List of Articles قانونگذاری

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  1 - ابداع قانونگذار اسلامی در تحقق عدالت در روابط مالی زوجین
  عزت السادات میرخانی صبا غفوری دره گرگی لیلا سادات اسدی
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  2 - Iran's Legislative Approach to Suspicious Transactions Reporting(STR) for Money Laundering and its Legal, Jurisprudential and Executive Challenges
  Amir jamali hajiani Esmaeil Abdollahi Ahmad Mirzaei
  10.30495/jcld.2023.1983935.1060
  Receive Date: 2023/04/15                    Revise Date: 2023/07/03                  &nbsp More

  Receive Date: 2023/04/15                    Revise Date: 2023/07/03                   Accept Date:  2023/07/05 The reporting of suspicious transactions, emphasized in Recommendation 20 of the FATF, is considered the cornerstone of the fight against money laundering, and the success of all anti-money laundering measures depends on it. Therefore, the present study employs a descriptive-analytical approach with the aim of familiarizing the reader with the requirements for reporting suspicious transactions related to money laundering and examines the legal, jurisprudential, and executive obstacles that impede the reporting of suspicious transactions. In conclusion, the study investigates the position of Iran in comparison with global standards and highlights the most significant legal, jurisprudential, and executive challenges facing the reporting of suspicious transactions. The findings indicate that in the anti-money laundering regulations of Iran, especially in the amended law on combating money laundering ratified in 2018 and its executive directive of Article 14 ratified in 2019, necessary measures have been taken in line with international standards to report suspicious transactions, and the necessary structures have been established. However, professional secrecy rules, the principle of validity, Presumption of possession, policies related to capital attraction in banks, and high compliance costs with anti-money laundering standards may overshadow this important principle in the fight against money laundering and may cause disruption in the desirable path of reporting suspicious transactions. Manuscript profile
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  3 - Moral foundations of law in legislative politics with an approach to commercial law
  Mahmoud Erfani amirreza mahmoudi
  10.30495/jcld.2022.693616
  Trade and transactions is an area in which the observance of moral principles and foundations is emphasized by Islam and is one of the main pillars guaranteeing the sustainability of social and economic life. In the following article, an attempt has been made to show th More

  Trade and transactions is an area in which the observance of moral principles and foundations is emphasized by Islam and is one of the main pillars guaranteeing the sustainability of social and economic life. In the following article, an attempt has been made to show the relationship between the moral principles and foundations of Islam and business law in the legislative policy of Islam by referring to business rules in Islam, examining Shari'a texts and analyzing many examples of the function of ethics in Islamic business law. Ethical principles and foundations should be revealed over legal rules in business relationships and transactions. Since the purpose of this research is to present the ethical structure of Islamic business law in the context of Islamic legislation, it is not important to express the conflicts and approaches of different schools of jurisprudence in this research, and the importance of business for social life and the existing views about The relationship between business law and moral principles and foundations is explained by approaching the teachings of Islamic law. Manuscript profile
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  4 - Turbulent state of legislative management in Iran
  Mohammad javad Hosseini Hadi Ramezanian fahandari
  Legislation covers the major activities of the parliament, and the abundance of laws approved by the parliament shows that this overshadows other duties of the parliament. In every legislative period, many plans and bills are presented and approved in the parliament, an More

  Legislation covers the major activities of the parliament, and the abundance of laws approved by the parliament shows that this overshadows other duties of the parliament. In every legislative period, many plans and bills are presented and approved in the parliament, and in order to be implemented, many regulations are established by the government, and besides that, other government institutions also have mandatory approvals, which in general causes the inflation of laws and the confusion of the executives and subordinates and their lack of correct implementation. Scrutiny in the legislative procedure shows lack of proper and efficient management of the legislative process and the lack of management has caused many laws to be added to the total laws of the country every year. In this article, the challenges ahead for the correct management of legislation are depicted in a descriptive-analytical way. In order to properly manage the legislation, one should first assess the legislative needs, look at the history to see how far the previous laws or their amendments will meet the new needs, and with the foresight, proceed to approve new laws and cancel previous conflicting and abandoned laws. This requires correct and efficient management of the legislative process. Manuscript profile
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  5 - جلوه هایی از کارکردهای تفضیلی عرف در نظام کیفری تقنینی ماهوی عمومی
  محسن موحدی فرد منصور رحمدل محمد جعفر ساعد
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  6 - The structure of the legislative pyramid of oil and gas ownership and its correlation with the category of anfal
  sh Fashkhorani طاهره salimi ts naimi
  10.30495/alr.2022.1937860.2145
  One of the important issues in Islamic society is the natural capital of a society. Valuable resources such as oil and gas are also included in these funds. In addition, Anfal is considered as one of the most important national capitals on which many policies of the cou More

  One of the important issues in Islamic society is the natural capital of a society. Valuable resources such as oil and gas are also included in these funds. In addition, Anfal is considered as one of the most important national capitals on which many policies of the country's administration and economy depend. In addition, the principle of permanent sovereignty over natural resources means that countries with natural resources have the right to control, extract and sell natural resources in their territory. In the legislative structure, oil and gas resources can be connected to Anfal in the formulation of its law. This connection is based on rules or rational criteria (such as Sirah. The application of reasons indicating the process of reviving dead resources. It is against the requirements of private ownership of the category. Anfal, etc.) Moreover, the criterion of narration (the context and meaning of the verses and traditions related to it) the ability to establish. It is implemented. Manuscript profile
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  7 - سیاست جنایی تقنینی جمهوری اسلامی ایران در قبال جرایم مطبوعاتی (سنتی و الکترونیکی)
  منصـور ده‌نمکی عباس بابائی خانه سر ایرج گلــــدوزیان
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  8 - The impact of ideology on criminal legislation with an approach to modern political thoughts
  Mohammad Shamei Kourosh Moalemi Shahanghi Mohammad
  The relationship between government ideology and criminal legislation, due to its interdisciplinary nature and interaction with public law and political science on the one hand, and interaction with criminology on the other hand, has found less room for discussion and a More

  The relationship between government ideology and criminal legislation, due to its interdisciplinary nature and interaction with public law and political science on the one hand, and interaction with criminology on the other hand, has found less room for discussion and analysis in the country's scientific and academic societies; Therefore, in this article, after knowing the concept of ideology, the impact of the ideology of the government on the process of criminal legislation is investigated in different historical periods. With the development of increasing government interventions in the personal and social life of citizens, this important question is raised that in relation to the establishment of laws in the field of criminal law, the legislator is influenced by what factors and what principles he is subject to. In this area, we will mention the factors affecting the process of criminal legislation (criminalization). Regardless of presenting a segmented model of political, economic, etc. factors, we can talk about the influence of ideology as an effective political factor on law enforcement. The research method is descriptive and analytical. Manuscript profile
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  9 - Jurisprudence Examination of Cryonics Technology and Its Legislative Compulsories
  Ali MohammadPoor Askari Hoseinimoghadam Hossein Rahimi Vaskasi
  Cryonics 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 More

  Cryonics 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