of the present study is to survey the role of institutions in domestic production and economic growth from the jurisprudential outlook. The method of research is descriptive analysis and it aims to answer whether economic jurisprudence is considered as an in MoreThe purpose of the present study is to survey the role of institutions in domestic production and economic growth from the jurisprudential outlook. The method of research is descriptive analysis and it aims to answer whether economic jurisprudence is considered as an institutional economy in its way of development. To this aim, the research relies on the hypothesis that Islam as a fundamental institution consists of a combination of interrelated legal, social, and ethical institutions working together based on a common system and following a fixed set of principles. Delving deep into these systems and understanding their roles in the economy is of special significance. By a systematic look at Islamic jurisprudence, some of the most important institutions for production are recognized to be economic security, responsibility of utilizing resources and wealth, protection of welfare in society, cooperation and public collaboration, normative ethics, and economic stability. The fulfilment of the objectives in each of the above institutions is followed through jurisprudential methods and rules. Manuscript profile -
Open Access Article
47 - The Place of Sahleh (Tolerance) and Samheh (Forbearance) in Marriage and the Role of Islamic Government in this Regard
Narges Ariannejad Alireza Asgari Seyyed Hasan AbedianThe purpose of the present study is to review the application of the principles of Tasāhol (tolerance) and Tasāmoh (forbearance) in marriage with an emphasis on the current social condition. The method of study is analytic-descriptive and the results showed that some im MoreThe purpose of the present study is to review the application of the principles of Tasāhol (tolerance) and Tasāmoh (forbearance) in marriage with an emphasis on the current social condition. The method of study is analytic-descriptive and the results showed that some important principles of marriage that are evident in the words of infallible Imams (AS) cannot be ignored. However, many cultural, financial, academic and … differences that are sometimes created as a result of selfishness, fastidiousness, and willingness to a totally successful marriage (perfectionism); can postpone the normal age of marriage. In this regard, it is needed to facilitate the sacred way of marriage by giving up fastidiousness. With respect to the duty of maintaining family institution that is the responsibility of the Islamic system; the state and government of the Islamic Republic of Iran is obliged to propagate the culture of Tasāhol in marriage by making some decisions particularly in cultural issues so that the sacred measure of marriage would be possible for all the youth in the country. Manuscript profile -
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48 - An Analysis of the Essence of Waiting Bonds in Jurisprudence; their Challenges and Inefficiencies
Manoochehr Ghafoori Mohammad Sadeghi Alireza RajabzadehThe present study aims to analyze the essence of waiting bonds in Islamic jurisprudence as well as their challenges and inefficiencies. The research method is descriptive-analytic and data collection was done by library method. The results showed that since bonds rely o MoreThe present study aims to analyze the essence of waiting bonds in Islamic jurisprudence as well as their challenges and inefficiencies. The research method is descriptive-analytic and data collection was done by library method. The results showed that since bonds rely on loans with interest, they are considered as a type of usury and Harām from the view of Islam. Thus they cannot be used in the Islamic countries for financial provision. To solve this problem, initially corporate bonds were issued; however, because they rely on physical plans, they will become useless when corporations face problems in buying finance and providing cash so financial experts have designed a new monetary tool to deal with this issue. Ultimately, Islamic financial instruments or bonds were produced through creating Islamic banking system. Although they have been release just recently and have not yet been tested amid financial crises and economic fluctuations, as well as other challenges such as religious restrictions, the contradictions between the Fatwās in Islamic financial affairs, the religious risk of using securities in the field of principles, lack of supply, stock-exchange game, lack of essential standards, legal and supervisory challenges, and ownership problems in bonds have created uncertainty in their long term success so the real risk ahead of investors will be immeasurable. Manuscript profile -
Open Access Article
49 - Mechanisms of influence of cultural and social factors on the determination of jurisprudence
Mahmood Mansouri Hossein Azhdarizadeh Mohammadhossein PouryaniThe present study was conducted with the aim of investigating the mechanisms of the influence of cultural and social factors on the determination of jurisprudence by a descriptive-analytical method. In fact, this research seeks to answer the question that what are the m MoreThe present study was conducted with the aim of investigating the mechanisms of the influence of cultural and social factors on the determination of jurisprudence by a descriptive-analytical method. In fact, this research seeks to answer the question that what are the mechanisms of the influence of cultural and social factors on jurisprudence? Since the rulings of the Holy Sharia are legislated according to the real interests and evils, the question that is often noticed and repeated is that according to the belief of Muslims in the immortality of Islamic rulings and the immutability of the rules and sanctities established by the hand of the Prophet Dear Islam, how and with what mechanism do new cultural and social factors affect the determination of jurisprudence in line with the dynamics of Islamic jurisprudence and in order to respond to the needs of the day The results of this study showed that cultural and social factors are effective in determining jurisprudence in the three areas of changing the actual ruling, changing the apparent ruling, and changing the government ruling with different mechanisms. In the field of changing the real rulings, cultural and social factors by creating a change in the subject of the ruling, the precedent of the ruling, the property of the ruling or the property of the ruling, as well as the deterioration of the cause of the ruling, as well as creating a change in the importance of the ruling and the occurrence of conflict between two rulings in the position of compliance, in the change of the real ruling and They affect its determination In the apparent rulings, cultural and social factors by creating a change in the appearance of the jurisprudential reason, making the case or seasonality of the ruling appear, discovering the governmental nature of the ruling, making the reason of the ruling appear to be high-ranking, and changing the meaning by paying attention to the normal or rational means of the meaning, change these rulings. They cause In governmental rulings, cultural and social factors influence the determination of jurisprudence by changing the importance of divine laws, interests, and public order through the ruling jurist. Manuscript profile -
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50 - The School of Jabal ‘Amil and Cultural Transformations in Safavid Dyn
Mohammadreza Abdolahnasab Ali Shirkhani Maghsoud Ranjbar The purpose of the present study is to investigate the effects of the Jabal ‘Amil’s school on the cultural transformation of the Safavid dynasty. In this regard and using descriptive-analytical method, it was attempted to survey the nature and extent More The purpose of the present study is to investigate the effects of the Jabal ‘Amil’s school on the cultural transformation of the Safavid dynasty. In this regard and using descriptive-analytical method, it was attempted to survey the nature and extent of the immigration of Jabal ‘Amil’s scholars’ to Iran, the formation of the Safavid dynasty and its relationship with Jabal ‘Amil’s scholars, the effects of Jabal ‘Amil on the Safavid social developments, and the establishment of the jurisprudential school of Isfahan. The results showed that due to their principled approach in jurisprudence, the jurists of the Jabal ‘Amil played an active role in the Safavid social sphere. They margined Sufi movements and increased their authority by consolidating the authority of Marja’iat and establishing an administrative network of the Ulama. Therefore, Shiite religious rituals were performed according to jurisprudence. Manuscript profile -
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51 - Governmental Jurisprudence in the Eyes of Imam Khomeini (ra)
هادی شاکری الهه بزمیان مسعود مطلبیShiite jurisprudence is constantly changing. With the victory of Islamic revolution and rule of community jurisprudents, many questions relating to area of jurisprudence in the Islamic community were shifted to system of jurisprudence where jurisprudent approaches opted MoreShiite jurisprudence is constantly changing. With the victory of Islamic revolution and rule of community jurisprudents, many questions relating to area of jurisprudence in the Islamic community were shifted to system of jurisprudence where jurisprudent approaches opted to answer them thanks to their Ijtihad and mental principles. The governmental jurisprudence is rulings that ruler of community based upon religiously anticipated norms and public interests of Muslims prescribes to preserve health of society, regulate the affairs and establish accurate relationships among organizations in the fields of culture, education, tax and so forth. In the meantime, Imam Khomeini (ra) by turning to his governmental approach established modern jurisprudence with a governmental attitude that believes in Islamic jurisprudence capability for managing the society and says the only way for achieving Shari’ah individually and socially is to establish the Islamic government. For him, whatever of powers and duties of the Prophet (s) and Imams after him, can be authentically applied to fully qualified jurisprudent. This article intends to study and analyze tools and approaches of the governmental jurisprudence in the opinion of Imam Khomeini (ra) through examination of definitions of jurisprudence and principles of governmental jurisprudence. And this is basically presumed that Ijtihad understanding of jurisprudents like Imam Khomeini (ra) from Shari’ah and jurisprudent sources involves a comprehensive directive for its systematization and supervision based upon instructions of governmental jurisprudence. Manuscript profile -
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52 - The Religious‐Text Features in Imam Khomeini’s Views and Their Influence on the Jurisprudential‐ Political Thought
Gholam Hassan MoqimiThe mechanism of Imam Khomeini’s dynamic ijtihad, besides developing a systematic relationship with the sources (the Qur’an, tradition, consensus and wisdom),&n MoreThe mechanism of Imam Khomeini’s dynamic ijtihad, besides developing a systematic relationship with the sources (the Qur’an, tradition, consensus and wisdom), enjoys a logical link with time and space and hence extracts the regulations for the political and social life out of them. Although the social structures of time and space limitthe juristswithin the context of the social environment and the realities of everyday political life (power relations), the only element for the jurist theoreticians to develop political thoughtsis "the legitimacy and supremacy of religious texts". The distinctive characteristic in Imam Khomeini’s Jurisprudential approach is its being based on religious texts. The present research assumes that Imam Khomeini’s social, systematic and comprehensive view toward the religious texts has caused his jurisprudential‐political deductions to be social, systematic and comprehensive, as well. For instance, he considers the governance as a component of religion and among the primary rules. The consequence of such a view is that Islam will be deficient without “the ruling of the religious leader”. This article is based on a holistic approach with reaches beyond the additive philosophy and it tries to extract the religious‐text features in Imam Khomeini’s view and study their influence on the political‐jurisprudential thoughts. Manuscript profile -
Open Access Article
53 - Cultural and Social Effects and Consequences of Tourism with Emphasis on Religious Tourism
Mohammad Rokhbin Mohammad Moghaddam Maryam Aghaei Bajestani -
Open Access Article
54 - The Roles of Ethic and Education from the Perspective of Religious Jurisprudence and Islamic Laws
Ali reza roostaee Sayyed Hossain VaeziEducational teachings from the perspective of Islamic jurisprudence and laws have performance bond. From the perspective of Islamic jurisprudence and laws, believing in God and feeling responsible for the learnt issues and applying them are necessary factors of educatio MoreEducational teachings from the perspective of Islamic jurisprudence and laws have performance bond. From the perspective of Islamic jurisprudence and laws, believing in God and feeling responsible for the learnt issues and applying them are necessary factors of education. The present study aimed to investigate about ethic and education from the perspective of religious jurisprudence and Islamic laws. Descriptive research methods, along with content analysis and library resources were utilized. The findings showed that the dynamic religious jurisprudence has always made an effort to present innovative solutions to the mentioned issues. What is really needed today is becoming religious not making a religion in this regard, the vital thing is getting to know the religious laws and regulations so as to become prepared for entering into the social life not just learning common theoretical phrases which are often learnt in all sections and are usually forgotten in a short period of time. Therefore, the need of applying religious laws and regulations in educational and ethical trainings is strongly felt and it, then, becomes one of the reasons that the religious books and lessons no longer appears unimportant, marginal, or compulsory. Manuscript profile -
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55 - The Concept of Man in Islamic Jurisprudence and Law and its Feedback with Theories of Mysticism and Sufism
bahman BabajanianThe subject of the article is a reflection on the epistemology of the human condition in jurisprudence and law and its relationship with mysticism and the method of mystical thinking. This research is to answer the question of how human rights and its levels are explain MoreThe subject of the article is a reflection on the epistemology of the human condition in jurisprudence and law and its relationship with mysticism and the method of mystical thinking. This research is to answer the question of how human rights and its levels are explained in jurisprudence and mysticism in various forms and to what extent. Theoretical research with analytical-descriptive method is the approach of analysis of research texts. The main hypothesis of the research is the connection of mystical theories and views with the principles of individual-social human rights. Rights and strategies are also explained in Islamic jurisprudence and principles. Some mystical theories seek to construct a position and consequently human rights for human beings. Others have expressed their views based on the defined rights of individuals. Manuscript profile -
Open Access Article
56 - A comparative study of the rule of negation of mustache from the point of view of Imamiyyah and Sunni jurists
Hossein Bakhshi shahrokh abadi Alireza Askari Seyyed Mohammad Mehdi AhmadiIn this research, it is devoted to the study of "the application of the rule of negation of mustache from the viewpoint of Shiite and Sunni scholars".The findings of the research indicate that the rules and principles of the Imami jurisprudence and the jurisprudence of MoreIn this research, it is devoted to the study of "the application of the rule of negation of mustache from the viewpoint of Shiite and Sunni scholars".The findings of the research indicate that the rules and principles of the Imami jurisprudence and the jurisprudence of the four Sunni sects regarding the issue of the rule of negation of the mustache, the principle of adherence to agreements and treaties, the rule of invitation, the rule of intimacy and brotherhood in relation to Islamic countries, peace Izzat Madar, the principle of preserving the system, Dar al-Islam and Jihad, and the viewpoints and points of view and the quality of reasoning were mentioned along with the mention of their evidence, and to reach the views of the jurists of the two religions, drawing rules and principles for it is very helpful.The results of the research showed that the Sunni experts said about the concept of negation of the mustache, the meaning of the negation of the mustache is the negation of proof and argument for the unbelievers on the Day of Judgment. Some said that it is negating the power that can destroy the government and the faith of the believers. Some said it is negation of enemies' rule; provided that they do not advise each other to falsehood, and give up evil deeds, and repent of their sins, and some have expressed another meaning. In Shia, according to Ibn Abbas and Yasa Hazrami, Manuscript profile -
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57 - Investigating Iran's legal and judicial criminal policy in the field of economic crimes with an emphasis on Islamic jurisprudence and Iranian law
Mehdi Dida Salameh Abolhasani Naghmeh farhoudIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has b MoreIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has become an acute problem at the national and international level, which in case of lack of control can challenge the efficiency, legitimacy and even the survival of governments in addition to political, economic, social and security consequences. . In order to solve this pervasive problem, in the first step, it is necessary to identify all the dimensions and characteristics of economic crime, and after being aware of this important factor, it must be carefully identified from the jurisprudential and legal point of view. The criminalization of economic crimes is one of the tools and mechanisms of the criminal policy of every country in dealing with crime and economic deviations; If it is not based on a reasonable and logical policy and solid foundations, not only will it not give the desired result, but it will also cause many economic and social problems. The judicial criminal policy of economic crimes is the core of the country's criminal policy, and Manuscript profile -
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58 - Repentance in Iranian criminal law, Imamiyyah and public jurisprudence
دکتر حیدرنژاد ali forotaniAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Method MoreAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Methodology: This qualitative research made use of descriptive-analytical method and was library-based.Findings: Islamic schools have agreed on the fall of the afterlife punishment in case of repentance, but there are differences of opinion regarding the fall of the worldly punishment. Although public jurists have not paid attention to the quality and conditions of repentance compared to Shia jurists, differences are evident in some jurisprudence texts between the four Arbaah differences. Sunni jurists believe that repentance before arrest is the reason for the reduction of the punishment, but there are dissimilar opinion in other extreme crimes, because some people, citing verses, traditions and analogy of priority, have considered repentance as the reason for the reduction of other punishments, except for the punishment of muharibeh.Conclusion: From the point of view of the Islamic Penal Code of 2013, repentance only causes the fall of punishments that have the aspect of pure divine right and has no effect on the rights of people; therefore, in Qazf and Muharebeh, after proving and mastering the criminal, repentance does not cause the reduction and fall of the punishment. The legislator's innovation in separating punishment crimes according to the degrees of severity and weakness and punishment and accepting the effect of repentance only in light crimes lacks justified grounds and legal balances and is against Sharia rules and in the position of expression. Manuscript profile -
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59 - Dakkatol-Qada in the Mosque of Kufa from an Ancient Point of View and Judging at the Beginning of Islam “Looking at the Judicial Jurisprudence of Ayatollah Mousavi Ardabili”
Zahra Ahmadi Afzadi Mohamad Sadegh Elmi Sola Hosein NaseriMoghadam -
Open Access Article
60 - Anti-competitive practices from the perspective of Imami jurisprudence, Iranian law, the United States and the European Union
javad niknejad majid khalilpourgorgani behnam ghanbarporWhereas, by communicating the general policies of Article 44 of the Constitution and emphasizing privatization, it has condemned anti-competitive practices, and on the other hand, from the perspective of domestic law, due to the adoption of Culture of the Islamic Republ MoreWhereas, by communicating the general policies of Article 44 of the Constitution and emphasizing privatization, it has condemned anti-competitive practices, and on the other hand, from the perspective of domestic law, due to the adoption of Culture of the Islamic Republic of Iran and the implementation of the general policies of Article 44 of the Constitution) and especially its ninth chapter, anti-competitive behaviors and procedures have been identified and that anti-competitive practices are in conflict with certain jurisprudential rules, especially the harmless rule. How to fight against anti-competitive practice from a jurisprudential-legal perspective is necessary. The main question of the present study is that in comparison between anti-competitive practices from the jurisprudential-legal perspective, In American and European law, their competitive evaluation process is based on certain criteria.However, it is possible that these agreements, their specific elements, may be subject to general exemptions and be exempted from the competitive exploration process. Manuscript profile -
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61 - Interpretation of the Concept of Public Interest, Accordance with the Thoughts of Who Advocate Constitutionalism with Emphasis on the Opinion of Sheikh Ismael Mahallti Gravy.
