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Open Access Article
1 - Frustrated Marriages and Its Juridical Basis (as getting marriage with confidentials and non-muslims)
Hosein Anguraj Taghavi Parinaz Pasdar heerOne of the most important issues between the nations, specially the muslims, is the marriage between the persons and correctness of its basis. In Islam, some of marriages are not correct in view of the religion and the tradition as getting marriage with confidentials an MoreOne of the most important issues between the nations, specially the muslims, is the marriage between the persons and correctness of its basis. In Islam, some of marriages are not correct in view of the religion and the tradition as getting marriage with confidentials and non-muslims. This article is going to investigate frustrated marriages in point of jurisprudence and statute precicely and in the end we obtained important result as: the basis of invalid marriages are Quranic verses and traditions of prophet and his household in the other hand, the tradition and religion prohibited marriages with confidentials. Marriage of muslim with non-muslim is in twe manner: marriafe of muslim woman with non-muslim man is forbidden adsolutely. But marriage of muslim man with non-muslim bible mate woman, is correct and with non-muslim woman without written bible is forbidden. Manuscript profile -
Open Access Article
2 - Privacy in the Cyber Space and the Obligation to Comply with It, with an Emphasis on Jurisprudence and Legal Principles
Ali Asghar Sharifi Seyed Hossein Safaei (corresponding author) Nejad Ali Almasi Parviz SavraeiIdentifying the right to privacy of individuals as one of the most important human rights is of great importance, and Islam, as the most complete religion, has paid special attention to the necessity of respecting the privacy of individuals, according to its various rul MoreIdentifying the right to privacy of individuals as one of the most important human rights is of great importance, and Islam, as the most complete religion, has paid special attention to the necessity of respecting the privacy of individuals, according to its various rulings and orders. Although in Islamic jurisprudence various aspects of privacy have not been dealt with under one title, but it can be claimed that the Islamic Shari'ah has considered aspects of this privacy that can still be discussed in the science of law. Today, with the advance of communication technologies and the expansion of the use of cyberspace, people's privacy is under threat. Therefore, the main question of the article is what are the principles and foundations in jurisprudence and law regarding the protection of people's privacy in cyberspace? In jurisprudence and the legal system of Iran, it has covered strong principles such as the need to respect human dignity, moral values, the rule of dominance, the rule of respect, and avoiding cruelty as common rules for protecting privacy in this field, in order to create the necessary space for growth and flourishing people's talents. In this regard, this research, by presenting the principles of privacy in Islamic jurisprudence and law, along with the territory and examples of privacy violations in cyber space, the strict attention of Sharia law to privacy protection is clarified. Manuscript profile -
Open Access Article
3 - مسئولیت مدیران در ورشکستگی به تقصیر در حقوق ایران با نگاهی به مبانی فقهی آن
hamid khatibzadeh mohammadreza pasban ali zareورشکستگی به معنای عدم امکان پرداخت دیون توسط تاجر می باشد. بحث ورشکستگی تاجر اعم از ورشکسته به تقصیر یا تقلب یکی از مباحث مهم در حیطه تجارت است. احصاء مواردی از مصادیق ورشکستگی به تقصیر در ماده 541 قانون تجارت دال بر اهمیت این موضوع است. به محضی که تاجر ورشکسته شد، با ص Moreورشکستگی به معنای عدم امکان پرداخت دیون توسط تاجر می باشد. بحث ورشکستگی تاجر اعم از ورشکسته به تقصیر یا تقلب یکی از مباحث مهم در حیطه تجارت است. احصاء مواردی از مصادیق ورشکستگی به تقصیر در ماده 541 قانون تجارت دال بر اهمیت این موضوع است. به محضی که تاجر ورشکسته شد، با صدور حکم تاجر محجور تلقی می گردد و حق دخالت در اموال ودارایی های خود ندارد. مسئولیت مدنی تاجرورشکسته نسبت به سهام داران یا طلبکاران برکسی پوشیده نیست. و طبق قاعده کلی تاجر مسئول است مگر اینکه بتواند ادله ی بر رافع بودن مسئولیت مدنی خود ارائه دهد و اثبات کند.این پژوهش به روش توصیفی – تحلیلی و با استفاده از منابع کتابخانه ی، مبانی فقهی - حقوقی مسئولیت مدنی تاجر ورشکسته به تقصیر را بررسی کرده است. دراین میان مبانی حقوقی از قبیل: نظریه تقصیر، نظریه خطر، نظریه مختلط، نظریه تضمین حق، ودر میان مبانی فقهی، آیات قرآن کریم و قواعد فقهی ازقبیل: اتلاف، لاضرر و احترام موید مسئولیت مدنی وضامن بودن تاجرورشکسته می باشند. Manuscript profile -
Open Access Article
4 - Jurisprudential and legal bases of criminalization of refusal of rescue and rescue in the absence of obligation and contract
