List of Articles تمییز

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  1 - Jurisprudential and legal assessment of the inclusion of the provision of Article 91 of the Islamic Penal Code for criminals with relative impairment of discrimination and perception
  Fatemeh Noori roomanan abbas tadayyon Behnam Yousefian Shuredeli
  10.30495/jfil.2023.71338.1683
  In Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be c More

  In Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be criticized that the removal of two punishments of Hadd and Qesas on condition of proof of doubt in the growth and perfection of intellect in adult offenders under 18 and the second possibility of the fall of these two punishments can only be noted in the case of adult offenders under 18 years of age that with a realistic attitude, there is no logical reason for either. In relation to the recent direction, the question arises whether the sentence of this article can be extended to the perpetrators with relative disabilities of the clean power according to this direction. This is a legal and jurisprudential point of view. This is a legal and jurisprudential point of view. It seems that if the philosophy of ratification of this article is proof of doubt in the development and perfection of the criminal mind, it should be said that none of the two directions reject the ruling of this article which has been mentioned above, and therefore, the ruling prescribed in this article is applicable to all offenders who have partial disabilities and comprehension, and therefore, it should be assumed that the criminals who suffer from this condition should not be assumed to be guilty of this condition. The realization of criminal responsibility and the impossibility of determining and executing the punishment, whether Hadd or Qisas or other punishments. The type of the paper, the foundation, its approach, descriptive-analytical, method of doing it, the library study and the means of collecting information in it are also jacking. Manuscript profile
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  2 - Theories Concerning the Commencement and Close of Childhood in Islamic Law
  Seyd Abolghasem Naghibi
  Inadequate physical, intellectual, and mental growth of a child requiresthe necessity of his extraordinary protection as an undeniable principleadopted in different legal systems. Thus, it is necessary to know thecommencement of childhood which brings about this legal p More

  Inadequate physical, intellectual, and mental growth of a child requiresthe necessity of his extraordinary protection as an undeniable principleadopted in different legal systems. Thus, it is necessary to know thecommencement of childhood which brings about this legal protection.Experts in law have raised three theories concerning the commencementof childhood. They are as follows:1. Birth of foetus alive2. Capability to live on its own out of the whomb or in the laboratory3. Formation and development of spermAuthentic and frequently – quoted Hadiths indicate that a foetus bornalive is entitled to inheritance. So the first theory can be established on thegrounds of these Hadiths.Quranic verses and traditions (Hadiths) identify puberty – the stage inwhich sexual organs are capable of reproduction – as the criterion oftermination of childhood. Nevertheless, child’s property should not beentrusted to him after puberty unless his mental qualification (Rushd) isestablished. Thus, mental qualification is also necessary to reach the stage oftermination of childhood in financial affairs Manuscript profile
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  3 - Obligations of Insane Patients from Standpoint of Farighain Jurisprudence and Islamic Mysticism
  Razieh Fathalizadeh Seyed Mohamad Mahdi Ahmadi
  Today the existing insane patients and their increase in megacities is a serious problem for the world community, that is considered by psychologists and sociologists. Although in Imamate jurisprudence the public and the relevant laws in Iran a portion of the society ar More

  Today the existing insane patients and their increase in megacities is a serious problem for the world community, that is considered by psychologists and sociologists. Although in Imamate jurisprudence the public and the relevant laws in Iran a portion of the society are referred to as incapacitated person and their obligations and rights are fully explained, the status of insane patients who are living in an unnatural situation struggling with different problems is legally unknown and there is no jurisprudent or legal judgement to that. However, in the Islamic jurisdiction, due to the ethical mystical criteria and the concern over dignity of human being, the rights of insane patients and those with mental disorder are taken into account. Some patients are seriously having mental disorders so that just like other people of society are not able to have a normal life and react to the surrounding phenomena abnormally. Thus, it is likely that they could threaten themselves or the people around them. Therefore, it is the task of any committed person toward ethical and humane beliefs to behave them according to their mental status and their dignity. The present paper endeavors to make a transparent definition of insane patients and point out to a few of them in terms of their level of cognition and recognition. In addition, this paper seeks to examine the necessity of their incapacitation with reference to jurisprudent and legal evidences and their level of incapacitation. Manuscript profile
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  4 - Effectiveness of Options in Multiple-choice Items: the case of “none of the above”
  Resa Nejati Mohammad Morady
  The present study examined the effectiveness of ‘none of the above’ (NOTA) as a test alternative in multiple- choice items.It intended to estimate item fit, item difficulty, itemdiscrimination, guess factor of such a choice and the reliability of the whole t More

  The present study examined the effectiveness of ‘none of the above’ (NOTA) as a test alternative in multiple- choice items.It intended to estimate item fit, item difficulty, itemdiscrimination, guess factor of such a choice and the reliability of the whole test. To this end, the researchersselected five passages of reading section of the Cambridge Key English Test known as KET (2010) and developed a parallel form of that test; test one did not include NOTA, whereas the second test, administered two weeks later, included NOTA. The two tests, 32 items each, were given to 142 high-school third graders. The results, analyzed through 3-parameter logistic model of item response theory (IRT), revealed that multiple-choice questions including the alternative NOTA were easier than their counterparts. In addition, NOTA option did not threaten item fit  and item discrimination but increased the guess factor, which, in turn may threaten the reliability and validity of the test.  Manuscript profile
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  5 - The method of discovering Tadlis and its motives in Islamic narrative relations; Example: Darqotni's narration from Jea'bi
  Mohammad Afi Khorasani Rouhollah Shahidi
  Tadlis has been one of the significant phenomena in the process of transmitting hadiths, and not paying attention to it will damage the validity of hadith Sanads. This phenomenon is rooted in the history of hadith and many narrators at different levels have committed it More

  Tadlis has been one of the significant phenomena in the process of transmitting hadiths, and not paying attention to it will damage the validity of hadith Sanads. This phenomenon is rooted in the history of hadith and many narrators at different levels have committed it. One of the important issues in studying this phenomenon is the method of discovering it in hadith Sanads as well as recognizing the motivations of narrators to do it. In this article, based on an objective example, this important issue has been addressed; This is an example of the Unusual names that Darqotni has used to name his master Muhammad ibn 'Umar Je'abi. A case-by-case analysis of each of these names first proved that they were all in fact refer to Ji'abi; Then the unusualness of these names about Ji'abi and, as a result, Darqotni's Tadlis in mentioning him was proved. In the end, various hypotheses were expressed in Darqotni's possible motives for the Tadlis, the most important of which was his suspicion of Ji'abi at the later period of his life, which may have been pretended not to narrate much from him by changing the method of naming Jiabi. Manuscript profile