Nazanin Zahra Broghani Seyyed Mohammadreza Ahmadi Tabatabaei jalal dorakhshahThe concept of public expediency in the context of the history of Shia political thought and in different eras has been the focus of thinkers, including these jurists who have paid attention to the concept of expediency in the context of constitutional thought. The dist MoreThe concept of public expediency in the context of the history of Shia political thought and in different eras has been the focus of thinkers, including these jurists who have paid attention to the concept of expediency in the context of constitutional thought. The distinction between constitutionalism and monarchy knew that this important approach is at the threshold of the constitutionalism movement from the mothers of new political thought. The present study tries to show in what context Mahalati thought in the context of Mahalati's idea by using Skinner's interpretative approach while focusing on theept of public interest in the political thought of Mahalati? The hypothesis of his research states that the political thought of Mahalati is based on the defense of constitutionalism based on the observance of public interests, emphasizing on the constitutional government in accordance with rational arguments and the adaptation of religion in the age of occultation. Manuscript profile -
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62 - Political Sanctions and Its Impact on Contracts Based on Jurisprudence and Legal Solutions.
khosro معرعلیان Beytollah Divsalar Fakhrollah MolaiThe purpose of the current research is political sanctions and its impact on contracts based on jurisprudence and legal solutions, and the research method is descriptive-analytical. In the current conditions of contracts and obligations, they are heavily influenced by t MoreThe purpose of the current research is political sanctions and its impact on contracts based on jurisprudence and legal solutions, and the research method is descriptive-analytical. In the current conditions of contracts and obligations, they are heavily influenced by the political conditions of the country and the increasing price. And the lack of stability in the market has led to a severe loss to the obligee, who must compensate for it. It may cause unbearable difficulties for the obligee and lead him to the abyss of economic collapse. Now the question is whether the commitment of these people is still binding according to the sanctions or it can be changed according to the changes in the situation. However, due to unforeseen events, it is possible to revise the provisions of the contract and provide a clear and explicit solution in these cases based on jurisprudence. Manuscript profile -
Open Access Article
63 - Critical Review of "Fair Trial" in International Documents
Namdar Babayi Valiolah Ansari Ali qorbaniNamdar Babayi [1] Valiolah Ansari [2] Ali qorbani [3] Abstract: The concept of fairness in modern criminal law has influenced by the defendant-oriented philosophy. The major part of the rules on the substantive criminal law andprocedure has been arranged to guaran MoreNamdar Babayi [1] Valiolah Ansari [2] Ali qorbani [3] Abstract: The concept of fairness in modern criminal law has influenced by the defendant-oriented philosophy. The major part of the rules on the substantive criminal law andprocedure has been arranged to guarantee the rights of the defendant. This approach creates a complicated situation for the victim: He shouldtolerate the cruel as well as the criminal system considering him insignificant. The Universal Declaration ofHuman Rights, and in particular the International Covenant on Civil and Political Rights (1966),embodies such an idea. In so-called postmodern criminal law, this situation is undesirable, and the restorative justice approach, that guarantees the victim’s rights, tries to establish a balance between the plaintiff and defendant in the criminal justice process. In Islamic theology, correspondence of the hearing with God’s commands is the criteria of fairness while in Europe common’s judgment serves as the criteria of the fairness of the trial. [1]-Ph.D Candidate in Criminology and Criminal Law, Isalamic Azad University, Karaj Branch, goldenfit.web@gmail.com [2]- Assistant Professor, Islamic Azad University, North Tehran Branch, Tehran, Iran, drvansari98@gmail.com [3] - Assistant Professor, Islamic Azad Universit, Chaloos branch, Chaloos, Iran, agt1350@gmail.com Manuscript profile -
Open Access Article
64 - Gharari marriage and its effect on marriage from the perspective of imami and Hanfi jurists
jamshid Abdoyi Reza RanjbarContext and purpose: There are two general and specific readings about the rule of negation. For this reason, three jurisprudential views have been formed regarding the scope of the rule of negation of gharr: The first view considers negation of gharr as abbreviated to MoreContext and purpose: There are two general and specific readings about the rule of negation. For this reason, three jurisprudential views have been formed regarding the scope of the rule of negation of gharr: The first view considers negation of gharr as abbreviated to sale and lease, the second view considers barter contracts as subject to the provisions of negation of gharr, the third view accepts the application of the rule and negation . Gharar is considered necessary in all contracts. As a result of this disagreement, the question is whether gharar is prohibited from the marriage contract or not. Considering that there is a difference in the nature of the marriage contract among the jurists, the purpose of the present study is to examine the nature of the marriage contract and explain the effects of the Gharari contract in the view of Imamiyyah and Hanafiyyah jurists. Materials and methods: This research is of a theoretical type, the research method is descriptive-analytical, and the method of collecting information is a library, and it was done by referring to documents, books and articles. Ethical considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. Findings: The findings of the present research show that gharar is included in the dowry in the marriage contract and is not in the marriage contract itself, because the marriage is a contract that is not invalidated by the unknown exchange, and the Hanafi jurists include gharar in the dowry in a figurative way. have known that there is ignorance in the form of dowry. Result: To determine the position of gharar in marriage, we must first explain and specify the month of the marriage contract. There are two views in this regard. For they know A marriage contract is also necessary and necessary, in contrast to some people, considering the sanctity of the family institution and its importance, and the discovery of the legality of the marriage contract, it is not merely a contract of exchange, and it is not possible to exchange dowry, for example. Manuscript profile -
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65 - The criterion of violation of width and the way of protection against it in terms of Imamiyyah jurisprudence and Iranian laws
majid najafiAbstractDignity is used in two meanings in legal rules and regulations. The first meaning is the general meaning, which consists of repairing and compensating the damage caused by the lost dignity of a person. The second meaning is about the owner of a legal establishme MoreAbstractDignity is used in two meanings in legal rules and regulations. The first meaning is the general meaning, which consists of repairing and compensating the damage caused by the lost dignity of a person. The second meaning is about the owner of a legal establishment, which aims to express the legislator's respect for a person who has endured the sentence of the criminal and has shown that he is ready to enter the society by expressing decent behavior. It is a logical and rational rule that does not conflict with the constitution and the holy Sharia law and prevents the occurrence and repetition of crimes and encourages criminals to improve themselves. This institution originates from the principles and foundations of legal jurisprudence, which according to the ruling rules, should be searched for in valuable and unique institutions such as repentance and the rule of Jab.Key words: dignity, breadth, compensation methods, Imami jurisprudence. Manuscript profile -
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66 - The jurisprudential and criminological analysis of the violence of football spectators
Majid Aghaei ali saffaryThe present study, by describing violence and rapprochement, examines the views of biomedical criminologists and immigrant audiences in relation to the violence of football spectators. The basic issue of the violence of football spectators and the explanation of crimino MoreThe present study, by describing violence and rapprochement, examines the views of biomedical criminologists and immigrant audiences in relation to the violence of football spectators. The basic issue of the violence of football spectators and the explanation of criminological biology and jurisprudential theories about the violence of spectators in soccer is the suppression of biological views. The liberalism of transversalism Rationality and empiricism are the key to the attitudes of biocriminologists. Most of these opinions are related to the criminalization of individuals and the perceived violence of soccer spectators as a safety valve in the evacuation of instinctive devastating excitement which, if not evacuated to psychological illness, leads to the imamiyah, while paying attention to the material and emotional aspects of mankind and to eliminates the power of sports and non-violence. Soccer fans, with a keen heartbeat of respect for the wisdom of the people and the violence of the spectators, will be acceptable to the general government and the ambitions of the american ambassadors will be accepted.The Qur'an, as a human book and criminology as an anthropological science in the analysis of violence, can be a reflection of the thoughts of soccer fans to compensate for the criminological defects of violence. Manuscript profile -
Open Access Article
67 - the validity of absolute conjecture and its function in the new issues in terms of Imamiyah Jurisprudence
mohammad etemadi hormoz asadikoohbad Sayyed Hassan HosseiniAnalyzing the validity of absolute conjecture in response to the new issues in terms of Imamiyah Jurisprudence Abstract Absolute conjecture is a conjecture that there is no any definitive reason for the conjecture, including rational and narrated reason, except for th MoreAnalyzing the validity of absolute conjecture in response to the new issues in terms of Imamiyah Jurisprudence Abstract Absolute conjecture is a conjecture that there is no any definitive reason for the conjecture, including rational and narrated reason, except for the cause of the great obstruction; as there is no a particular reason for its lack of validity. The great obstruction means: At this time and the same time, it is impossible to obtain the knowledge of sentences and religious duties, because of the lack of access to the holy legislator and obtaining duty; on the other side, it is not possible to leave the duties; so, it is necessary to act based on conjecture and both basic and absolute conjecture have the validity. The current study considers absolute conjecture as the proof by this reasoning, and then, is concluded by expressing the jurisprudence approaches to the new issues and topics as follows: the advancement of science has caused the new issues in human life and wide and complicated social relations, that In the past, there were not these issues and relations and the effects of necessary laws, so the jurisprudent and the . Manuscript profile -
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68 - Jurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations
farideh tajfar Maryam Aqai Bejestani mohammad rohanyabstractJurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations The insoul of spirit into the fetus is the beginning of the inhalation of the divine spirit in the human body, Which is legally the source of important works. MoreabstractJurisprudential Meditations in the Age of the Spirit in the Fetus with Emphasis on Qur'anic Revelations The insoul of spirit into the fetus is the beginning of the inhalation of the divine spirit in the human body, Which is legally the source of important works. Therefore, it is necessary to address the age of insoul of spirit into the fetus, That has been the subject of some religious law as well, and the scrutiny of the jurists seems necessary. Famous jurisprudents consider the age of the insoul of spirit into the fetus to be 4 months old. But there are opinions about five and six months. In this descriptive-analytical essay, the author, while examining the arguments of all subjects, considers Sheikh Mofid's theory of the insoul of spirit into the fetus to be strong at six months And by referring to the interpretative points of verses 12-14 of Surat al-Mumounon on the stages of creation, he brings the Sheikh's vote is close to reality.. Manuscript profile -
Open Access Article
69 - The condition of fetus inheritance in Iranian law, Imamate jurisprudence and other Islamic religions
babak dojheydarlo seyyd bager seyyedi bonabiAbstract:An unborn baby still deserves to have rights and a personality. Some right such as; the right to inheritance, the right to survive, and other financial rights which are granted or endorsed for fetus, are fundamental rights. One of the main conditions for determ MoreAbstract:An unborn baby still deserves to have rights and a personality. Some right such as; the right to inheritance, the right to survive, and other financial rights which are granted or endorsed for fetus, are fundamental rights. One of the main conditions for determining the share of an embryo's inheritance is that the embryo was created before the death of the fetus. The next basic condition is being born alive of fetus, even if he/she dies immediately after birth. But when it is doubtful in which the baby was dead or alive, and there is no reason to prove it, the baby cannot inherit anything. There are differences in opinions between the jurisprudents of Islam, both the Imams and the jurists of fives Islamic religious. Some of them believe in the inheritance right of the fetus after death and some believe that living is the main condition of his/her inheritance. Also in abortion, it is accepted retribution and compensation for the killer, jurisprudents still discussing the inheritance and its extent. With the development of science and technology, new situations such as embryo development in the laboratory, artificial insemination, surrogacy, etc. are also among the most controversial issues among jurists and Lawyers. Manuscript profile -
Open Access Article
70 - Explaining the effects of diviation from the rules of Criminal Jurisprudence in Anti_ Smuggling goods and currency Act
saied atazadeh aliakbar mokhtari dastenaie mahmod gayom zadeh< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on More< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on the principle of 96 contradictory acts are doomed to failure by the guardian council and non_ conforming acts for exclusion of ((sense of contradiction )) than that usually approved by the same council. because of the generality of principle of non_contradiction, the rules of the subject of criminal law also necessarily follow this principle. principles such as the: Legality of Punishment, personal liability, the individual autonomy and proportionality of crime in accordance with the rules criminal jurisprudence, such as obscenity unstated punishment، principle of burden of sins (vizr) and rule of justice and ( al-tazir beme yarah al-hakim) in the case of litigants has been legislated in Islamic code. With authorizing the anti_smuggling goods and currency act influenced by some differentiation and paradigm of deterrence and utilitarianism, the legislator has disregarded the basic principles of criminal jurisprudence which are infact deviation from the contradiction rather than non_compliance with the most important constitutional principle that underlies the political system and with the approval of the law reffered to by the guardian council has been recognized by that council. Manuscript profile -
Open Access Article
71 - The nature and effects of Qa-Rar (risk) in transactions in Imamiyyah and Hanafi jurisprudence
Jamshid Abdovi Reza RanjbarQa-Rar in contracts and deals is a deal or a contract that is accompanied by risk, deceit, trickery, negligence, ignorance, deficiency, etc. The present study was conducted with the aim of explaining the nature and effects of Qa-Rar in Imamiyyah and Hanafi jurisprudence MoreQa-Rar in contracts and deals is a deal or a contract that is accompanied by risk, deceit, trickery, negligence, ignorance, deficiency, etc. The present study was conducted with the aim of explaining the nature and effects of Qa-Rar in Imamiyyah and Hanafi jurisprudence. Based on the research results; To realize the Qa-Rar in Hanafi jurisprudence; Gharr should be many and many, Gharr should be originally found in the contract, there should be no necessity and emergency for the contract, Qa-Rar should be in financial contracts. In Imamiyyah jurisprudence, for the realization of gharar in contracts; The fraud must be effective, the fraud must be effective in transactions, the fraud must be to the extent that the transaction is attributed to it, the fraud is effective in the validity of the transaction that is related to its case. Of course, the main difference between the two Hanafi and Imami schools of thought is related to the issue of necessity and urgency. Hanafi scholars believe that the sale of Qa-Rar is a sale that involves ignorance and danger, and the Holy Sharia forbids it and it is impermissible. In Imamiyyah jurisprudence, along with the prohibition of gratuitous contracts, they have also mentioned the sale of a distressed person and considered it abhorrent to deal with a distressed person. However, gratuity is prohibited in Imamiyyah jurisprudence, and if it is not to the extent that one can ignore it, It causes the cancellation of the transaction and contract. Manuscript profile -
Open Access Article
72 - Studies of Islamic jurisprudence and Islamic system based on Islamic standards and the Constitution of the Islamic Republic of Iran
reza asghari davood ghasemi ali babaei mehrThe study of the standards of the Islamic religion shows that it was not limited to the Prophet Khatam's mission and later; Rather, he presented a system from the beginning of Adam's life.The majority of Iranians changed the government to the Islamic Republic in support MoreThe study of the standards of the Islamic religion shows that it was not limited to the Prophet Khatam's mission and later; Rather, he presented a system from the beginning of Adam's life.The majority of Iranians changed the government to the Islamic Republic in support of the referendum of the Islamic Republic on 10/11/1358 AH and the ratification of the constitution adopted on 24/8/1358 AH. There have been discussions about reforming the system based on Islamic standards; some of the rules of jurisprudence are hidden or not enforced in the constitution, such as the place of Islamic medicine in systematization as a substitute for health and medical care under Directives 2301 /. 116, dated 9/2/1377 and 11415/13 dated 23/6/1377, prohibited physicians from performing cupping in the offices and led to a complaint against the Shari'ah and the constitution based on the 55th verse of the Holy Quran and the fifth principle of this law. نامه According to Letter No. 1647/21/80 dated 5/4/1380 Dear Secretary (Commentary dated 3/4/1380): The jurists of the Guardian Council: Mhhay banned bloodletting has pointed out that doing was illegal. "Circulars in judgments No. 118 dated 17/4/1380 General Board of Administrative Justice Court was falsified. In this paper, a descriptive-analytical method is used to measure the quantity and quality of people's and theocratic view of government. Manuscript profile -
Open Access Article
73 - Jurisprudential Foundations Citizenship Rights in the Legal System of Iran and Islam
moslem orange mohammadtagi alavi rahim vakilzadehCitizenship rights are one of the important topics and topics that widely pay attention to justice and equality and have found a special place in social, political and legal theories. The category of "citizenship" is realized in a society when all members of t MoreCitizenship rights are one of the important topics and topics that widely pay attention to justice and equality and have found a special place in social, political and legal theories. The category of "citizenship" is realized in a society when all members of that society have all rights. Have civil and political rights, participate in various fields and take on duties and responsibilities in line with the rights they have in order to better manage the society and create order. The purpose of this article is to examine the jurisprudence foundations of "citizenship rights" in Islam and the legal system of Iran and Islam; In order to achieve this goal, in this article, it has been tried to first examine the issue from the point of view of jurisprudence foundations, and finally, apply the issue of citizenship rights in the legal system of Iran and Islam. The current research is of a qualitative type and in a library method, which will be studied and analyzed by examining legal texts and materials related to the subject. The current research is of a qualitative type and in a library method, which will be studied and analyzed by examining legal texts and materials related to the subject. Manuscript profile -
Open Access Article
74 - Recognition of the Usage of Customs in the Jurisprudence System
khatereh shahinfard لیلا مهرابی راد Ali TavallaeiConvention is a source of subject laws so that we can consider many cases in the social order to be consequences of the common law or convention. A review of the early Islamic texts indicates that convention has been used as evidence for some minor jurisprudence rules, MoreConvention is a source of subject laws so that we can consider many cases in the social order to be consequences of the common law or convention. A review of the early Islamic texts indicates that convention has been used as evidence for some minor jurisprudence rules, and the theologians of the 2nd century AH have used it in their jurisprudence system. The present article takes a historical approach to review some functions of conventions in the jurisprudence system. The main difference between Imamieh and the Sunnite is the qualification of conventions in jurisprudence. In Imamieh convention is vastly applied to recognize the subject of rules and determine their concepts, limits, and instances. Implied significations are sometimes based on conventional requirements, and convention is always considered worthwhile as a clue to delimitations and determinations required by the jurisprudence expert. Moreover, exploration of jurisprudence based on the common law which is connected to the age of Innocent Imam (PBUH) can be a tradition. It must be reminded that the essential rules of reasoning and contention are discovered or confirmed on the basis of common law or convention.Key words: convention, common law, Sunnite jurisprudence, Imamieh jurisprudence, general custom, special custom Manuscript profile -
Open Access Article
75 - Theoretical and practical cases of Islamization of accounting science with the theory of accounting jurisprudence
ali matin Mikael Jamalpour Ibrahim Navidi Abbaspour akbar kanani Heydar Mohammadzadeh SaltaConsidering that accounting jurisprudence is a new and important subject, this article is written with the aim of examining the jurisprudential model and Islamic ethics of accounting and its development from an Islamic point of view, and the research method is qualitati MoreConsidering that accounting jurisprudence is a new and important subject, this article is written with the aim of examining the jurisprudential model and Islamic ethics of accounting and its development from an Islamic point of view, and the research method is qualitative through the method of content analysis focusing on the verses of the Holy Quran and Jurisprudence and moral issues have been done. By posing this main question of the research, has the current accounting with national and international standards in terms of methodology, followed the correct path for the purpose of Islamic development? This research states that all the needs of growth and perfection are present in the religion of Islam, and only divine guidance can provide the means for their proper flourishing and guide them to the desired destination. Among the results of the research, we can point out the lack of research activities in the field of accounting jurisprudence and the lack of application of research methodology in terms of such things as sources used, validity and reliability, research method, society and sample of researches, in order to develop Islamic accounting. And this general conclusion was reached that all the problems are related to non-adherence to Islamic methods and methods in contrast to the strategies and methods of induction of international organizations. The basic strategy to get rid of these problems is to know the basics of Islam and social scientific movement to achieve scientific and practical results in this field (accounting jurisprudence). Manuscript profile -