Mehri Salehi Ebrahim Yaghouti Vali RustaviThe institutionalization of the culture of helping a person in danger needs strong foundations so that it can be based on them permanently and permanently. Refusal to help a person in danger is against jurisprudence and legal as well as moral and religious standards and MoreThe institutionalization of the culture of helping a person in danger needs strong foundations so that it can be based on them permanently and permanently. Refusal to help a person in danger is against jurisprudence and legal as well as moral and religious standards and according to the single article of the penal law Refusal to help the injured, abandoning this common duty is criminalized based on various bases and according to the rule of "Qa'ida al-Ta'azir Lekol Muharram" it is necessary to punish those who help. A person is required to save another's life, he asks the question, what are the most important bases and sources that consider the ruling on the obligation to help necessary? Refusal to help a person in danger is based on various legal bases, including social cooperation, respect for the right to life. Naturally, utilitarian thoughts, the will of governments and social motives originate.From the foundations of jurisprudence, it is possible to refer to the jurisprudential rules of "aiding wrongdoing", "law of harm", "rule of al-Ta'zir for all Muharram" and enjoining what is good and forbidding what is evil. It is also possible to refer to the verse "Innallah Ya'amru bi'al-adl al-ihsan" , ihsan in its literal sense is also considered as one of the most important jurisprudential sources of the need to help another person. The findings of the research show the place of aid and relief and the importance and necessity of helping a distressed person in jurisprudence. Since jurisprudence is considered the most important legal source, therefore, the criminalization of this case in a single article is fed from the jurisprudential source. Manuscript profile -
Open Access Article
5 - The Examination Exceptions from the Prohibition of Usury
Maryam Naghdi Dourbati Ahmad Abedini NajafAbadi Javad PanjepourThe prohibition of usury is one of the necessaries in Islam based on the koran and narrative references. When the person borrows a money, he have to return it, but if it is returned by addition, so it will be called usury.however there are some expectations about this a MoreThe prohibition of usury is one of the necessaries in Islam based on the koran and narrative references. When the person borrows a money, he have to return it, but if it is returned by addition, so it will be called usury.however there are some expectations about this addition in our jurisprudence are: between father and his children, between wife and her husband,between slave and the master, between infidels and muslims which is not usury. According to the Koran the usury is oppression and will not accept any expectation, because the religious has implied that clearly and its natural indecent is proved. by scrutinizing in religious texts we find that presumed objects in spite of its looking , would not be counted as usury based on its speciality not privacy. Thus it must be said that propounded objects as expectations, will have the same indecent intellectual appearance and invalidity defect by keeping the same nature. So the expectations could not be accepted. In this paper we are going to prove the theory of speciality in expectations of usury by using discriptive-analytic method and studying the documents about expectations. Manuscript profile -
Open Access Article
6 - Principles and sources of shareholders' preemprive rights due to the capital increasing (with comparative study in Iranian, American law and Imamie Jurisprudence)
Hossein Sadeghi Hamideh Zaree Mahdi NaserThe right of shareholders to raise equity capital is a right recognized in all legal systems. The main question of the present study is what are the foundations and sources of this right in the perspective of Iranian, American and Imamieh legal systems? The legal basis MoreThe right of shareholders to raise equity capital is a right recognized in all legal systems. The main question of the present study is what are the foundations and sources of this right in the perspective of Iranian, American and Imamieh legal systems? The legal basis of this right to purchase and subscribe for new shares arising from the increase in capital in the US legal system is the prevention of the reduction of various shareholder rights, an issue that is also valid in Iranian law. In addition, jurisprudential rules such as the rule of loss and the rule of law can also be considered as the basis for the right of priority. In Iranian law, the law is the source of this right, but in American law the right is the product of a judicial procedure, law, and company statute that have two general approaches. Except as stipulated in the Statute of Priority, shareholders do not, except the Statute, deny this right unless the Statute has denied this right, while the legal provisions relating to the right of priority in Iranian law are applicable and the possibility of infringement Contrary to that, there is no company statute. Manuscript profile -
Open Access Article
7 - The Jurisprudential-Legal Principles of Iran's Criminal Policy to Combat Water Crimes
Farzaneh Moradi Farzaneh Moradi Seyed Mahmood Mirkhalili Shahrdad DarabiWater Crimes are those whose "water resources" are both surface and underground; More precisely, any behavior (whether verbal or verbal) that in some way leads to the destruction, destruction, pollution or infliction of any damage or damage to water resources and is pun MoreWater Crimes are those whose "water resources" are both surface and underground; More precisely, any behavior (whether verbal or verbal) that in some way leads to the destruction, destruction, pollution or infliction of any damage or damage to water resources and is punishable by law, It will be entitled "Water Crimes". Obviously, the basic philosophy of criminalization of water crimes is to protect these resources, given their vital role in various aspects of human life and to act in accordance with the basic human contract for the formation of society, namely the "social contract". Despite the acceptance of the need to use the capacity of all different sciences toconserve water resources and to utilize the knowledge of criminal policy and to measure the extent to which existing criminal policy is available in the country against water offenses, we have no choice but to carefully examine the existing criminal policy. And there is no doubt that the study of this matter requires a preliminary examination of its foundations. Given the supreme position of jurisprudence and the law as the basis for the criminalization of these crimes, this article will deal with the legal and legal foundations of this important issue. Manuscript profile -
Open Access Article
8 - A Study of Jurisprudential Principles of Animal Rights
Farideh Asghari ahmad Moradkhani Seyed hasan AbediyanThe purpose of the present study is to investigate jurisprudential principles of animal rights. The method of study is descriptive-analytic. General principles including the ones in the Qur'an and sonnat (the tradition) are discussed in this research. Both of the above MoreThe purpose of the present study is to investigate jurisprudential principles of animal rights. The method of study is descriptive-analytic. General principles including the ones in the Qur'an and sonnat (the tradition) are discussed in this research. Both of the above revelation resources have mentioned common features for animals in terms of life principles, perception issues, and evolution after this world that is sufficient to prove the right of animals as living creatures. Rational arguments indicate that every measure violating animal rights is evidence of cruelty while every measure that sustains their dignity, life, interests, resources, environment, and survival of their different species is considered as an act of goodness. The Sunni and Shi'ite scholars have consensus that animals also have rights so humans are obliged to observe them. Jurisprudential principles state that killing an animal requires the responsibility to make up for the loss. Besides, any damage to animals is prohibited and every attempt to fulfill their rights is regarded as an act of benevolence and goodness. Finally, the above principles generally approve animal rights, in addition to human rights, and convey the necessity to observe and fulfill that. Manuscript profile -
Open Access Article
9 - واکاوی مبانی فقهی هم گرایی مسلمانان در جهان اسلام
اکرم هاشم زاده حسین ایزدی -
Open Access Article
10 - مبانی شکل گیری حمایت کیفری از مالکیت معنوی در منابع فقهی
سید عارف حسینی احمد میرزایی اسماعیل عبدالهی -
Open Access Article
11 - Jurisprudence and Principles Governing the Policy of Islamic Republic of Iran in International Arena
Javad Olyaei Tayebeh Arefnia Abbas Samavati,Countries are unable to run their government without establishing relations in the world. Any communication requires the expediency and understanding of the other party, which in the field of international relations without recognizing the enemy of these relations leads MoreCountries are unable to run their government without establishing relations in the world. Any communication requires the expediency and understanding of the other party, which in the field of international relations without recognizing the enemy of these relations leads to the destruction and exploitation of our country. In all areas, it was based on the will and interests of the other countries. After the victory of the revolution, the relationship with the colonists was due to the lack of interruption and this has led to hostility. Emergency Relationships Is it necessary to know the enemy? This article, using an analytical descriptive method, seeks to respond and examine the enemy from the perspective of the Qur'an and the traditions and principles governing foreign policy and rejecting any one -way relationship and mastery of aliens and considers the negotiations to be recognized as the enemy and their conspiracies. Manuscript profile -
Open Access Article
12 - Investigating the Fundamentals and Dimensions of juridical , Legal Responsibility in Sport
Jafar Moazen_ Raziyan Elahe Medadi _Nansa Ebrahim HamzehzadehLaw science deals with all aspects of human life. Increasing the legal awareness of the sports community in order to prevent the occurrence of sports incidents. Sports rights are defined as the set of materials that clarify the legal duties and responsibilities of all t MoreLaw science deals with all aspects of human life. Increasing the legal awareness of the sports community in order to prevent the occurrence of sports incidents. Sports rights are defined as the set of materials that clarify the legal duties and responsibilities of all those involved in sports activities. In this article, in addition to the jurisprudential office, the legal in order to prevent and sport by raising the legal awareness of the sports community and informing the society about the legal consequences of the violations in the field through familiarity with the laws and jurisprudential laws Gets According to the laws of Iran and jurisprudence, in sporting activities, there will be no criminal liability with respect to related laws, but there is no reason to remove civil liability from such a person, but if there are civil liability elements in him, according to the materials contained in his civil liability law Will be responsible. In the event that the athlete's mistakes are triggered and the assailant is forced to pay the Diyah, civil and criminal liability will be mixed. Many lawyers, paragraph E, also consider Article 158 of the Islamic Penal Code of 1392 civil liability. The results of this paper have been obtained by using the documentary method and also by collecting information from the library method and studying the jurisprudential and legal texts and the regulations of the sports federations and some rules such as the legislator's permit, the act of giving and the principle of vindication. Manuscript profile -