Open Access Article
76 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been consi MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate contract. Manuscript profile -
Open Access Article
77 - The role of experts in the field of Islamic law in the realization of administrative justice
Mohammad Habibi Faramarz AtrianIn Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. According to the ev MoreIn Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. According to the evolution, development and progress achieved in this regard, the proof of some issues has become very complicated and their diagnosis requires special expertise which by providing technical and specialized information, the truth of the matter becomes clear from this. It is very important to refer to experts in order to conduct research and discover the truth in many topics including criminal, legal, family and custom affairs, etc. This research aims to investigate the role of Islamic legal experts in realizing administrative justice. The findings of the research show that based on jurisprudence texts in the Civil Procedure Law and other related laws, referring to an expert and choosing an expert is subject to special systems in criminal matters, as well as Articles 448, 451, 452, 461, 463, 469 of the Islamic Penal Code. Refering to experts according to articles 83, 84, 85, 87, 88 of the procedure of public and revolutionary courts in criminal matters by inviting experts to express their opinions from a scientific and technical point of views and special information and even to attract them in The crimes of disrupting security and public order in case of non-attendance without a valid excuse have been mentioned. Manuscript profile -
Open Access Article
78 - A comparative study of the causes of inheritance in “Imami-Shia” jurisprudence with Jewish religion
AliGholi Rashidi سید حسام الدین حسینیSince in the current era with the globalization of Islam, the intensity and speed of the enemies of Islam are increasing day by day and they have not given up any efforts to attack the body of Islam, it is necessary to explain and explain Islamic laws on the basis of ju MoreSince in the current era with the globalization of Islam, the intensity and speed of the enemies of Islam are increasing day by day and they have not given up any efforts to attack the body of Islam, it is necessary to explain and explain Islamic laws on the basis of jurisprudence. It arrives One of the biggest tactics of foreigners is to raise dubious issues in order to make Islam incomplete. Therefore, the comparative method between the Islamic laws of Iran and other religions is the best solution to eliminate doubts. Now the question that is raised is the causes of inheritance in “Imami-Shia” jurisprudence with the Jewish religion and the differences between those two religions. In the basic concepts of inheritance, Islam has many similarities with divine religions, including that the causes of inheritance in divine religions are common, descent and cause (based on kinship). In addition to lineage and reason, Jews also consider Tabani as the cause of inheritance. Adoption (adoptive child) was common even before Islam and was banned by the rules of Islam. The findings of the research indicate that in both religions there is a common point in benefiting from inheritance, in which a man is preferred over a woman and a boy over a girl. Of course, the intensity of this matter is much stronger in Judaism than in “Imami-Shia” jurisprudence. Manuscript profile -
Open Access Article
79 - Documental and Implicational Study of Stoning Decree
Aliakbar Rabinataj Zeynab Zargar Hajar Asadi Mojtaba HosseinezhadDoctrine of Islamic punishment aims to create individual and social security for the society. Also, safety of the society is depended on stability of the foundation of family. Stoning is a fixed and necessary decree from the perspective of the majority of Islamic sects, MoreDoctrine of Islamic punishment aims to create individual and social security for the society. Also, safety of the society is depended on stability of the foundation of family. Stoning is a fixed and necessary decree from the perspective of the majority of Islamic sects, but some groups deny it based on their different viewpoints. The judicial approach is one of the most important approaches, because in addition to consensus, numerous traditions will corroborate this decree. These traditions are divided in terms of meaning in two positions: Evidence and Proof. Therefore, although some of the opponents accept these traditions in the position of Evidence, but others reject it in terms of Proof or implementation of stoning in the era of The Prophet and Infallible Imams, and so they try to show them invalid by criticizing the text and document of these traditions too. This study, by explanatory and analytical method, checks the validity of the traditions of stoning decree implementation in the four books of Shiite. The findings indicate correctness of these traditions and implementation of stoning in the era of The Prophet (pbuh) and after it. Manuscript profile -
Open Access Article
80 - Historical Investigation on the Rule of Wage Earning for Performing Obligatory Prayers
Ali Jabar golbaghi Abbasali Soltani Mohammadtaghi FakhlaeiThis article deals with the impact of critical notion of Shahib Al- Orweh plus high position of the scholars of Shiite jurisprudence in the course of time. It also clarified the first appearance and the process of growth and explanation of this issue. The votes of Sahib MoreThis article deals with the impact of critical notion of Shahib Al- Orweh plus high position of the scholars of Shiite jurisprudence in the course of time. It also clarified the first appearance and the process of growth and explanation of this issue. The votes of Sahib Al- Orweh has left great impact in this domain. Manuscript profile -
Open Access Article
81 - A Critical Study of Womenâs Judgment Prohibition Theory from Jurisprudence Philosophy Perspective
Alireza Pouresmaeili Alireza sadeqiWomen as judges has been one of the most challenging subjects in Shiite Jurisprudence (Fiqh), Law, Qur'anic Sciences, Hadith, and other fields. Some researchers in these fields have studied the women capacity for judgment and have tried to criticize the conventional app MoreWomen as judges has been one of the most challenging subjects in Shiite Jurisprudence (Fiqh), Law, Qur'anic Sciences, Hadith, and other fields. Some researchers in these fields have studied the women capacity for judgment and have tried to criticize the conventional approach in Shiite Jurisprudence that denies women's capacity to judge. This paper seeks to address the subject from a new perspective, i.e. the philosophy of Fiqh, and highlights the importance of Fiqh philosophy in Shiite jurisprudence, suggesting that this gap is created due to ignoring reasoning in Shiite jurisprudence. Finally, it is concluded that the issuance of such judicial decrees (Fatva) in Shiite Jurisprudence is rooted in the inefficacy of anti-rational Jurisprudence (Ijtihad) which can discredit Sharia as well Manuscript profile -
Open Access Article
82 - The Place of Logical Usages in Criminal Jurisprudence
mojtaba javidiThe logical usages is the practical way or mental opinion of all the rational people all over the world, regardless of their spatial, temporal and religious differences, which find it useful and good in dealing with a phenomenon. There are two general views about the cr MoreThe logical usages is the practical way or mental opinion of all the rational people all over the world, regardless of their spatial, temporal and religious differences, which find it useful and good in dealing with a phenomenon. There are two general views about the criteria of validity of logical usage: first, instrumental validity and second, per se validity. The validity of new usages is based on second view. Although logical usages are used by jurists in criminal jurisprudence but it seems that it should has more important role in criminal jurisprudence. Some of its applications in the criminal jurisprudence are: the definition of “Herzâ€(protected), what is robbed needs to be property, the criterion of Roshd (growth), the mere criminal intent has no punishment, the community needs to regulate, impose criminal penalties and restrict freedom, financial penalties as a kind of “Tazirâ€(punishment). Manuscript profile -
Open Access Article
83 - Evaluating Juvenile Penal Code in Islamic Jurisprudence in Iran
jalalodin Ghiasi masoud heidariLimiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of MoreLimiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of Iran. Here, the issue of coming of age and being a responsible person in front of law, according to Quran verses is analyzed and compared with the legal and psychological opinions regarding the presented standards by the impeccable’s on puberty through verses in Quran specially the level of its comparison with puberty criterion and penal liability that exists in Iran which is implemented according to the ideological nature of religious laws in Iran. Manuscript profile -
Open Access Article
84 - The Passenger Prayer in Quadruplet Holy Stead from the Imamiah Jurists' Viewpoints
Sedigheh mosadegh sedghi ashraf ghanbariIt is clear that one hasn't decision to stay in a place for ten days‚ his prayer is fraction (QhÄsr). But in this subject is exception for example praying in Quadruplet Holy stead (MÄkah‚ MÄdinah‚ MÄsjÑ—d KÅ«fah‚ HaÑ—r Hosein) ‚ that in this occasion was v MoreIt is clear that one hasn't decision to stay in a place for ten days‚ his prayer is fraction (QhÄsr). But in this subject is exception for example praying in Quadruplet Holy stead (MÄkah‚ MÄdinah‚ MÄsjÑ—d KÅ«fah‚ HaÑ—r Hosein) ‚ that in this occasion was very logical debating. Wherever the words of Shiite Jurists in this subject is diverse so were studied the ambiguous words in this article. Undauntedly the fountain of those differences in verdicts of jurists in those subjects is in the variation of deduction from stories & proofs. The verdicts of jurists were cleaved to three groups. Some of them were believed to fraction of prayer & the other group was believed to end of prayer & the tertiary group was believe to option & rather to end of prayer in those places. So the opinions of any groups were culled after the study visionary deeds. Manuscript profile -
Open Access Article
85 - Lawful Nature of Dowry, its Relation with Perpetual Marriage in Family Right System of Islam
amanollah alimoradiDowry is the property that a man should pay after marriage contract to his wife. Since it is often costly that the man can’t pay it or he doesn’t want to pay it, its degree must be rational and according to the man’s property In this case, the man can pay it. Oth MoreDowry is the property that a man should pay after marriage contract to his wife. Since it is often costly that the man can’t pay it or he doesn’t want to pay it, its degree must be rational and according to the man’s property In this case, the man can pay it. Otherwise, the man may be imprisoned if he can not pay it. One of the factors for determining costly dowry is lack of true viewpoint about the nature and role of dowry. In the present article, the author explains it completely. Based on judicial sources, dowry can't prevent divorce. In fact, it is legal present with spiritual purposes for wife respect. Based on Islamic religion, dowry should be for marriage easiness and life relief. But in the present time, the exact meaning of dowry is forgotten. Manuscript profile -
Open Access Article
86 - Subversion in Modern Juridical-Legal System
abozar aliakbari hany mahmoudiAfter many years from Islam appearance and existence of different ideas and also different jurisprudence, Shiite jurisprudence has more prominent role in so far as friend and enemy confess it. Epidemic program of Islam for social life is the symbol of universality. Henc MoreAfter many years from Islam appearance and existence of different ideas and also different jurisprudence, Shiite jurisprudence has more prominent role in so far as friend and enemy confess it. Epidemic program of Islam for social life is the symbol of universality. Hence the role of jurisprudence in society management, one of the more important programs is to discipline in the society, is very important. Jurists express its programs and methods too. Nowadays, one of the current crimes is subversion which can remove discipline and security of society and finally change the government. In this research we explain subversion and the status of Shiite jurisprudence and Sunni viewpoint about it too. Manuscript profile -
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87 - Judicial Study of Blood Money Considering the Present-time Conditions
Mahmoud Aghajani Ahmad Abedini mohammadali heidari Nadali AshooriThis research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or n MoreThis research aims at reviewing the religious jurisprudence of the amount of blood money and the slaughterer’s arbitrary choice, meaning whether the six forms in which the blood money can be paid (camel, ox, sheep, Dirham, Dinar, Yamani Hilla) are still valid or not? Or is it logical that the slaughterer have arbitrary choice over these six forms of payment? According to Shiite Religious Jurisprudents’ fatwa and the Words, the blood money of manslaughter of a Muslim male is said to be in one of the six forms (camel, ox, sheep, Dirham, Dinar, Yamani Hilla). The most prominent Shiite religious jurisprudents believe that the slaughterer is free to choose among these said forms, but the results of this study shows firstly that these six forms of blood money payment are not valid at the present time, rather, what was intended by the religious lawgiver had been some amount of money determined by the Islamic ruler in accordance with Sharia’s references and the era’s conditions to be paid to the slaughtered in order to prevent the blood of a Muslim going to waste, secondly that the arbitrary choice of slaughterer in the form of payment is not logical at present conditions. So it is recommended that the amount of blood money and the arbitrary choice of the slaughterer be revised by the Shiite religious jurisprudents with religious deducing according to present time conditions. The method of this study is descriptive-analytical in which the necessary information has been gathered by studying The Words and reviewing some of the prominent Shiite’s religious jurisprudents verdict on manslaughter’s blood money Manuscript profile -
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88 - investigating the phenomenon land speculation take a look at imami jurisprudence
ROHOLLAH NIAZAZARI mahmoud ghauomzade saeid atazadehThe phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the pr MoreThe phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the property of natural and legal persons in any way is condemned under several verses and hadiths and in the words of jurists in the form of jurisprudential rules this issue has been written. Examining the provisions of well-known rules such as harmlessness, sanctity of false property, respect for Muslim property, pride, usurpation, etc., which are sometimes the basis of various laws in the financial, economic and social relations of the Islamic society, are the concern of the Shari'a. It also proves the necessity of studying and explaining efficient laws in this emerging issue in the first way. This article seeks to determine the undeniable necessities in the intellectual stream of Imami jurisprudence, the formulation of an independent crime, the mapping of the correct path of supervision, the identification of areas and openings for the expansion of this harmful phenomenon in society, which should be in the form of laws. The text should be revised and implemented by the legislator of the Islamic government with the utmost care and delicacy Manuscript profile -
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89 - Jurisprudential and legal challenges of Bitcoin in Iran's legal system
asghar khajavi Syed Morteza Ghasem Zadeh Kourosh JafarpurIn our country, there is still no unified position and coherent regulations in the field of virtual currencies, especially Bitcoin, and in order to formulate appropriate laws, it is necessary to know the jurisprudential and legal challenges of this trend. In terms of le MoreIn our country, there is still no unified position and coherent regulations in the field of virtual currencies, especially Bitcoin, and in order to formulate appropriate laws, it is necessary to know the jurisprudential and legal challenges of this trend. In terms of legal analysis, the findings of the research showed that bitcoins are in the form of numbers and data, they are considered a non-physical money, which are considered real (not benefit) in terms of having existential independence and not depending on another's property. From a legal point of view, these currencies are considered tangible, movable, scarce, and they should be classified as objective rights.The analysis of bitcoin using purely legal and jurisprudential techniques and arguments in the context of private law and personal jurisprudence indicates that there is no major problem and obstacle in front of the prescription of this currency and related transactions, but because virtual currencies with wealth, resources Financial and in general economy of the society is related. Explaining the topics in the light of public law and government jurisprudence is more compatible with reality. Manuscript profile -
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90 - The Professional Ethics of Industries in Shiite Jurisprudence and Professional Texts (Case Study: the Right of Supervision over Industries)
Mehrdad Aghasharifian Parviz Rastegar Jazi Mohsen Ghasempour RavandiThe Shiite jurisprudence, due to its comprehensiveness, is one of the richest and most important sources which can be applied in studying the etiquettes and moralities involved in business. The jurists have mentioned various teachings in form of religious precepts inclu MoreThe Shiite jurisprudence, due to its comprehensiveness, is one of the richest and most important sources which can be applied in studying the etiquettes and moralities involved in business. The jurists have mentioned various teachings in form of religious precepts including obligatory, unlawful, recommended and disliked rules in the legal works devoted to business and trading in Islam. Such legal teachings can create certain principles and bases known as professional ethics used in the fields of economics, business and industries. Furthermore, such principles have been reflected in some professional texts, particularly in some chivalry-manifestos presented by certain business. This essay, as a legal research, seeks to indicate the degree of Shiite jurisprudential influence on the emergence of specific principles of professional ethics in different business using a library base and descriptive method and by comparing the legal texts on the one hand and the professional texts on the other. The main question which this essay tries to answer is to know what principles can be inferred from analyzing and comparing the Shiite jurisprudential teachings and the professional texts written in this regard. Based on the findings of this article, the following principles can be extracted from the above mentioned analysis: the obligation of providing livelihood, and giving reverence to business, the necessity of gaining knowledge for business, the necessity of pursuing the example of religious role models in different businesses, the requirement of attending to ethics and spirituality in work, the obligation of adding prayer and devotion in all works. The blessing in work and business can take place in the light of proper businesses which can be achieved through legal analysis and by supervising the jobs as one of the principles of professional ethics in business. Manuscript profile -
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91 - Jurisprudential bases of punishing corruption in the land for embezzlement (Article 4 of the law on intensifying the punishment for bribery, embezzlement and fraud)
Zakiyeh EbrahimzadehThe punishment for embezzlement is tazir،and inArticle 4 of the law،it has been ntensifie that if embezzlement is an example of corruption in the world ،The punishment will be an example of corruptionin the earth.Aninportant question arises asto how embezzlement canbe c MoreThe punishment for embezzlement is tazir،and inArticle 4 of the law،it has been ntensifie that if embezzlement is an example of corruption in the world ،The punishment will be an example of corruptionin the earth.Aninportant question arises asto how embezzlement canbe considered as an example of corruptioninthe earth .what is the criterion of embezzlement and offsad in the world?The meaning of corruptionin on earth is any action that causes the financial loss of the youth or morals of society and leads to the ruin of that society.Therefore’ the scope corruption on earth is wide and it is not limited to a specific act or type of sin and corruption،but with regard to by its naturei،t is an independent title from the punishment that the lslamic ruler can’by determining the conditions، rule on the correctness of applying the punishment of ofsad fi al-arz on embezzlement or its non-compliance.The relationship between these two titles is not equal. Theresult of this article is that Applying embezzlement to offsad in the world is conceivable if embezzlement causes deprivation of the general economic security of the society and creates financial disturbance in the lslamic society. The following article is presented using library and software resources،descriptive and analytical. Manuscript profile -
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92 - The government's civil responsibility in protecting citizens' health from the perspective of Shia jurisprudence, citizenship rights and international documents
hossein esmail zade Abbas Moghaddari Aimiri Abdolhamid MortazaviThe right to health and treatment, as one of the obligations of the government, provides the necessary platform for better implementation, and citizens will be able to achieve their legal rights in a better way. Governments have duties to protect the health of citizens, MoreThe right to health and treatment, as one of the obligations of the government, provides the necessary platform for better implementation, and citizens will be able to achieve their legal rights in a better way. Governments have duties to protect the health of citizens, and if the government does not fulfill its obligations and causes damage to citizens, the government must compensate for the damage. Especially since the government is fully responsible for providing public health and meeting medical needs, according to the covenant between the nation and the government and international agreements and obligations. Therefore, the civil responsibility of the government means the responsibility arising from the activities of the government. Therefore, it will be stated in this article, the government's responsibility may be due to the failure to fulfill the duties towards the people, the undesired performance of the duties, or the delay in the fulfillment of the duties and obligations of the government towards the people. Therefore, the civil responsibility of the government may be due to the performance of the government or government employees who have played a role in the occurrence of factors that affect the health of the people, or they did not do so in situations where they could have prevented it or solved it. Manuscript profile -
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93 - A Research on the Periodography of the Imamiyah Jurisprudence
mansour amirzadeh jirkoli Akbar FallahThe science of jurisprudence has witnessed many ups and downs and has gone through different periods since its emergence. However, periodography of jurisprudence is a newborn field of study.Knowledge of the historyof jurisprudence and its periods and the status of juris MoreThe science of jurisprudence has witnessed many ups and downs and has gone through different periods since its emergence. However, periodography of jurisprudence is a newborn field of study.Knowledge of the historyof jurisprudence and its periods and the status of jurisprudential practice in different periods can assist in a better understanding of jurisprudence and factors affecting its ups and downs. Sunni scholars have begun to write distinctly about the history of jurisprudence before Shia scholars, but they have failed to refer to the Shia history as an independent phenomenon. Shia jurisprudence historians have categorized Shia jurisprudence into different periods each using their own specific criterions. For instance, Shehābi has investigated different periods of jurisprudence based on time criterion, while Āsefi has studied the history of jurisprudence based on location criterion. This study used an analytical-descriptive method and contains two parts: the first part reports on ten cases of general periodographies of Imamiyah jurisprudence and then the related works has been analyzed following each case. In the second part of the paper, the authors have discussed Imamiyah jurisprudence within thirteen periods with respect to the development of jurisprudence due to the gradual evolution of jurisprudents' views. Manuscript profile -
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94 - Juridical recognition of sexual education and matching it with 2030 document
Sayyad Ali Poomanuchehri Hadi AbangahUpbringing is the base line in each society and life period of each society depends completely on this important issue. Based on this holey saying, “God has equipped human to the power of thinking which can be the best guide in their way of living”, the disc MoreUpbringing is the base line in each society and life period of each society depends completely on this important issue. Based on this holey saying, “God has equipped human to the power of thinking which can be the best guide in their way of living”, the discussion of sexual training and its jurisprudential and the pros and cons of that, is one of the most important issues that since the beginning of Islam religion. Considering the importance of this fact, the scrutiny of this title has a special place. It is worth noticing that based on the distribution of sexual deviance in today's world, the recognition of practical practices of sexual training along with Islamic jurisprudence and its related issues has to be considered. Thus, each topic expressed through telegraphic rulings which are not, of course, ceremonial matters, but its principles expressed through forms of Obligation and Respect. Hence, in this article, sex trainig is addressed because of the sensitivity of this type of education and its close relationship with the commission of sin and its declaration through the right direction and with use of Quranic documents. In this way, it deals with religious law and its peruse in the form of rational documentation has been matched with 2030 document. Manuscript profile -
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95 - Jurisprudential and Legal Foundations of Article 111 of the Constitution Regarding the Withdrawal of the Leader
Valiollah Hedarnejad Mahmod Jamal-aldin ZanjaniAfter the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the consti MoreAfter the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the constitution, it becomes clear that the withdrawal is meant to be the same as the so-called resignation which must be approved by the Assembly of Leadership Experts. However, the lack of anticipation of the mechanism for the resignation of the Supreme Leader, authority for its acceptance and its quorum in the Constitution and the internal regulations of the Assembly of Leadership Experts is a source of criticism. From the point of view of Imamiyyah jurists, leadership (velayah) is one of the categories of decrees, so it cannot be revoked and handed over and it is not possible for the ruler to resign. On the other hand, acceptance and continuation of the position of Velayat-e-Faqih is a religious duty. If the position of Velayat-e-Amr is determined in a single and specific person, the obligation of Velayat-e-Amr will be an imperative obligation and he can not refrain from continuing it. However, if there are numerous people who are qualified and leadership is not exclusively assigned to a specific person, and the resignation of the leader does not have a corrupt consequence in the maintaining of the system and is not against the interests of the Islamic society, after the approval of the Assembly of Leadership Experts, resignation of the leader is possible. A governmental study of the life of Imam Ali (PBUH) also shows that in the most difficult circumstances, as a divine duty, he was in charge of the Islamic society with strength, submission and leadership, and the doubt in his resignation from the government after the third caliph is lacking in prestige. There is no consensus among Sunnis on the permission and posibility of the caliph's resignation, but generally the permission to resign has not been accepted in the first place, and it is generally held that the resignation of the caliph is not permissible if there is no one to replace him. The caliph is restricted even among Sunnis. Manuscript profile -
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96 - Functions and territory of the people's participation and Non governmental organizations in the criminal prosecution process based on Imamiyah jurisprudence
rouzbeh asghari hasan hajitabar firozjaee Abolhasan ShakeriThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the crimi MoreThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the criminal justice system in preventing delinquency by resorting to unilateral and repressive approaches led scholars of the criminal rights to think about the policies of "non-intervention of criminal rights" or in its modified form, "limiting its intervention in the criminal process" and instead of that, introducing more people and social institutions.The conclusion of the research is that Iran's criminal justice system influenced by the developments of criminal sciences and inspired by the basics of jurisprudential and trusted by civil society and in order to take advantage of popular participation capacity and social institutions, proceed to predicting institutions such as criminal mediation, recognizing non-govermental organizations and alternative penalties.This matter in Imamiyah jurisprudence as the main source of Iran's criminal law has emerged obviously in all stages of criminal proceedings, even before conducting the criminal process. Manuscript profile -
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97 - Jurisprudential foundations of media terror criminalization and its punishment
Maryam Bashiri Hasan Fallah Ahmachali Sayyd Mohammad HoseiniIn today's media world, it is one of the major social issues in jurisprudence. Therefore, its umbrella has spread over all subjects and has covered and affected everything from religion, culture, art to economic, welfare, political, security, etc. issues.With this state MoreIn today's media world, it is one of the major social issues in jurisprudence. Therefore, its umbrella has spread over all subjects and has covered and affected everything from religion, culture, art to economic, welfare, political, security, etc. issues.With this statement, during the extensive activities of the media, the real or legal personality may suffer as a result of media attacks, which is an example of war and terror. In this case, the main point in terror is to create terror, lawlessness, violence and lack of rules, which can be seen abundantly on radio, television, cinema and cyberspace, and the result is to change people's behavior. Now the question arises, where is the position of jurisprudence and its foundations in confronting the assassination of real and legal personalities? It is assumed that according to religious ideas, support of society, guarantee of public order and protection of individual rights, a punishment is considered for the wrongdoers and perpetrators of media crimes, and the guarantor of the damages is specified and the method of compensation is stated. . The jurisprudential foundations clearly show the customary and Sharia responsibility of the media. To reach this hypothesis, a descriptive-analytical method has been used. The purpose of this research is to formulate comprehensive laws based on the existing facts in this field. Manuscript profile -
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98 - Role of Religious Institutions in Preventing Crimes (Challenges and Solutions against it
Masoud Heydari Masoud MomeniIn the recent decades, criminal policy as a set of measures to control criminal phenomenon has been changed remarkably influenced by the approaches of law schools and theories of criminologists and its widespread concept has been taken into consideration. However, this MoreIn the recent decades, criminal policy as a set of measures to control criminal phenomenon has been changed remarkably influenced by the approaches of law schools and theories of criminologists and its widespread concept has been taken into consideration. However, this view is not unprecedented in criminal law history and it has been considered in the Islamic criminal justice especially during the reign of Imam Ali (Peace be upon him). The concordance of findings of contemporary criminologists and law schools with the viewpoints of that criminologist jurist shows this fact. His attention to the categories of prevention, rehabilitation, civil society capabilities, the principle of legality and minimal intervention of criminal law and in brief, special attention to human dignity has caused his penal policies to still meet the needs of modern human beings and to be considered as a unique policy. Therefore, regarding the peaceful coexistence of Imamiyeh criminal law with criminological theoretical data and practical experiences of criminal policy, it’s worthy that the policies of modern criminal jurisprudence follow all the accepted and emphasized principles of Islamic law system for the title “criminal policy of Islam” to be applied. Manuscript profile -
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99 - The Legitimacy of Cryptocurrency in Governmental and Individual Jurisprudence
Seyed Ali Rabbani MousaviyanWithin the past decade, cryptocurrencies, including Bitcoin, have been among the resultants of information technology development in the international and even internal financial system which have had benefits such as the expansion of international currency exchanges an MoreWithin the past decade, cryptocurrencies, including Bitcoin, have been among the resultants of information technology development in the international and even internal financial system which have had benefits such as the expansion of international currency exchanges and cheeping against challenges like increase in a number of crimes like money laundering and violations of financial and economic order of the countries. From the individual jurisprudence point of view, the cryptocurrencies are considered as a kind of property and their transactions are not usorious and uncertain (Gharar); therefore, if the trading base of cryptocurrencies is correct from the jurisprudential point of view, the exchange of cryptocurrencies is permissible in legal terms. But if the trade base of cryptocurrencies is not legitimate, their trade is void and forbidden. From the point of view of governmental jurisprudence, however, the status of cryptocurrencies exchanges is different. In accordance with no harm, respect, government system maintannace, action (Iqdam), and justice principles, all of which prevent the implementation of inappropriate monetary policies and the excessive increase in the amount of money in the Islamic economic system, it is essential that their trading is prevented until a legal system for the control of cryptocurrencies have been created by the government in the economy of the country. Manuscript profile -
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100 - Juridical Approaches Analysis based on Gender in Testimony
soheila Rostami merangez rostaeiThe credibility of women’s testimony in Islamic jurisprudence has been controversial. Although it is not a new subject and it has been proposed for a long time but this cannot avoid us not to address the new comments on this issue and not to consider different att MoreThe credibility of women’s testimony in Islamic jurisprudence has been controversial. Although it is not a new subject and it has been proposed for a long time but this cannot avoid us not to address the new comments on this issue and not to consider different attitudes toward it in order to understand legislator’s opinion better. Two approaches can be proposed in this field. First, gender-based approach which treats a woman’s testimony as half of a man’s based on rational and narrative reasons. On the other hand, the second approach, in the historical context, attempts to adjust the attitudes which can be the cause of misunderstandings, through reinterpretation of situations in traditional approach and the analysis of citation reasons and provide the possibility to bypass the traditional approach based on time and space requirements and juridical-legal modernity in order to pave the way for a modern approach towards women’s testimony. The latter approach through accreditation to women’s testimony, assumes women’s testimony as a small issue in dynamism of Islamic jurisprudence, so that it can keep pace with time and space changes. Manuscript profile -
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101 - Comparative Analysis of Self-defense in Imami Jurisprudence and International Law
Seyyed Hossein Hosseini Zandabadi Ahamd Abedini Nad Ali Ashouri Reza AbbasianDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deal MoreDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deals with the persecution of his soul, personality and reputation. Defending in Islamic jurisprudence and international law has such conditions as the adequacy of defense with danger, military and armed aggression. These two sources are looked differently in some cases. Islam in some cases not only defines the defense as a kind of right but an obligatory duty. And the martyr is introduced as a person who is killed in the defense of privacy. However, it emphasizes the right in some contextual interpretations. The convergence and divergence of the principles of Islam with the foundations of the West begin from this point which is debatable in this study. Manuscript profile -
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102 - Studying the Degree of Punishment, Discretionary Correction and Discipline of Child According to Shiite Jurisprudence
Nasrollah Shameli Ehsan Aliakbari Babokani Mohsen ShakeryShiite jurisprudence does not prohibited the punishment of child in general. But due to certain circumstances, the ban is lifted. However, the preliminary sentence of child punishment is sanctity, only has some exceptions in specific circumstances. Exception of child pu MoreShiite jurisprudence does not prohibited the punishment of child in general. But due to certain circumstances, the ban is lifted. However, the preliminary sentence of child punishment is sanctity, only has some exceptions in specific circumstances. Exception of child punishment is under two general terms including discretionary correction and correction. Although most of the Islamic scholars did not separate this two general terms in the corporal punishment of children, it seems necessary in some cases to separate these two groups, because the cases, the conditions and many accessories of this two general terms are different and the separation of these two terms hasn’t any significant practical results. Moreover, since Islamic scholars haven’t argued within the issue, many of the terms and conditions including corporal punishment of children, the quality, level and the persons who have the right of punishment have not been investigated in the texts of jurisprudence. Manuscript profile -
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103 - A Comparative Study of the Principles and Impact of Faith on the Validity of Witness in the Five Jurisprudences
Ali Khaleghi davood seify Qasem Islaminia,Testimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justic MoreTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justice systems, and especially Islam, have seen as necessary. One of these complex circumstances, which has various interpretations of the difference between Islam and Shi'a and Sunni faith. Assuming the other conditions of testimony, the concept of faith and its effect on the acceptance of witness testimony from the viewpoint of the two great Islamic sects, determines the quality of the encounters of the judicial system of Iran and other Islamic countries with intuitions that have a different religious or similar to the apparent opposition. A closer look at the Sunni and Shiite principles and documents reveals that there are differences between religions in the concept of faith and the rejection of the martyrdom of infidels and Christians. The Hanafi and Hanbali religions absolutely accept Christian and Jewish martyrdom among themselves, but other religions have only permitted the martyrdom of the People of the Book in their wills; Therefore, the main difference of opinion is in accepting the testimony of a Shiite. In this regard, Hanbali and Maliki, with their own definition of faith, have commented on the absolute rejection of Shiite martyrdom; But in contrast to the Hanafi and Shafi'i religions, they have taken a milder view. Among the Imami jurists, unlike the old jurists who categorically reject the martyrdom of the Sunnis, contemporary jurists consider the martyrdom of a Sunni to be valid; That such a theory is more in line with the basic criterion for accepting testimony, namely the ability to discover the truth and the degree of truthfulness in legal systems. This paper attempts to discover the Persian point of view of acceptance or rejection of martyrdom in those claims that exist between witnesses in terms of religious orientation. Manuscript profile -
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104 - A Comparative Study of the Principles and Impact of Faith on the Validity of Witness in the Five Jurisprudence
Ali KHaleghi davood seify GHasem Eslami niyaTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justic MoreTestimony as one of the oldest proofs of criminal and legal claims in the era of human equipment has not lost its immense importance in modern legal systems, discovery of reality. The mystery of this is in many, sometimes complicated circumstances, which criminal justice systems, and especially Islam, have seen as necessary. One of these complex circumstances, which has various interpretations of the difference between Islam and Shi'a and Sunni faith. Assuming the other conditions of testimony, the concept of faith and its effect on the acceptance of witness testimony from the viewpoint of the two great Islamic sects, determines the quality of the encounters of the judicial system of Iran and other Islamic countries with intuitions that have a different religious or similar to the apparent opposition. A closer look at the Sunni and Shiite principles and documents reveals that there are differences between religions in the concept of faith and the rejection of the martyrdom of infidels and Christians. The Hanafi and Hanbali religions absolutely accept Christian and Jewish martyrdom among themselves, but other religions have only permitted the martyrdom of the People of the Book in their wills; therefore, the main difference of opinion is in accepting the testimony of a Shiite. In this regard, Hanbali and Maliki, with their own definition of faith, have commented on the absolute rejection of Shiite martyrdom; but in contrast to the Hanafi and Shafi'i religions, they have taken a milder view. Among the Imami jurists, unlike the old jurists who categorically reject the martyrdom of the Sunnis, contemporary jurists consider the martyrdom of a Sunni to be valid; That such a theory is more in line with the basic criterion for accepting testimony, namely the ability to discover the truth and the degree of truthfulness in legal systems. This paper attempts to discover the Persian point of view of acceptance or rejection of martyrdom in those claims that exist between witnesses and witnessee in terms of religious or religious orientation. Manuscript profile -
Open Access Article
105 - A Study of the Position of Children’s Educational Rights in Islamic Jurisprudence and Civil Law
Jvad Sarkhosh somayeh NavianOne of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are MoreOne of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are still greatly-felt shortcomings in regard to children’s educational rights. For instance, lawmakers have specified no educational rights for fetus before it is actually born as a child, and considering the after-birth period, they have solely sufficed to the application of two legal articles, namely 1178 and 1104 articles, in a vague and brief way. This is as Islam, as a religion, has not only legislated special educational rights for the fetus actually in three phases of before the marriage of parents, before conception, and before the birth of the child, but also has explained several special educational rights for the after-birth period that lawmakers should include in their child protection laws. Manuscript profile -
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106 - A Comparative Study of the Fundamentals of Wife's Nafaqah in Islamic Jurisprudence and Its Effects on Marital Life
Sohela Rostami Voriya Hafidi abubakr ahmadiThe Nafaqah financial system is one of the effects of marriage and one of the fixed rights of the wife and is one of the responsibilities of the husband in Islamic jurisprudence. All Islamic sects agree on the need to pay alimony to the wife; yet they are not unanimous MoreThe Nafaqah financial system is one of the effects of marriage and one of the fixed rights of the wife and is one of the responsibilities of the husband in Islamic jurisprudence. All Islamic sects agree on the need to pay alimony to the wife; yet they are not unanimous on the basis of proving the cause, and marriage contract, imprisonment, tamkin, obligation by contract and establishment by tamkin, tamkin and ehtebas, dukhul of an adult husband or summoning of the husband to conduct dukhul (of course, if the conditions are met) and the right of headship and guardianship over one’s family have been introduced as the principles and causes of rendering Nafaqah to the wife. Using a descriptive-analytical method and adopting a comparative approach between different Islamic sects, the present study investigates the views of jurists. The result of induction and investigating the above views is the acceptance of the theory of Tamkin as the basis for proving Nafaqah of the wife; as all of other views are in harmony with the purposes of Sharia, and the purpose of marriage is the general mission of the family foundation. Manuscript profile -
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107 - The Place of Ertekaz in the Interpretation of Religious Texts, the Law of Transactions and the Principles of Islamic Jurisprudence
Hossein Andalib Mohammad Ali Heidari Ahmad Reza TavakoliThe interpretation of religious texts and the rules governing it have always been and are the important topics of linguistic knowledge, including the principles ofIslamic jurisprudence. Ertekaz in common law is one of the principles governing the interpretation of relig MoreThe interpretation of religious texts and the rules governing it have always been and are the important topics of linguistic knowledge, including the principles ofIslamic jurisprudence. Ertekaz in common law is one of the principles governing the interpretation of religious texts that plays an important and influential role in the process of deduction. Ertekaz is the initial perception of people about one thing that has penetrated the depths of their minds and thoughts, therefore; in the system of dialogue, it is considered by the parties. The main questions in this study are whether Ertekaz has a role in deducing legal- jurisprudence law or not, and whether the mujtahid necessarily pays attention to Ertekaz in common law or not. The hypothesis of this research is in view of the fact that the saint legislator speaks to the people as a law maker to guide them and also he considers their perceptions (Ertekazat) and if he does not accept that, he explicitly proclaims to prevent them from being deviated. The great jurists have repeatedly relied on this rule in the interpretation of religious texts, and they have deduced the religious judgment from this point of view. The researchers in this study tried to revive the magnificent capacities of Ertekaz through presenting its comprehensive definition and explaining its aspects. The findings of this study showed that the law of Ertekaz had effects on interpreting the religious texts, providing some law, and preventing long discussions on the principles ofIslamic jurisprudence. Manuscript profile -
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108 - Recognition of Animal Rights in Fiqh Imamiyah with Emphasis on Alimony
Hassan Alidadi Soleymani seyyed Mostafa TabatabaeiThe issue of animal rights has been considered completely in the last century. Activists and animal rights movements believe that the religions –in general- have had little or no concern with animal rights issues, and that there are many protests to the religions. MoreThe issue of animal rights has been considered completely in the last century. Activists and animal rights movements believe that the religions –in general- have had little or no concern with animal rights issues, and that there are many protests to the religions. The purpose of this study is to recognize the views of Islam towards this issue. This goal was carried out by examining the narrations of the Ahlul-Bayt (PBUH) and the words of the Shi'a great scholars, during which the rights of the animals were examined from the perspective of Fiqh Imamiyah on the basis of the right of alienation and presented a complete and comprehensive picture of the special interest of Islam towards it. According to this study, firstly, the religion of Islam,for all the beings of the world-according to their place in the creation-in order to attain their perfection believe in rights, and contrary to the beliefs of animal rights advocates, there are many doctrines and teachings regarding animal rights. In particular, in comparison with other religions, many of those rights have been expressed not only in the form of moral advice, but also in the form of a religious order and jurisprudence, which imply their importance and the guarantee of their performance. Secondly, Shi'a jurisprudents, in addition to acknowledging the necessity of observing the right to live animals in various ways, have also acknowledged in a variety of ways, also carefully considering their alimony, its cases, its responsibility, and how to provide and prepare it, using the great teachings of Islam, they delivered Fatwa. Manuscript profile -
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109 - A Feasibility Study of Plurality of Authorities in the Age of Nations-States in the Views of Imamiyeh Jurisprudence and International Law System
Mahdieh Zarea KHormizi Sayyad Mohammad Haydari KHormizi Ebrahim YaghotiAccording to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authorit MoreAccording to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authoritative guardianship position, however, in the contemporary world, due to political considerations, an all-inclusive borderless guardianship of jurist over Muslims is challenged by international law system. Thus, the current research is an attempt to study the feasibility of the polarity of authorities in the age of nations-states and then develop a strategy which helps the goals of the guardianship system of jurists fulfilled. It is concluded that, there is not any inherent limitation in Imamiyeh jurisprudence for applying absolute authority but its feasibility beyond borders is challenged by political impediments (also called international legal system). Thus, considering these limitations, the theory of plurality of authorities is not only beyond the boundaries of flaw but also serves as the best strategy for fulfillment of new Islamic civilization. Manuscript profile -
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110 - The Explanation of environmental values "In the light of studying the components of urban aesthetics related to the rules of urban jurisprudence"
Raheleh Fadavi Mehdi MohammadZadeh Ali MohammadianThe role of "urban landscape" and its beautification is one of the important factors in creating a positive mental image and promoting the aesthetic experience of citizens.Combining landscape design techniques with "environmental" and ecological values is one of the new MoreThe role of "urban landscape" and its beautification is one of the important factors in creating a positive mental image and promoting the aesthetic experience of citizens.Combining landscape design techniques with "environmental" and ecological values is one of the newest plans and strategies to achieve sustainable development in the present age.In order to identify the level of concern and attention of Islamic teachings in dealing with the mentioned concepts, the present study has explained the rules of urban jurisprudence by modeling the components and approaches proposed in "urban aesthetics" and urban landscape and evaluates its efficiency. The method of the present research is descriptive-analytical and has been adjusted by referring to library sources and due to the interdisciplinary nature of the subject, it has applied and combined theories in the two fields of aesthetics and urban jurisprudence. It should be noted that the purpose of urban jurisprudence is a series of religious teachings and rules of jurisprudence related to the customs and requirements of urbanization, which can be identified, extracted and applied to the subject according to the present research from the written jurisprudential heritage. The results of the research show that by using the existing rules in the written jurisprudential heritage such as the rule of Saltanah, Aitlaf, Tasbib and La darar, and in combining them with aesthetic methods and approaches, efficiency and the greater effectiveness of these standards in managing the place and urban landscape becomes more achievable. Also, the research findings indicate that the concern of paying attention to the environment and human encounter with urban space are among the issues that have been considered by jurists. In this regard, the issue of maintaining the privacy and moral and psychological security of citizens is one of the advantages of urban jurisprudence that should be considered and based on action in urban management. Manuscript profile -
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111 - Studying Islamic Jurisprudence and Legal Factors Influenced by Morality in Marriage and Divorce
Behnam GhanbarpourFamily rights base upon moral values. The effect of moral factors in this emotional community is a matter of fact. The correlation between legal regulations and moral principles is a main characteristic of Islamic law; hence approved and disapproved things in Islamic Ju MoreFamily rights base upon moral values. The effect of moral factors in this emotional community is a matter of fact. The correlation between legal regulations and moral principles is a main characteristic of Islamic law; hence approved and disapproved things in Islamic Jurisprudence point to moral concepts. The present paper aims at investigating and adapting moral factors affecting marriage and divorce and tries to employ descriptive and analytic methods to answer this question: Did legislators consider moral principles in family rights? The author emphasizes that since marriage and divorce rules are influenced by Quran culture, the influence of moral lessons is undoubtedly unavoidable in this area. Factors such as the responsibility of wife and husband to behave well, forgiveness, marriage portion due payment, commitment to justice among wives, moral principles of divorce, custodial, expenditures of wife and her relatives are all legal elements smoothened by moral principles. Manuscript profile -
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112 - Jurisprudential analysis of the grounds for the criminalization of holding the satellite equipments
Vahid Zarei SHarifThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurispr MoreThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurisprudential justification? The two categories of legal jurisprudence agreement and opposition was investigated and verified. The result was that holding the satellite equipments is not religiously prohibited, but sometimes needed. Therefore, its criminalization in general, is forbidding the Solomon of God, closing down the path of God, violating the principle of respect for people’s property and the limits of citizenship freedom, and as a result, it is forbidden. But the use of vulgar, obscence or blasphemous, and in general, illegal use of satellite technologies by seeing, hearing, reading, etc., if not causes illegimate harm or harass to another, is religiously prohibited, but not a crime, and if it causes illegimate harm or harass to another, it is both prohibited and crime, and in other cases, it is neither unlawful nor a crime. If the effects of illegal behavior is limited in the privacy of the offender, privacy is immune of criminalization. Manuscript profile -
Open Access Article
113 - The Principle of Penal Economy as the Basis of the Interpretation in Penal Laws of Islam
Hamid Masjedsaraei Khaled Nabinia Ahmad Bagheri Seyyed Mohammad SadriThe principle of penal economy is one of the most fundamental principles in the field of criminal law that eliminates the difficulties and complexities of criminal law as one of the constraints on the rights and freedoms of citizens with a slight degree of consolation a MoreThe principle of penal economy is one of the most fundamental principles in the field of criminal law that eliminates the difficulties and complexities of criminal law as one of the constraints on the rights and freedoms of citizens with a slight degree of consolation and consistency. In fact, this principle seeks to delimit the scope of the criminal law intervention in the area of citizen rights and freedoms. The commitment to the principle of criminal economy not only provides for the optimal use of criminal law in its proper place, but also at the same time provides grounds for the attention of the criminal policy of Islam to the use of social-legal instruments and institutions. The rule of the shamefulness of punishment without notice of law, the rule of interpretation in favor of defendant in the face of doubt, the principle of precaution in cases involving life, reputation, sexual chastity and property, the principle of narrow interpretation, the principle of the obligation of judge to be strict at the stage of proof of the crime and the principle and foundation of hudud on tolerance and mitigation in the implementation of penalties, the principle of tolerance, the principle of legitimacy of the expediency in determining the punishment, and the principle of non-authority justify the establishment of such a principal. Without doubt, the application of this principle in the process of punishment will result in a non-inflaming criminal system and, moreover, it can pave the way for the realization of criminal justice. Manuscript profile -
Open Access Article
114 - Analysis of Contrary Approaches and Problems about the Theory of "Jurisprudence of the System"
Majid Nourzad Kohsareh Hamid MasjedsaraeiFirstly, the theory of "jurisprudence of social systems" was crystallized by Shahid Sadr in the book Iqtisaduna (Our Economics) and has been reported as a new approach in jurisprudence, in which the Islamic mujtahid, different from the micro and individual view, to juri MoreFirstly, the theory of "jurisprudence of social systems" was crystallized by Shahid Sadr in the book Iqtisaduna (Our Economics) and has been reported as a new approach in jurisprudence, in which the Islamic mujtahid, different from the micro and individual view, to jurisprudence and the category of ijtihad, with a systematic and comprehensive view seeks to analyze jurisprudential issues. He or she seeks to infer the "social systems" from religious sources. Therefore, as individual jurisprudence is responsible for expressing individual rules and duties and is responsible to religionize the actions and conduct of individuals in the jurisprudence of the system, while relying on the Rationalists' decision and the mantaghat-al-faragh. As one of the main elements of this approach, the jurisprudence of the system is responsible for infering the rules of governmental and social structures and relations in order to administer the religious and divine management of society. Therefore, the jurisprudence of the system is an approach that creates the government, society and sovereignty, and in the field of jurisprudence and ijtihad, it competes with its rivals."Secular jurisprudence" and "social jurisprudence" are considered as the two main approaches in front of the "jurisprudence of the system" approach. This article, by emphasizing the re-reading of these views and proposing the problems and disadvantages of the approach of the jurisprudence of the system in order to violate them, insists on the conclusion that all the opposite approaches are rejected and do not have the power to resist in front of the claimant approach. Manuscript profile -
Open Access Article
115 - The Rules governing Smart Contracts in Islamic Jurisprudence and Positive Law
Seyed Ali Rabbani MousaviyanSmart contracts are computer transaction protocols to enforce contract terms. There are two objectives for smart contracts; one that satisfies the usual terms of the contract such as terms and conditions of payments, the maintenance of confidentiality and completion of MoreSmart contracts are computer transaction protocols to enforce contract terms. There are two objectives for smart contracts; one that satisfies the usual terms of the contract such as terms and conditions of payments, the maintenance of confidentiality and completion of the contract, and the other one to minimize random and intentional exceptions and the need for trusted intermediaries. Smart contracts in their internal mode are merely programmed codes that are created to facilitate the original contracts and so they are not contracts but in the external model, they are agreements that are implicitly included in the original contracts and there are contracts. The contracts in the external model are binding pursuant to the article 10 of the Iranian Civil Code and also the powers to cancel the contracts are executed to them. However, some types of these powers such as delay in payment are not possible due to the nature of the contract. Nowadays, smart contracts have many obstetrical along the way of which one of the main issues that we can name is privacy in contracts. Manuscript profile -
Open Access Article
116 - Legal challenges against the principle of legality of crime and punishment in Iran in the light of Imamiyah jurisprudence standards
seyyed Ebrahid Ghodsi Mosayyed GHadami AzizabadSince Islam is a religion of mercy, punishing people without informing them of his commands and orders is against the mercy and dignity that God has placed in the nature of mankind. The conclusion is that in Islamic jurisprudence, especially Imamiyah jurisprudence, many MoreSince Islam is a religion of mercy, punishing people without informing them of his commands and orders is against the mercy and dignity that God has placed in the nature of mankind. The conclusion is that in Islamic jurisprudence, especially Imamiyah jurisprudence, many principles and foundations are available to the people from the side of the jurists and their inferences from jurisprudential sources regarding the prohibition of the punishment without notification and notice, such as "shamefulness of punishment without the declaration of law", "the presumption of innocence" etc. The purpose of this notice in modern criminal law is to ensure the peace of mind and preserve the human dignity of accused persons, so that in the shadow of this principle, on the one hand, they will not be condemned without reason and only based on suspicion and the other hand, their punishment under the disobedience of the judges should not be more than what they deserve. The scope and content of the principle of notifying the obliges of their obligations to punish them in Imamiyyah jurisprudence are certainly clearer and more comprehensive than the principle of legality of crime and punishment because the principle of stating the obligation is not only about issuing it but also about receiving it while in law, the principle of awareness is placed on the issue of law. In the criminal law of Iran, although this principle has been accepted in principle despite the rich source of Islamic jurisprudence, in several cases, especially in the Islamic Penal Code approved in 2013 and the regulations of the courts and special clerical courts approved in 1990 amended in 2005, it has been conspicuously ignored Manuscript profile -
Open Access Article
117 - Hypertext implications and its role in the development of penal jurisperudence
Rahman Valizadeh Masoud NikparvarConsidering its direct relation to human soul and dignity, penal jurisperudence is always dependent upon Nas(text). Thus, any violation or restriction of the scope of the sentence requires a valid religious reason about the case. However, in addition to the one-proposit MoreConsidering its direct relation to human soul and dignity, penal jurisperudence is always dependent upon Nas(text). Thus, any violation or restriction of the scope of the sentence requires a valid religious reason about the case. However, in addition to the one-propositional approach to religious evidences, a holistic approach to a set of religious evidences and the implications of this holistic view can be proposed. This implications, which can be categorized in the form of concepts of sharia purposes, similar reforms, and general rules governing jurisperudence, represent the general bias and orientations of legislator in the position of legislation. Theoretically, the authority of the ruling based on such an approach can be proved according to some Quranic evidences and the validity of the concept of induction and spiritual continuity. As Jurists have stepped in to develop and deepening of juristic judgements by taking an holistic approach toward islamic evidences and its implications. Paying attention to the population, emphasizing on the prevention of crime, paying attention to specific criminal groups, avoiding the tormenting character of punishments, etc. are only part of the results of citing hypertext implications in penal jurisprudence. Manuscript profile -
Open Access Article
118 - The right of Shofeh in movable and immovable property indivisible in Imami jurisprudence
dawood nassiran mohammadreza kazemi nafchi sayyedmohammadhadi Mahdavi reza abbasianToday, according to the law and the opinion of some jurists, intercession is valid only in divisible immovable property and is not permissible in indivisible movable and immovable property. The present study was conducted by descriptive-analytical method and seeks to an MoreToday, according to the law and the opinion of some jurists, intercession is valid only in divisible immovable property and is not permissible in indivisible movable and immovable property. The present study was conducted by descriptive-analytical method and seeks to answer questions such as; "What is the jurisprudential ruling of intercession on movable and immovable property, which cannot be divided according to the four jurisprudential arguments in Imami jurisprudence?" In the verses of the Holy Qur'an, intercession is not used in its idiomatic sense. The narrations of the second category do not have the ability to conflict with the narrations of the first category in terms of authenticity. Regarding the reason of reason, it should be said that the existential nature of preference is based on three principles; The first principle; The no-harm rule is the second principle of the sanctity of the Muslim property and the third principle is the related rule. Manuscript profile -
Open Access Article
119 - Criticism and review of the position of Islamic jurisprudence in criminal policy legislation and its relationship with Article 167 of the Constitution law
Amir Vatani Aki Esfandiar feridoun Jafari Soudabeh Rezvani This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islam More This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islamic Penal Code is more compatible with international or Islamic criteria? In order to achieve this purpose, the most important factors of tension between the changeable sharia punishments and human rights norms in Iran's criminal policy should be recognized; The means of achieving this goal is to study and research the recent developments of Iran's legal criminal policy (Islamic Penal Code, Criminal Procedure Code and several other recently approved main criminal laws) in order to measure the dominant discourse in the field of punishment. The article explains that the translationism of jurisprudence and the raw injection of jurisprudence into Iranian criminal law, the confusion in the way of adapting the laws of western countries, and the lack of foundation for the implementation of new penal institutions, are the most important manifestations of the aforementioned challenge; As the judicial criminal policy governing the Islamic Penal Code, in the realm of punishment, retribution and atonements, is based on Islamic teachings, and in punishments to an acceptable and not desirable extent, is in line with some international standards of criminal law in the direction of protecting human rights. Manuscript profile -
Open Access Article
120 - The jurisprudential challenges of waiting sukuk; A look at jurisprudential historical texts
Manoochehr Ghafoori Mohammad Sadeghi Aliireza RajabzadeThe present study aims at the jurisprudential challenges of waiting sukuk; Siri has been done in historical jurisprudential texts. In this research, the research method is descriptive-analytical and the method of data collection is library. The results showed that since MoreThe present study aims at the jurisprudential challenges of waiting sukuk; Siri has been done in historical jurisprudential texts. In this research, the research method is descriptive-analytical and the method of data collection is library. The results showed that since bonds are based on interest-bearing loans, they are considered usury from the Islamic point of view and are forbidden; Therefore, in Islamic countries, these bonds can not be used for financing. To solve this problem, participation papers were first issued; But because these bonds are issued on the basis of a physical plan, and when companies have difficulty purchasing assets and providing liquidity, the bonds have no practical partnership, financial specialists designed new financial instruments. The same sukuk was created.The present study aims at the jurisprudential challenges of waiting sukuk; Siri has been done in historical jurisprudential texts. In this research, the research method is descriptive-analytical and the method of data collection is library. The results showed that since bonds are based on interest-bearing loans, they are considered usury from the Islamic point of view and are forbidden; Therefore, in Islamic countries, these bonds can not be used for financing. To solve this problem, participation papers were first issued; But because these bonds are issued on the basis of a physical plan, and when companies have difficulty purchasing assets and providing liquidity, the bonds have no practical partnership, financial specialists designed new financial instruments. The same sukuk was created. Manuscript profile -
Open Access Article
121 - Rethinking the criminal policy of Imami criminal jurisprudence against political crimes )With an approach to crimes: prostitution, moharebeh and apostasy (
mohsen moosavifar kazem khosraviDifferent penal systems have different reactions to crime and perversion; Some legal systems, by distinguishing between the concept of crime and deviation and relying on the principle of minimal criminal law, avoid criminal responses to deviations and respond equally to MoreDifferent penal systems have different reactions to crime and perversion; Some legal systems, by distinguishing between the concept of crime and deviation and relying on the principle of minimal criminal law, avoid criminal responses to deviations and respond equally to society and its civil institutions. Conversely, systems with pervasive authoritarian criminal policies do not accept this distinction and respond to deviations in a criminal and repressive manner based on maximum intervention and criminalization. The criminal policy of Imami criminal jurisprudence regarding the criminalization of the extreme criminal titles: fornication, moharebeh and apostasy, which are also considered to be included in the title of political crime, is in which of the mentioned tendencies? The present article, by examining these topics, in the sources and texts of Imami criminal jurisprudence, based on the principles of jurisprudence, intends to achieve it. The study reports the conclusion that the Islamic penal system is based on narrowing the scope of criminalization of the criminal titles of the limit: adultery, moharebeh and apostasy, and as long as the speech and behavior of individuals, only the expression and Do not go beyond expressing an opinion contrary to Islamic rule, it is not included in the mentioned criminal titles. Manuscript profile -
Open Access Article
122 - Evolution of Shiite Narrative Jurisprudence in the Second to Fourth Centuries AH; Backgrounds and Factors
Ali MehmanNavazImami hadith has experienced evolutions over time. The evolution of Imami thought from the period of Ahl al-Bayt and its transfer from Kufa to Baghdad and then Qom, has had various ups and downs. Hadith centers and the currents affecting each of the centers are among th MoreImami hadith has experienced evolutions over time. The evolution of Imami thought from the period of Ahl al-Bayt and its transfer from Kufa to Baghdad and then Qom, has had various ups and downs. Hadith centers and the currents affecting each of the centers are among the factors for creating different tendencies among the thinkers of the first centuries. In this regard, an attempt has been made to consider various hadith approaches of different centers which have resulted in the characteristics of each region, and to show its effects on the differences in jurisprudential attitudes. What is more, the prevailing currents in each of the centers have been able to affect the methods applied in narrating and understanding the hadith and, consequently, affected the diversity of jurisprudential opinions. Therefore, by observing the dominant currents in each region, the author has analyzed the connection of each current with the discourse derived from the hadith and narration schools of that era, and finally, its effects on jurisprudential positions have been investigated. Manuscript profile -
Open Access Article
123 - Isma'il ibn Abi Ziyad as-Sakuni, a Sunni judge or a secret companion of the Imam as-Sadiq?
Amidreza Akbari Mohammad Qandehariاسماعیل بن ابیزیاد سکونی در برخی منابع متقدم امامیه عامی دانسته شده است؛ اما فراوانیِ روایات او در منابع امامی، مضامین برخی از روایاتش و آشنایی اندک امامیه با او موجب شده تا از دوره مجلسی اول تا به امروز کسانی دیدگاه متقدم در مورد مذهب سکونی را رد کرده و او را امامی بش Moreاسماعیل بن ابیزیاد سکونی در برخی منابع متقدم امامیه عامی دانسته شده است؛ اما فراوانیِ روایات او در منابع امامی، مضامین برخی از روایاتش و آشنایی اندک امامیه با او موجب شده تا از دوره مجلسی اول تا به امروز کسانی دیدگاه متقدم در مورد مذهب سکونی را رد کرده و او را امامی بشمرند. این مقاله به آسیبشناسی این تحلیلها پرداخته و نشان داده برخی از روایات سکونی که به خاطر نوع خطاب امام با راوی پیشتر شاهد امامی بودن سکونی تلقی میشدند، روایاتی هستند که سکونی یا راویان او آنها را از دفاتر دیگران گرفتهاند، و گاه از اساس نسبت آنها به سکونی نیز اشکالاتی دارد. ارتباط سکونی با امام صادق ع نیز دلیل روشنی ندارد. همچنین سکونی روایات زیادی با مضامین عامی و خلاف اعتقاد امامیه دارد؛ مانند اخبار همسو با فقه جریانهای حاشیهای عامه و حتی مناقب خلفا. جمعی از راویان عامه نیز از سکونی آثاری مانند تفسیر سکونی را روایت کردهاند، که فضایی عامی دارد. Manuscript profile -
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124 - Studying the status of combatants' rights protection in jurisprudence and humanitarian law
Kiamarth Mansouri ESmat savadi hormoz asadikoohbadThe purpose of article to study the status of protection of the rights of combatants in jurisprudence and humanitarian rights by library method. The culture of systematizing the realization of the rights of warriors and keeping their memory and name alive is an import MoreThe purpose of article to study the status of protection of the rights of combatants in jurisprudence and humanitarian rights by library method. The culture of systematizing the realization of the rights of warriors and keeping their memory and name alive is an important part of the cultural values of different societies. Therefore, efforts should be made to make these rights and values current in the heart of the society. During every war, policies are adopted to minimize the undesirable and unwanted effects of war, and these cases are foreseen in every war. The findings indicate that different divisions can be considered for the set of combatant rights; Among the most important factors, we can mention the rights during war and after the end of the warThe right to enjoy the status of prisoners of war" The care and access of combatants to medical services is of the rights of this class, which should be considered during and after the war. Other rights of fighters that were investigated in this research are economic rights and social rights. These issues are emphasized in humanitarian law Islam, as part of the example of share in Allah's beard (zakat), it given to them. Manuscript profile -
Open Access Article
125 - Recognition of Allameh Naeini's Political Pragmatism in the Constitutional Movement
نازنین زهرا بروغنی Seyed Mohammadreza Ahmadi Tabatabaei Jalal Derakhshe -
Open Access Article
126 - The principle of justice as a legal jurisprudence principles of the family
Zakiyeh Mohammadi Fahimeh Malekzadeh younes vahed yarijanSpecific characterstics of family institution required it to have a certain legal system .It's neccessary for an efficient system in a field of law to have rational foundations. on the other hand resistance against external objections for developing rational changes in MoreSpecific characterstics of family institution required it to have a certain legal system .It's neccessary for an efficient system in a field of law to have rational foundations. on the other hand resistance against external objections for developing rational changes in legal system needs principels which prevent from such a distortion . Such a function for principels of jurisprudence principels requires that they be defined as general propositions which are considered in all fields of jurisprudence and law and are considered as adjudicate( Ifta) and legislation .. Considering their generality or comperhensiveness , they can be categorized in three level. The first level of the principels is justic that should be xalled Asl al-Osul . The second level are other general principels such as freedom or proportionality of formation and legislation .The third level is principles such as the man's integrity or the financial independence of the couple each of which is a branch of their previous levels.The infere must move in the course of his inference in a way that does not violate these principles. However there may appear conflicts between principles which should be resolved based on the expediency of these conflicts.The ruling principles of the family jurisprudence system are inferred and extracted and applied through narrative and intellectual sourceskey words: Principle, jurisprudence-legal principle, family, family jurisprudence system, justice, rationality Manuscript profile -
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127 - Investigation of false mysticism from the perspective of Imami jurisprudence
marziyeh shafiee Faezeh MoqtadaeeAbstract: In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this resear MoreAbstract: In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this research, which was carried out with a descriptive-analytical method, along with the introduction of emerging mysticisms, jurisprudence and methods of dealing with these deviant currents were discussed. The findings of the research indicated that false mysticism is a way and method or a school that moves in a direction other than reaching true perfection by using mystical methods. Emerging false mysticisms with belief in manifestations of disbelief and atheism, such as dissolution, reincarnation, assignment, immorality, and some of the principles and branches of the holy religion of Islam, have arisen in conflict with the holy religion of Islam. False mysticism, unlike true mysticism with wrong methods, entertains people with worldly and imaginary affairs instead of reaching the truth of the world and God of existence. According to the famous opinion of the famous Imami jurists, there is no Shariah permission for the activity of false mystics. Also, the basics of fighting against false mysticism, "apostasy", and "heresy" are found in the Holy Qur'an and inspired by the life of the Great Prophet (pbuh) and the Imams (pbuh). Manuscript profile -
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128 - Examining the doctor's responsibility in surgery by looking at jurisprudence
mohammadkazem rostami kafaki ebrahim yaghoti amrollah nikomaneshThe civil liability of the doctor, as one of the discussed categories in the field of civil liability and private rights, is very important. Civil liability in Iranian law is based on the theory of loss and accrual, according to the majority of jurisprudence. Based on t MoreThe civil liability of the doctor, as one of the discussed categories in the field of civil liability and private rights, is very important. Civil liability in Iranian law is based on the theory of loss and accrual, according to the majority of jurisprudence. Based on this, most of the jurists have justified the doctor's responsibility by relying on these two rules. The result of this is that the doctor is responsible in any case if he is responsible for harming the patient, whether it is prescribing the wrong medicine, or negligence in surgery, etc. It is known, and in case of incurring a loss, he is liable only in the case that he is at fault.According to the review of the historical course of the approved laws regarding the responsibility of the doctor in Iranian law, according to the Penal Law of 2012, if the doctor is not at fault in knowledge and action, there is no guarantee for him, even if he has not been acquitted (Comment 1, Article 495); In fact, the new penal law has accepted the basis of guilt. This is despite the fact that before this, the doctor was the guarantor of any damage caused to the patient during the treatment, even if he did not commit negligence. Manuscript profile -
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129 - Interaction of philosophy with the principles of jurisprudence
Mujtaba Shahwar Younes Wahed Yarijan Sayyed Hosein SadjadiOne of the most common ways for one science to penetrate other sciences is through its power of reasoning and generality, which has led to the seeking and sometimes borrowing of other sciences. Philosophy is one of the sciences that in this regard has snatched the lead MoreOne of the most common ways for one science to penetrate other sciences is through its power of reasoning and generality, which has led to the seeking and sometimes borrowing of other sciences. Philosophy is one of the sciences that in this regard has snatched the lead in the field of humanities from other sciences. Accordingly, many sciences, especially the science of the principles of jurisprudence in the Shiite field, are influenced by the knowledge of philosophy, because the science of principles is a borrower science, especially due to its involvement in various fields and despite its ups and downs. It has changed from philosophy. Of course, it must be acknowledged that this does not mean that the fundamentalists used it without any interference with the words of philosophy. The influence of philosophy and the influence of the science of principles has progressed to such an extent that philosophical rules, which are the results of the discussions of that science, have been used extensively in this science, so that it has become a part of its literature. This influence has started from the wide and gradual use of philosophical words by some fundamentalists in the margins of their writings and has progressed to the employment of the deepest and most obscure arguments in the way of thinking. Therefore, by examining some of the works of the authors of the principles, the role of philosophy and its rules can be clearly seen. This article deals with some of these cases and hopes to prove the necessity of teaching and learning philosophy, at least to the extent of understanding the rules and principles, and on the other hand to show the need to pay attention to changing educational texts on the science of principles. Manuscript profile -
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130 - The effects of the dissolving condition in the legal system of Islamic countries according to Imamiyeh jurisprudence
hosein gafari samet mahshid sadat tabaei javad niknehadField and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual w MoreField and Aims: Today, the use of the dissolving condition is very popular due to the imbalance of the rights of the seller and the customer, because the parties to the contract of sale try to balance each other's rights by mutual agreement, and one of the contractual ways to balance the rights of the parties is to use It is a dissolving condition, which as a condition of the void condition, is a kind of suspension condition in which the dissolution and rescission of the sale is suspended until the occurrence of an accident (usually non-payment of price). The question that is very important to answer is what are the effects of including the mentioned condition in the contract?Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: What is the subject of discussion is about the effects of the dissolving condition after the formation of the contract and before the fulfillment of the suspension act , regarding the effects of the mentioned stage, although the jurists and jurists in establishing the right to conditionality and prohibition Conditional vs. they agree on carrying out possessions contrary to the conditional right, but they disagree about the nature of the said right and the guarantee of enforcement of the violation of the said right. If the condition of negative void condition , the right created for the seller is a primary objective right that is supported by the legislator, and the transaction contrary to the condition of termination is in the state of protection. Manuscript profile -
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131 - Analysis of jurisprudential principles of criminal responsibility of governments
mahmood mohamadi jorjafaki Ruhollah afzali goroh majid khazaeiBackground and Aim: In Islamic jurisprudence, there is no explanation about the criminal responsibility of the government as a legal entity, and only in the works of some great jurists, there are discussions about proving the legal personality of institutions such as wa MoreBackground and Aim: In Islamic jurisprudence, there is no explanation about the criminal responsibility of the government as a legal entity, and only in the works of some great jurists, there are discussions about proving the legal personality of institutions such as waqf, treasury and government; However, using the logic of inference, solid reasons can be provided for this issue with strong jurisprudential support. In this article, the authors seek to answer the question of what jurisprudential basis is the attribution of criminal responsibility to governments?Method: The present study has been compiled by descriptive-analytical method with library study.Findings and Results: The authors, while typologizing government crimes and expressing the acceptance of the legal personality of the government in Islamic jurisprudence and also accepting the ability to assign criminal responsibility to governments, to general jurisprudential principles such as the book and tradition and specific jurisprudential principles including the rule of ta'zir The Deputy Prime Minister, the rule of expediency, the rule of invalidity, the responsibility for the conduct of another person, the rule of maintaining order, criminal justice and finally the morals have been discussed and the research results confirm that the criminal responsibility of governments - They have been legislated after 1392 - from the perspective of Islamic jurisprudence, it also has validity and legitimacy. Manuscript profile -
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132 - The study of democracy and people's sovereignty in Shia jurisprudence relies on domestic and international laws
Amir Ahmadi Tahere pournemati shamsabad ali partoviField and Aims: : In Western thought, the sovereignty of the people is manifested in a democratic system, and the individual deals with his social relations with an identity independent from the society and the government. Also, the legitimacy of laws and government com MoreField and Aims: : In Western thought, the sovereignty of the people is manifested in a democratic system, and the individual deals with his social relations with an identity independent from the society and the government. Also, the legitimacy of laws and government comes from the sovereign will of the people, and governments guarantee the rights and freedom of the people.In fact, maintaining and respecting such mutual rights is necessary for the individual and the society. Because it is only in the shadow of fulfilling duties and fulfilling the right that the government and the individual can grow. In the Islamic system, there is a direct relationship between the people and the absolute sovereignty of God, and the people have been granted the right to self-determination, and the people have accepted this religious basis. The purpose of this research is that considering the fact that the government of Iran is republican and Islamic, this article aims to address the issue of how far the law of Iran as a republican state and Imami jurisprudence as well as international documents is correct. The sovereignty of the people and the establishment of democracy have been taken into account, and on the other hand, considering its Islamic nature, how has this right been applied?Method: The research method in this article is conventional in human sciences and the method of library study, which was compiled by analyzing the available materials in an analytical and descriptive way, while finding the necessary research and responding to the points and issues rose in this article.Finding and Conclusion: In the present study, the internal aspect of the right to self-determination, which is the right of the people to elect the government system and participate in the decision-making of the society, in terms of international laws and documents and the law of the Islamic Republic of Iran, which is based on Islamic jurisprudence, and its adaptation to Islamic jurisprudence , has been investigated and it can be seen that the Islamic Republic of Iran is a system based on religious democracy, which has been very successful in establishing a democratic system. Also, by studying Islamic sources, we can say that there is no conflict between the principles of Islamic jurisprudence and the right of people to rule, and the difference is in the rules of rule. Manuscript profile -
Open Access Article
133 - Iran's Accession to the Convention on the Elimination of Discrimination against Women, Opportunities and Threats
Jafar Ghamat Parto Saberi ghomiAbstract Human resources development is one of the most important factors in achieving sustainable development and balanced, and in this regards the subject of women because of the importance of family and social responsibility of heavy special. According to the histor MoreAbstract Human resources development is one of the most important factors in achieving sustainable development and balanced, and in this regards the subject of women because of the importance of family and social responsibility of heavy special. According to the historical injustice that causes vicious in the growth and empowerment of women to achieve equal opportunities and possibilities that necessitate and this massive harm communities to compensate for the humanity of those suffered with special respect and full participation of field-oriented programs in the women's development as a fundamental human rights and pursue them. One of the fundamental steps in the ratification of the Convention on the Elimination of discrimination in the world of women in the 1979 CE by the General Assembly of the United Nations is now also vast countries have joined the Convention. And about a third of their export declarations or statements are the legal effects of unilateral about some Convention or their exception, and thus with the right protection moderated to run it by appointee. Hence it is that in our country with regard to suppress discussion of cool opponents and supporters to the Convention on the Elimination of discrimination against women, the decision will be taken as opposition to the accession of rational system that with proper position, the hands hanging place of women in Islamic Iran, and agree to the introduction of the discrimination against women in Iran and Islam face Gozar. Manuscript profile -
Open Access Article
134 - The discursive order governing public policy making after the Islamic revolution in Iran
Matin AnjomroozAfter the revolution and from the very first days before the complete domination of the Faqahati Islamic discourse, new structures with different goals from the previous regime emerged in Iran. Therefore, this period of time can be considered as an important turning poi MoreAfter the revolution and from the very first days before the complete domination of the Faqahati Islamic discourse, new structures with different goals from the previous regime emerged in Iran. Therefore, this period of time can be considered as an important turning point in the process of public policy making in contemporary Iran.Our main question in this article is, what is the role of Faqahati Islam discourse in public policy making in the Islamic Republic of Iran? In this regard, other sub-questions have been raised. First of all, how and by what path has jurisprudential Islam become the dominant discourse in Iran after the revolution? Second, what sub-discourses exist under the Faqahati Islam discourse within the framework of the Islamic Republic? Third, based on the constitution, which institutions have a more effective role in public policy making in the Islamic Republic? And fourthly, according to the evolution of the constitution from before the revision to after, which of the sub-discourses of Jurisprudence Islam has become the hegemonic discourse?Considering that the approach of this research is descriptive and a posteriori, Van Dyck's approach to discourse is the most suitable method for this research according to the concepts considered by Laclau and Mouffe. Manuscript profile -
Open Access Article
135 - A comparative study of the right to life of a sick fetus from the point of view of Islamic religions
Azadeh abdi abyaneh younes vahedyarijan maryam ebn torabThe discussion is about the fetus' right to life, and since the right to life in Islam is considered a special right for all human beings, regardless of development stage, age and other conditions, as a primary and fundamental human right, it is preferred over other rig MoreThe discussion is about the fetus' right to life, and since the right to life in Islam is considered a special right for all human beings, regardless of development stage, age and other conditions, as a primary and fundamental human right, it is preferred over other rights.The fetus' right to life does not have any place, and as a general ruling, and abortion is not allowed except in rare cases that require conflict, urgency or hardship.The findings of the research show that although it is difficult to determine a specific criterion about it, but the results and achievements of study of the works of experts and the collected information and their criticism indicate that in the cases of the permission of abortion from the point of view of the five religions, two criteria can be introduced. The first criterion is the definition of the fetus in relation to the stages of its development, which is a matter of dispute between the jurists of different religions and is effective in the primary ruling; the second criterion is based on the foundations of the secondary rulings, which itself is divided into two types of conflict between the fetus' rights and the mother's rights, which is mostly agreed upon by the jurists, and the second type is titles such as distress and constriction, which, based on the differences of opinion of the jurists on the issue of the jurisdiction of the rule, lead to more differences of opinion. Manuscript profile -
Open Access Article
136 - Jurisprudential analysis of disclosure of Iranian financial information to foreigners (Case study: Acceptance of Fatf recommendations by the Islamic Republic of Iran)
Reza Azad andish Abbas Ali Heidari Mahmoud QayyumzadehNo written jurisprudential and legal research and analysis has ever been conducted on presentation and disclosure of financial and banking information of the Islamic Republic of Iran to foreign individuals, groups and organizations. The present study aims to answer the MoreNo written jurisprudential and legal research and analysis has ever been conducted on presentation and disclosure of financial and banking information of the Islamic Republic of Iran to foreign individuals, groups and organizations. The present study aims to answer the following question: Is Iran's financial, banking and economic system allowed disclosing information to foreign elements, like domestic audiences. This study also studies and analyzes the important issue of "accepting the recommendations of the Financial Action Task Force (FATF) by the Islamic Republic of Iran" from the perspective of jurisprudence and jurisprudential laws, as the most important, most comprehensive and reasoned criteria for identifying issues, on transactions. The present research is theoretical, the research method is descriptive-analytical, and the library method has been used to collect information by referring to books and articles.As the result, the author concludes: disclosing information to Fatf and accepting its provisions, instructions and recommendations is acceptable as long as it does not harm the interests of the Islamic Republic of Iran and does not lead to any domination of enemies of the enemies of Islamic Iran. Otherwise, acceptance of the provisions, instructions and recommendations of Fatf is contrary to the Shari'a and legal standards, as well as the goals and ideals of the Islamic Republic of Iran. Therefore, according to Nafy-e-Sabil Rule (Non-Dependency Rule) and the rule of the most important and the important, the system of the Islamic Republic of Iran should neither give its financial and banking information to (Fatf) nor trust nor rely on it. Manuscript profile -
Open Access Article
137 - Fundamentals of the legitimacy of the ruling in absentia in Imami jurisprudence with a look at Sunni jurisprudence
mostafa ghafoorian nejad malihe gholamiAttendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) mus MoreAttendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) must attend the trial and submit his defenses of the claim to the court or submit a bill to the court in the case of absence to prevent violation of his rights. However in some cases, the trial proceeds in the absence of a litigant of the lawsuit. This is an important issue in judgment and trail. Like other issues in jurisprudence, judgment by default needs to depend on authenticated sources and bases. The most fundamental and legitimate sources and bases for absent verdict include Quranic verses, tradition of immaculate Imams, consensus of jurist and reason. Therefore, we have studied and analyzed each of this sources while briefly considering Sunni jurisprudence in all aspects of the issue. The Current study has been a descriptive analytic research which has employed library method through note-taking instrument. In sum, it was concluded that in trial by default, considering some foundations, it can be said that in any condition, it is incumbent on the judge to summon the defendant to trail before issuing any verdict but in the case of the defendant’s absence, he is permitted to proceed a default judgment and issue the verdict in absence. Manuscript profile -
Open Access Article
138 - Analysis of digital currencies from the perspective of jurisprudence and law
zahra khorsandi kouchesfahani morteza chitsazianDigital currencies are one of the topics that needs an accurate evaluation given several complicacies and ambiguities about them. The preset paper is an attempt to elaborate on digital currency to clarify ambiguities about its legal identity. In addition, the status of MoreDigital currencies are one of the topics that needs an accurate evaluation given several complicacies and ambiguities about them. The preset paper is an attempt to elaborate on digital currency to clarify ambiguities about its legal identity. In addition, the status of digital currency in Islamic jurisprudence and Iranian laws was examined. As the results showed, digital currencies are a type of money in virtual space emerged on the Internet ground so that they have a monetary nature. From jurisprudence viewpoint, they are considered as property. At the first glance, digital currencies are highly complicated and ambiguous; while in practice, they have a simple essence. The true nature of digital currencies is lost in the growing debates about their advantages and disadvantages. Given the disadvantages and ambiguities about digital currencies, they may not be confirmed by Islamic religious laws until these ambiguities are resolved. To achieve the true concept of digital currencies and give a legal and jurisprudential account of them, grounded theory and case study approaches were used in this work. The study also gives more efficient approaches to using digital currencies that can solve many of the disadvantages of digital currencies. Keywords: Digital currencies Bitcoin, money, object, property, comparative jurisprudence Manuscript profile -
Open Access Article
139 - Criteria for fulfilling the ablution and its desecration in the five religions and criminal law of Iran
Soheila Baybordi Mahmoud Qayyumzadeh Abbas Ali HeydariOne of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for MoreOne of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for distinguishing it is custom. Blasphemy and expulsion of property from amulets are other conditions of theft to the extent that blasphemy, in addition to material blasphemy, includes spiritual blasphemy. Criteria of custom as well as the ability to maintain property in the realization of amulets are discussed. Blasphemy is also carried out according to customary criteria. The emergence of the virtual world is also effective in redefining the amulet and its desecration. The five religions mainly agree on the criteria for performing the ablution and its desecration. In Iranian criminal law, however, the criterion of custom is accepted. This study has found that in general, the criteria for performing the amulet and its desecration are the same in Islamic jurisprudence and Iranian criminal law and is based on customaryness, although in Islamic jurisprudence there are many differences in determining the instances of the amulet. Manuscript profile -
Open Access Article
140 - A Reflection on Social Capital Status in Imamieh Jurisprudence and Islamic Teachings
Seyed Ebrahim Hosseini Farzad Navabakhsh Frank SeyediSociologists believe that mutual relationships among people and their trends are effective on the formation and continuity of the social life of a society from the beginning of the formation of any social system. These mutual relationships and their quality, which today MoreSociologists believe that mutual relationships among people and their trends are effective on the formation and continuity of the social life of a society from the beginning of the formation of any social system. These mutual relationships and their quality, which today are studied under the title “social capital,” have attracted extensively the attentions of the knowledgeable in different fields of political, social, economic, and cultural. Despite the fact that social capital is a modern subject in the area of humanities and social sciences, but it seems that by studying exhaustively jurisprudential rules in Imamieh jurisprudence and Islamic teachings in general, one can recognize the remarkable aspects of social capital status in them. The present research aimed at the same objective and, through adopting descriptive-analytical methods, tried to recognize and reflect on the status of social capital subject in Imamieh jurisprudence and Islamic teachings. The research findings showed that jurisprudential rules and teachings such as prohibition of detriment, distress and constriction, prohibited contributions to sin, prohibition of usury, order for interest-free loans are of the most important manifestations of Islamic legislator's attention to the subject of social capital and the necessity of its protection. Manuscript profile -
Open Access Article
141 - The positive value of the UAE in the science of principles and its function in jurisprudence and subject law
zahra sadatahrafe Hadi Azimi GarkaniAbstract :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
142 - A Review of Women´s Rights of Citizenship with Emphasis on Shiite Jurisprudential Teachings
Vali Allah Safari Mohammad Reza Ayati Asghar ArabianAbstractTo include women for citizenship rights is an important matter and it has been a subject of serious discussions in various schools. In the present research, after gathering related and relevant data from jurisprudential texts, Islamic approach to the women´ MoreAbstractTo include women for citizenship rights is an important matter and it has been a subject of serious discussions in various schools. In the present research, after gathering related and relevant data from jurisprudential texts, Islamic approach to the women´s rights of citizenship were explored and analyzed. The results showed that, in Islam, the women´s rights of citizenship are of three aspects including primary rights, social rights and marital rights. Also, positive discrimination in favor of women is one of the social policymaking methods in Islamic Teachings as a solution for compensation for discriminative behaviors and realization of the women´s rights of citizenship. Ambiguities ascribed to Shiite jurisprudential approach regarding equal rights to women and men results from the fact that many humanistic schools don’t believe in distinctions between the similarities between women´s and men´s rights and the equality of those rights. This point can be analyzed in various issues such as heritage, punishment, testimony, divorce, judgment, and authority. Due to superiority of Islamic approach, in developing the women´s rights of citizenship its teachings can be followed and introduced as a model for legal schools.Keywords: rights of citizenship, women, Islam, Shiite jurisprudence, Quran Manuscript profile -
Open Access Article
143 - The Factual Consequences of the Presence or Absence of Justice as a Condition for the Governing Positions
Teimoor Amin Nasseri Dr. Abbas , SamavatiAccording to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of MoreAccording to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of the property of orphans, executors, depositaries. Ordaining such an obligation signifies the importance of justice in Islamic jurisprudence. Holders of public offices – from the leadership to the lowest positions – have to be qualified for being just as a legal condition, an example of which has been seen in prophetic and Alawite government in early Islam; and, its general mechanism is available in IRI constitution, orders by the leaders of Islamic revolution, and orders relating to the responsibilities and government. The present research aimed at studying the consequences of condition of justice for the ruling positions today and providing some usable strategy for the administrators of the Islamic system. On one hand, the spiritual and material development of society, just wealth distribution, welfare, and security are of potential achievements realizable by implementing the condition of justice for the administrators. On the other hand, lack of justice in the governing positions may result in insecurity, noncooperation, class distinctions, economic injustice and corruption, falsification of reality, and divine and human values. It is of necessity to compensate for legal gaps in implementing the condition of justice for governing positions, especially for the middle positions in the government through a proper legislation and its implementation by the administrators. Using descriptive-analytical methods, the present research proves the necessity of condition of justice for the governing positions and impacts of its presence or absence in the government. Manuscript profile -
Open Access Article
144 - Jurisprudence and existing banking laws viewpoint on allocating resources in Iranian banks
Reza Azad andish Abbas Ali Heidari Mahmoud QayyumzadehThis study attempted to investigate the allocation of resources in Iranian banks from the perspective of Islamic jurisprudence and existing banking laws through a descriptive and analytical method by referring to the relevant reference books and taking notes from the re MoreThis study attempted to investigate the allocation of resources in Iranian banks from the perspective of Islamic jurisprudence and existing banking laws through a descriptive and analytical method by referring to the relevant reference books and taking notes from the relevant articles and dissertations.The findings of the study indicate that the mere approval of the law on usury (interest)-free banking operations (approved in 1983) in Iran and its approval by the Guardian Council is not tantamount to the approval of Islamic jurisprudence of the establishment of usury (interest)-free banking system in Iran, but the establishment of such a system in the operational sectors, especially in the sector providing facilities in the country's banks, requires the compliance of the banking system with Islamic jurisprudence and jurisprudential rules.The author concludes that there are jurisprudential and legal problems in the current process of applying the law on usury (interest)-free banking operations to contracts and facility agreements of banks, which in practice guides the course of the country's banking system to what is used in usurious banking. Further, the harms such as usury, tricks of usury, colorable transaction, fictitious contracts, lack of supervision of banks on correct use of facilities and lack of knowledge and information of the customers and even many officials and employees of banks about banking contracts, etc., prevent the application of the aforementioned law to the country's banking operations and establishment of optimal methods of allocation and distribution of bank resources at various levels of society and economic prosperity. Accordingly, the author, inspired by the idees of the experts of banking jurisprudence, has sought to eliminate the listed harms by proposing the compliance of existing contracts with jurisprudential rules and the use of new contracts by the banks for resource allocation. Manuscript profile -
Open Access Article
145 - Laws governing electronic contracts from the perspective of Imami jurisprudence and the subject law of Iran
rahim abdoli Tayeb Afsharnia Alireza RajabzadehE-commerce is essentially a financial exchange that takes place in the context of interconnected electronic devices. A contract through the Internet is basically a contract between two people who are present in terms of time and absent in terms of place. E-commerce is a MoreE-commerce is essentially a financial exchange that takes place in the context of interconnected electronic devices. A contract through the Internet is basically a contract between two people who are present in terms of time and absent in terms of place. E-commerce is an agreement between two people that is accepted by the buyer remotely through an international network (Internet) against the request of the seller, and this is also done through audio and visual devices. This work is research, theoretical and of the type of content production, and the content is presented by referring to jurisprudential and legal sources. In any of the electronic or traditional contracts, there may be a dispute between the parties on an issue of that contract, in order to resolve the dispute, it is necessary for the court to conduct legal proceedings and deal with the dispute. Among the issues raised in electronic commerce is the conclusion of electronic contracts; Because compared to traditional contracts in the law of our country, it is in the initial stages of development. Based on the laws of the subject of contracts and obligations in the context of the prevailing legal system or based on the agreement of the parties, the contract will be based on a law. In Iran's legal system, the law governing transactions is determined by the law of the place where the contract is made. If the contracting parties are non-Iranian and enter into a sales contract in Iran, they can specify another law implicitly or explicitly in the text of the contract. In this research, the quality and manner of laws governing electronic contracts as well as the dispute resolution authority in Imamiyyah jurisprudence and Iran's subject law have been discussed. Manuscript profile -
Open Access Article
146 - Preservation of the environment from the point of view of jurisprudence and the necessity of environmental education
Mohammad Reza Gol Hamishe Bahar Ebadollah Ahmadi Majid BarzegarThe growing situation of destruction of the natural and human environment is such that preserving the environment has become a necessity. Various measures have not been able to prevent the increasing process of environmental degradation. In such a situation, education h MoreThe growing situation of destruction of the natural and human environment is such that preserving the environment has become a necessity. Various measures have not been able to prevent the increasing process of environmental degradation. In such a situation, education has become an important issue. The basic question that is raised and examined in this context is that considering that jurisprudence and environment are interactive, what is the effect of environmental education using jurisprudence principles in preserving the environment? This article is descriptive and analytical and has investigated the mentioned question in a library method. The findings indicate that lack of awareness is one of the important factors of existing environmental problems, and environmental education in the form of existing capacities in the Quran and tradition solves the problems. Based on this, the practical educational mechanism was examined in the framework of public responsibility, general and specific rules and principles. Environmental protection through Notices and the cultural development of other sections of society based on Codified principles Jurisprudence is an important principle that can lead to the expansion and quality of everyone's responsibility in the environment and reminds us of the danger of environmental destruction. and environmental protection methods to promote The result of such a process is to reduce degradation and environmental problems. The importance of this issue becomes more obvious when it is pointed out that in Iran, despite the educational resources in this field, we are facing significant deficiencies that can be solved in this way. Manuscript profile -
Open Access Article
147 - Enemyology and methods of interacting with enemies according to the Qur'an, hadiths and Imamiyah Jurisprudence
Isa Haghi Mostafa Rajaipour Hossein AhmariOne 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
148 - Investigation & Evaluation of the Impact of Utilitarianism in Murder on the Quality and Amount of Punishment for the Perpetrator
mohamad javanbakht zahra tajarei moazzeneiHomicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an MoreHomicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an attack by a crazy person, which are considered justified despite being intentional. It is to be noted that intentional murder is taking the life of another person life with malice. Regarding this crime, the primary victimized person, who loses life as the significant life capital, sometimes creates the grounds for committing the crime. As a result, they are the ones who motivate the murderer. Therefore, creating a favorable situation and conditions for committing a crime by the victim, which creates a dangerous situation for the murderer, and the one who inevitably commits the crime, makes the murder beneficial for the perpetrator. The present study aimed to elaborate the approach of Imamiyah jurisprudence and, accordingly, the criminal law related to the perpetrators of murder based on benefit. The results derived by descriptive-analytical study of related jurisprudence and legal sources indicate that the newly emerging criminological subject has been the focus of thinkers in Imamiyah jurisprudence and criminal law. Perpetrators of such criminal behavior are not considered blameworthy, and a permissive and sometimes reductionist approach is taken toward them. Moreover, this is what has been taken in the subject of criminal law. Manuscript profile -
Open Access Article
149 - Examples of Reference to an Expert in Emamiyah jurisprudence and Iranian Law
Mohammad Ojagh Mohammad Ali Safa Mehdi BahrehmandAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in ord MoreAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in order to resolve legal and criminal cases. put In fact, the purpose of the current research is to examine jurisprudential and legal examples of referring to an expert, which is written in a descriptive-analytical way and with library tools, and the findings of the research indicate that in the current situation and with the specialization of affairs and also considering the complexity Court cases, especially in the fields where the judge has no expertise in this field, there is no other option but to cite and refer to the expert's theory. In order to give validity to the evidential power of the said theory, the legislator has set conditions, including the reliability of the expert, and if those conditions are established, the opinion He considers the expert to be reliable, although due to the large number of cases and the ease of the proceedings, he does not consider it necessary to achieve justice even in the criminal cases referred to the forensic medicine because it is not easily possible, and he cites the doctor's theory. But the existence of these conditions does not mean that the judge is obliged to give effect to the expert's opinion, except in cases of non-compliance with the researcher's circumstances. Therefore, if necessary, the judge will refer to the expert's opinion, and he is free to accept or reject it, and basically, the judge will examine and evaluate the evidence based on his broad authority. Manuscript profile -
Open Access Article
150 - Evaluation and comparative analysis of waqf documents based on shafi'i and imami jurisprudence standards
Abdolaziz Mirani Fereydoun Rahnama Roodposhti Seyed Abbas Mousavian Mahdi Madanchi Zaj Mohammad Adel ZiaeiPurpose: One of the most important prerequisites for public participation in investment and financing projects (in this research, endowment bonds), is to provide information needs and pay attention to different jurisprudential views in the country. Therefore, in this re MorePurpose: One of the most important prerequisites for public participation in investment and financing projects (in this research, endowment bonds), is to provide information needs and pay attention to different jurisprudential views in the country. Therefore, in this research, the mentioned papers are examined based on the standards of Shafi'i and Imami jurisprudence in order to clarify and resolve its legal ambiguities and doubts.Methodology: The main approach in this research is a comparative approach. In order to analyze and issue jurisprudence in Imami jurisprudence, the method of document analysis (documents and approvals of the Jurisprudence Committee of the Stock Exchange Organization) has been used, and in connection with Sunni jurisprudence (Shafi'i jurisprudence), in-depth interview and focus group methods have been used, a statistical sample The aforementioned include 8 experts of Shafi'i jurisprudence.Findings: The findings of the research showed that the commonality of views in the two jurisprudence institutions is very high, and this can be a sign of increasing the participation of Sunnis in endowment bonds and other Islamic securities issued in Iran.Originality / Value: Considering that the results of the research resolved the jurisprudential ambiguities related to the endowment documents, it is a very positive step for the development of this tool, and surely, with the wide dissemination of the above results, we will witness more and more participation of Sunnis in Iran in similar projects at the level We will be the country and eventually a very good synergy will happen in this area. Manuscript profile -
Open Access Article
151 - Coordinates of freedom in the opinions of Mohammad Taghi Misbah Yazdi and Daud Firhi
saeed alizadah hasan shamsini ghiasvand Mohamad PorghorbanThe concept of freedom in Iran's intellectual field goes back to contemporary history. However, the jurisprudential-intellectual approach about it among Iranian thinkers is a newer phenomenon. Among recent Iranian thinkers and jurists, the mystery of freedom has always MoreThe concept of freedom in Iran's intellectual field goes back to contemporary history. However, the jurisprudential-intellectual approach about it among Iranian thinkers is a newer phenomenon. Among recent Iranian thinkers and jurists, the mystery of freedom has always been the most challenging issue. The central question and purpose of this research is the jurisprudential-philosophical conflicts of Mohammad Taghi Misbah Yazdi and Dawood Firhi about freedom. Based on the analytical-descriptive analysis method, it can be said that both thinkers encountered freedom based on theological and jurisprudential intellectual foundations. . For this reason, such freedom thinkers consider the existence of freedom and will in human existence, which is necessary for the spiritual excellence of man. Misbah Yazdi's methodology is classical jurisprudence, but Firhi looks at Islamic texts and experience based on hermeneutic and postmodernist methods. Misbah Yazdi does not accept the assumptions of modern liberalism such as freedom as the goal of worldly life, rationalism and individualism as the bases of political-social freedoms, while Firhi emphasizes on external freedom and the implementation of the bases of political-social freedoms such as individualism. It emphasizes humanism, human rights and women's rights.. Manuscript profile -
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152 - مطالعه تطبیقی مصادره،تملک اموال واملاک مبتنی برفقه اسلامی ونظام های حقوقی بین المللی
MOHAMMADSADEGH EBRAHIMIYAN Bitollah Divsalar parviz zokayiinOwnership is the exclusive allocation of property to the owner, which prohibits others from occupying it, and acquisition and confiscation are called ownership, the purpose of this research is the comparative study of confiscation, ownership of property and property bas MoreOwnership is the exclusive allocation of property to the owner, which prohibits others from occupying it, and acquisition and confiscation are called ownership, the purpose of this research is the comparative study of confiscation, ownership of property and property based on Islamic jurisprudence and international legal systems, and the method. The research is descriptive-analytical and the findings indicate that in Islamic jurisprudence the possession of legitimate property is not incompatible with Islamic standards, but the possession of illegitimate property is not considered legitimate. Imam Khomeini (RA) allowed the possession of illegitimate property. It should be for public benefit and the government is not the owner of this property. In line with the legal protection of public property, this theory; It deprives the government of the right to transfer public property and obligates it to protect and maintain this property. Possession is recognized in most international systems. Manuscript profile -
Open Access Article
153 - Jurisprudential Subjectology of Common Animal Traps with an Emphasis on Animal Rights
Mohammad ShafieiDespite the prevalent use of animal traps today, particularly adhesive and spring models, the jurisprudential aspects of these traps remain largely unexplored within environmental jurisprudence studies, receiving only partial attention amidst broader discussions. This r MoreDespite the prevalent use of animal traps today, particularly adhesive and spring models, the jurisprudential aspects of these traps remain largely unexplored within environmental jurisprudence studies, receiving only partial attention amidst broader discussions. This research employs a descriptive-analytical approach to investigate the thematic dimensions of terrestrial animal traps. Initially, notable legal rulings pertaining to trap usage are highlighted as crucial variables in jurisprudential discourse. Subsequently, the most common types of animal traps are scrutinized from a jurisprudential standpoint. The investigation reveals that while there is no outright prohibition on the use of traps, it is imperative to prioritize less harmful trapping methods when possible, with due consideration given to alternative solutions. In cases involving live traps, swift decisions must be made regarding the release or humane euthanasia of captured animals. This article adopts a comparative research framework, focusing on the examination of jurisprudence surrounding prevalent animal traps. As such, a comprehensive analysis of the legal and principled foundations underlying each effective trap type is beyond the scope of this study. Manuscript profile -
Open Access Article
154 - The Position of Suspicion in the Area of Claim Justification in Security Sectors
Zahra Hosseini Tabar Amanullah Ali Moradi Mohammad Reza AyatiSuspicion is a sort of exercising immoderation and it means one’s own mental perception of others about unpleasant things and reckoning bad ideas in heart and mind and putting these thoughts into effect in words and behaviors; suspiciousness is a bad attribute that come MoreSuspicion is a sort of exercising immoderation and it means one’s own mental perception of others about unpleasant things and reckoning bad ideas in heart and mind and putting these thoughts into effect in words and behaviors; suspiciousness is a bad attribute that comes about as a result of factors like faith weakness, unhealthy and unsound social and familial environment, psychological and ethical factors and cowardice and frailty. The present study tries investigating the position of suspicion in the area of proof justification in the security sectors. The researcher adopts a descriptive-analytical approach towards the study subject. Documentary method (library research) and note-taking have been the methods of choice for gathering information. The investigations indicated that due to the vastness of the religion’s realm and its not being limited to the individual and worshipping affairs and since the prevalence of suspicion causes an increase in the fear amongst the individual members of the society and prevents the social cooperation, unification and sympathy, the religion’s social function should be also taken into account. Suspicion does not exist in the form of an independent title in the laws and statutory provisions but, with a little compromise, the term “suspicion” can be considered as an intention for the perpetration of crime with the intention being interpretable according to article 122 of the penal lore. However, according to jurists, the malicious intention stipulated in article 515 of the Islamic penal code of law can be synonymously taken as suspicion. In the penal laws, some of the cases like the prohibition of slandering and aspersion, insolence, suspected murders, legitimate defense and dispersion of falsehood can be enumerated amongst the sources of suspicion. Manuscript profile -
Open Access Article
155 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been co MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate the contract. Manuscript profile -
Open Access Article
156 - Adaptation legal Jurisprudence the Criteria of the Organization of Crimes by investigating Crimes in Rule of War
teymoor taherloo tayyebe arefnia fariba pahlevanithere is no explicit and specific definition for organized crime and it is defined considering its features and with the existence of different definitions, the collectiveness features of this crime has been agreed upon by all scholars of this research field; according Morethere is no explicit and specific definition for organized crime and it is defined considering its features and with the existence of different definitions, the collectiveness features of this crime has been agreed upon by all scholars of this research field; according to Islamic jurisprudence, crimes with collectiveness features are considered organized, such as war crimes and crimes in the rule of war and the collectiveness of this crime exacerbates the punishments. In Iran legal system, crimes are considered organized whether they are inherently collective; like criminal offense; or individual crimes be committed in group or band and similar to a collective group whose criminals are punished in a same way. As well as the criminalization of such crimes in the statuary law and Islamic jurisprudence, this study aims at investigating the criteria of organized crimes in Islamic jurisprudence and statuary law and their adaptation and adherence from each other. descriptive-analytical research method was used in this study and information was collected using documentary method.according to the Results and Findings crimes like group theft, vanguard, the refusal of scholars from paying ransom, acts of praying, poets satirizing the holy prophet and Muslims to stimulate pagans fight against Muslims are considered among crimes in the rule of war and like organized crimes in statuary law are accompanied with the description of collectiveness and the participation of members in these crimes exacerbates the punishments. Manuscript profile -
Open Access Article
157 - Jurisprudence Examination of Cryonics Technology and Its Legislative Compulsories
Ali MohammadPoor Askari Hoseinimoghadam Hossein Rahimi VaskasiCryonics is an innate desire among all humans. Based on this desire, some difficult to cure or incurable patients are brought to a cold life in the hope that in the coming years, with the progress of medical science, regarding the treatment of difficult to cure or incur MoreCryonics is an innate desire among all humans. Based on this desire, some difficult to cure or incurable patients are brought to a cold life in the hope that in the coming years, with the progress of medical science, regarding the treatment of difficult to cure or incurable patients, they will be able to revive and with their treatment find new life. This opinion is not possible from the point of view of the public at large. This research with analytical descriptive method, surveys the jurisprudence nature of Cryonics. Opinions and reasons of each opponents and supporters have been presented and according to the opinion of the esteemed president of jurists, this mechanism is correct under certain conditions. Before person’s action, for entering the cold storage, should determines and organizes the acquittal from obligations and civil and criminal responsibilities. Furthermore, the difficulty to cure and incurability of disease should be proved. In this case, he has entered into the cry biotic process and despite many similarities to death, the state of absence and incapability is the most similar for the patient. In this case, can take over the management of the patient's by appointing a trustee. The status of divorce of the wife and permission to marry for a daughter, will also be done according to the rules of the absent person. Setting a specific period and providing financial resources for the process of Cryonics is one of the important features that is necessary to be considered in the legislation based on jurisprudence opinions. Manuscript profile -
Open Access Article
158 - Jurisprudential Basis of the Possibility of Realizing Restorative Justice through Mediation
hamidreza motie sayyed Mahdi Ahmadi Hossein Rahimi VaskasiRestorative justice is a model that tries to influence the elements of criminal justice, including the victim, the criminal, and society based on a restorative approach, a model that seeks the active participation of everyone around the case to create balance and equili MoreRestorative justice is a model that tries to influence the elements of criminal justice, including the victim, the criminal, and society based on a restorative approach, a model that seeks the active participation of everyone around the case to create balance and equilibrium, an evocation that considered the collective ways of individuals that goes around the crime to confront with the effects caused by the crime and to repair the damages and create resiliency for the criminal. The realization of restorative justice, which is closer to human dignity, requires development and expansion of methods that follow the maximum agreements and health of the people of the society, the methods that are based on the socialization of relationships. Mediation is one of the methods of implementing restorative justice, which tries to discuss the causes, effects and results of the attributed crime and the ways to compensate for the resulting damages with the management of the mediator and if necessary, with the presence of other effective persons, in a suitable environment and achieved successful results to lead to the correction and restoration of relationships. In Islamic jurisprudence, the criteria of restorative justice and mediation based on the reform of Zat al-Bin, have been recommended and emphasized. Criteria for improving relationships between people, which are moral virtues. In this article, the possibility of achieving restorative justice through mediation based on jurisprudence foundations will be surveyed. Manuscript profile -
Open Access Article
159 - 0The impact of the crimes committed in Myanmar on Iran's national security and the need to criminalize it according to the rules of jurisprudence
sajad rahmati جمال بیگی بابک پورقهرمانیNational security promotes the development of political, economic, social and cultural activities, and with its absence, all the aforementioned activities are overshadowed. One of the things that endangers the national security of Iran is the crimes committed in Myanmar MoreNational security promotes the development of political, economic, social and cultural activities, and with its absence, all the aforementioned activities are overshadowed. One of the things that endangers the national security of Iran is the crimes committed in Myanmar by the Myanmar government against its citizens. For this reason, it is necessary to take measures in order to ensure national security, and it seems that the criminalization of these crimes according to the rules of jurisprudence is a suitable solution for this purpose. Therefore, this article seeks to investigate how the crimes committed in Myanmar affect Iran's national security and the necessity of stoning those crimes according to the rules of jurisprudence. The research method is descriptive and analytical, and data collection is also in the form of data collection. The method of conducting the research was qualitative and the findings of the research indicate that with the killing of Muslims in Myanmar, a part of the allies of Muslims has been lost, which causes a decrease in the population and, as a result, the security of Muslims in the world, especially in Iran. With the killing of Muslims and the lack of sufficient international support to punish the dead, it will make Iran appear isolated and reduce national security, but according to the principle of no harm and no harm in Islam, the rule of negation of a Muslim's mustache and tail, no religion can be treated as a crime. As if it acted. Manuscript profile -
Open Access Article
160 - 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 SafikhaniThe 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 -
Open Access Article
161 - A Comparative Study of the Principles and Types of Installment Sale in Iran and Islam the Vienna Convention 1980
jalal soltanahmadi Joseph EBRAHIMIone of the most common methods of buying and selling, particularly among traders is concluding contracts in installments. Furthermore, the Iranian Civil Code, despite the inclusion of this type of sale, does not provide a definition, but the 1980 Vienna Convention also Moreone of the most common methods of buying and selling, particularly among traders is concluding contracts in installments. Furthermore, the Iranian Civil Code, despite the inclusion of this type of sale, does not provide a definition, but the 1980 Vienna Convention also defines it. It did not offer an installment contract, but according to Article 73, a contract in which "delivery of goods is step-by-step and frequent" is deemed an installment, and this view is reflected somewhat in the arbitrators’ options. The current article, while examining the concept of installment sale, has probed the principles and types of installment sale and the objections to it at the same time, likewise. The results of the investigation show; Installment sales in Iranian law have different terms and conditions than the Vienna Convention, and in some cases, the actions of the Vienna Convention regarding installment sales are against the regulations and rules accepted in Iran's legal system. However, this difference does not indicate the superiority of the provisions related to installment sale in Iranian law; in the general concept of the rules related to installment sale in Iranian law, it has ambiguities and the only way to benefit from the quality of installment sale is to remove its responsibility from the banking sector; Because the banking instructions regarding installment contracts are completely inconsistent with usury-free banking operations, and in this field, except for a few installment contracts, they are completely identical to usury operations. Manuscript profile -
Open Access Article
162 - Oath and its Comparative Study in the Qur'an, Jurisprudence, Law and Allusions in Rumi's Ghazals
asiyeh rahimi soraYa razeghy zahra ghoroghiSwearing is one of the oldest rituals that writers, commentators, jurists and lawyers have given many definitions and have looked at it from many angles, which extracts have crystallized in the works of poets and writers, including Divan Shams. Commentators have divided MoreSwearing is one of the oldest rituals that writers, commentators, jurists and lawyers have given many definitions and have looked at it from many angles, which extracts have crystallized in the works of poets and writers, including Divan Shams. Commentators have divided Quranic swearing into two categories according to who issued them: the first type is binding swear.This sear is used in Islamic jurisprudence and is called a marriage swear. The second type is investigative swear, which are mostly used in law and justice and sometimes in disputes. Rumi's speech in Diwan Shams is full of jurisprudential, legal and Quranic oaths, which has a high frequency of Quranic oaths due to Rumi's familiarity with the Quran. In the meantime, most of the researchers' attention has been focused on mythological swearing, which in this article, in addition to a short research on swearing in literature, Quran, jurisprudence and law.The swearing of Diwan Shams were also analyzed from various angles. It is clear that discovering and understanding the types of swears in Divan Shams will help to understand the secrets of Rumi's poems and vast thoughts. The method of this research is descriptive-investigative and analytical, using the library method. According to the findings of the research, Rumi acted in two ways in expressing the hints related to oaths in his ghazals, either he used the same phrase related to swear in his poem or he used the method of associating meanings in which a phrase or a word brings to mind the swear. Manuscript profile -
Open Access Article
163 - Jurisprudential rules from the perspective of Islamic religions (as a source for deriving rulings)
ahmad hamidi hosen rajabi Mohamad taghi AlaviOne of the most important duties of a scholar of religion and a jurist is to discuss and analyze the general rules of jurisprudence, which are used in many minor issues and deriving rulings. These rules are a way to solve many problems and in the case of specific issues MoreOne of the most important duties of a scholar of religion and a jurist is to discuss and analyze the general rules of jurisprudence, which are used in many minor issues and deriving rulings. These rules are a way to solve many problems and in the case of specific issues where a specific text is not included, the jurist uses it to give fatwas and if he does not have a complete understanding of these rules, he will have problems answering the issues. This article examines the jurisprudence rules proposed in the Imamiyyah and the four Sunni sects and the evidence to prove them. For this purpose, the important jurisprudential rules in the Imamiyyah, such as the rule of harm, the rule of yad, etc., and the evidence to prove it from the book, tradition, reason, and consensus, are mentioned, and then these rules are explained from the perspective of the four schools of thought, namely, Maliki, Hanafi, Hanbali, and Shafi'i. And due to the fact that it is not possible to mention all the jurisprudence rules raised in Islamic schools of thought in this article, the most important jurisprudence rules among Shia and Sunni jurists were compiled by examining and collecting information from various Shia and Sunni sources and then common examples. Their contents have been reviewed in civil rights and the constitution. Imamiyyah jurisprudence and Sunni jurisprudence are similar in many parts, and examples of them are clearly visible in the principles related to the constitution and civil rights. Manuscript profile -
Open Access Article
164 - Examining the verdict of simulation therapy from the point of view of Shia and Hanafi jurisprudents
sayed askari Hosseini Moghadam alireza safari عباس عرب خزائلی Sayed Ali Hashmi Khan AbbasiAmong the evolving human achievements are therapeutic simulation and the technique of obtaining stem cells from the embryo. In this technology, embryos are created in the laboratory to use the stem cells of those embryos to treat diseases. In the meantime, obtaining ste MoreAmong the evolving human achievements are therapeutic simulation and the technique of obtaining stem cells from the embryo. In this technology, embryos are created in the laboratory to use the stem cells of those embryos to treat diseases. In the meantime, obtaining stem cells from laboratory embryos, which is the basis of therapeutic simulation, is desirable in Islamic jurisprudence for some and rejected by others. Accordingly, in this study, we intend to use the Islamic rules in a comparative comparison to analyze and analyze therapeutic simulation in terms of the jurisprudence of Islamic religions. The research method of this article is descriptive analysis. Research information has also been collected in a library. Findings show that famous Shiite and Sunni jurists agree in this regard and consider the use of this treatment technique as a step towards a deeper understanding of the hidden traditions of the universe and based on the principle of immorality and permission, accept it according to the principles. And they consider the claim of impermissibility to be justified. Manuscript profile -
Open Access Article
165 - Jurisprudential-ethical analysis of wife's reward in the family environment
Ali akbar TaheriThe wife's salary is one of the financial rights of the wife, which has faced different approaches compared to other rights such as alimony and dowry. The findings show that doing housework is not considered one of the wife's shari'a duties and she can refuse to do it o MoreThe wife's salary is one of the financial rights of the wife, which has faced different approaches compared to other rights such as alimony and dowry. The findings show that doing housework is not considered one of the wife's shari'a duties and she can refuse to do it or ask for a wage for doing domestic activities; However, the cooperative approach of couples in the family environment, together with the evidences that indicate the well-being of couples towards each other, including Quranic and narrative evidences, the legislator's emphasis on the assistance of couples and the emergence of the custom of giving the wife's services at home, emphasizes the moral approach of the wife's reward. Also, the implementation of wife's services at home with the aim of achieving peace and happiness of the family and strengthening family relationships is emphasized and plays an important role in maintaining family unity and social values. The mentioned subject has not been independently researched, in this article, in a descriptive-analytical way, while explaining the juridical nature of the wife's ideal remuneration, he has investigated the moral aspects of this financial right. Manuscript profile -
Open Access Article
166 - A comparative study of the Convention on the Prohibition and Punishment of Genocide with Islamic jurisprudence
محمد تقی گهرنیا اسمعیل رحیمی نژاد Reza FaaniSince the adoption of the Convention on the Prohibition and Punishment of Genocide in 1948, genocide has received serious attention from the international community. On the other hand, Islamic jurisprudence, inspired by religious teachings, while emphasizing the sanctit MoreSince the adoption of the Convention on the Prohibition and Punishment of Genocide in 1948, genocide has received serious attention from the international community. On the other hand, Islamic jurisprudence, inspired by religious teachings, while emphasizing the sanctity of human blood, in order to preserve life and its descendants, emphasizes the sanctity of generations. and what is stated as human rights in human rights declarations and international conventions has been taken into consideration. This is confirmed by numerous verses and narrations and the opinions of jurists and various jurisprudential rules on the sanctity of human blood, which all indicate the concern of Islam. Genocide is highly respected (for example, verse 33 of Surah Asra). The topic of the present research is also about the comparative study of the Convention on the Prohibition and Punishment of Genocide with the provisions of Islamic jurisprudence and it is of a theoretical type and is based on the descriptive-analytical method using library tools and resources. Jurisprudence and the theories of jurists regarding the prohibition of genocide with the Convention on the Prohibition and Punishment of Genocide have been studied in a comparative manner. The results of the research show that Islamic jurisprudence considers the factors that may lead to genocide and the strategies to deal with it. Manuscript profile -
Open Access Article
167 - Study of Privacy in Civil Rights and Imami Jurisprudence
Taraneh Mehdi alinia Gabriel Hope abbas samavatiProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizens MoreProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizenship rights in an analytical-descriptive way. With the investigations conducted, it is found that the sharing of privacy in Islamic jurisprudence with citizenship rights is more than its differentiation. The findings in this paper show that the concept of privacy in Islamic jurisprudence and citizenship rights are equal and their differences in the fundamentals and theories accepted by these two are important. The results of the implementation of Islamic jurisprudence and citizenship rights show that the basis of citizenship rights in the manner of compensation is based on the rule of law, but in citizenship rights the theory of fault is considered, on the other hand, there are significant differences in the protection of privacy violations and the prevention of privacy violations, but in principle, the acceptance of the privacy of the two is not inconsistent. Manuscript profile
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