Open Access Article
13 - Jurisprudential Basics of Criminalization of Terrorism Financing
sheyda alidoost babak pourghahramaniTerrorism is one of the most important crimes that results in destroying the discipline and security of the society. Terrorists need financial support to achieve their goals and must supply their financial resources in some way. The people and groups that finance the te MoreTerrorism is one of the most important crimes that results in destroying the discipline and security of the society. Terrorists need financial support to achieve their goals and must supply their financial resources in some way. The people and groups that finance the terrorists commit terrorism financing crime, so the legislators have also paid attention to criminalization of terrorism financing besides the criminalization of the terrorism itself. However, the question is that what are the jurisprudential basics of criminalization of terrorism financing in Iranian criminal law? So, the purpose of this research is to investigate the jurisprudential basics of criminalization of terrorism financing. The research results indicate that the term "Terrorism Financing" corresponds to certain titles in "unlawful warfare" and "subscription on sin and hostility" in jurisprudence. In addition, there are verses, narratives, and jurisprudential rules that document the prohibition and criminalization of terrorism financing, and we can name some general rules such as the rule of "consuming the property of other for no good reason", the rule of "no injury", the rule of "prohibition of subscription on sin and hostility", and "preserving the life and security of the society" that justify criminalization of Terrorism Financing. Manuscript profile -
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14 - 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
15 - Jurisprudential documents on the necessity of the convergence of the Muslims of the world
Akram Hashemzadeh Hossein IzadiEver since the Prophet's mission and the presentation of Islam to humanity, the Qur'an and the infallibles have always emphasized the necessity of achieving convergence between Muslims, and reformers emphasized on its realization from the very beginning of Isl MoreEver since the Prophet's mission and the presentation of Islam to humanity, the Qur'an and the infallibles have always emphasized the necessity of achieving convergence between Muslims, and reformers emphasized on its realization from the very beginning of Islam. The necessity of convergence is due to the fact that, unfortunately, harm has been caused to convergence and that is; According to the reasons that have a much lower strength and jurisprudential identity compared to the reasons for convergence, people beat the barrel of divergence. The main question of the current research is what are the jurisprudential foundations of Muslim convergence. The present article tries to comprehensively explain the issue of convergence and its necessity by using the descriptive-analytical method and by collecting information in a library and by referring to the books and articles written in this field. The results of the research show that in the discussion of convergence, reference to the book (Qur'an), Sunnah and the use of the consensus of the discoverer of the Sunnah and finally, reference to reason and the use of independent and non-independent intellectuals are pervasive and inevitable. Manuscript profile -
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مریم حدادی رسول مقصود پور سید محسن حسینی پویا -
Open Access Article
17 - An Investigation of Jurisprudence Principals of Unfixed Taxes
abdoljabar zargoshnasab Taher alimohammadi Masoumeh GheybiIn an Islamic government, taxes fall under two categories: Fixed and unfixed. Fixed taxes are the ones specified in the religious texts in terms of amount and rate unfixed taxes are those imposed as per the necessities and needs of the society, the amount and type of wh MoreIn an Islamic government, taxes fall under two categories: Fixed and unfixed. Fixed taxes are the ones specified in the religious texts in terms of amount and rate unfixed taxes are those imposed as per the necessities and needs of the society, the amount and type of which varies depending on the time and place requirements. Because imposing unfixed taxes in an Islamic society must conform to the Islamic religious teachings to be accepted by the theologians, investigating the related jurisprudence principals is of prime importance. In this analytical-descriptive study, after investigating the Holy Quran verses, sayings by Holy Prophet or Imams, jurisprudence principals and Islamic regulations such as Velayat-e-Amr of the Islamic Jurists a system of government wherein the Islamic clergies (Ulema) have the ultimate saying in the military, judicial, legislative, and executive branches of government, it was revealed that imposing such taxes by the Islamic government is not only allowed but also obligatory in some cases. Manuscript profile -
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18 - Reading out Indemnification of Spiritual Perdition's Juridical Bases with Approach of Spousal's Spiritual Rights
masoumeh mazaheri maryam mohajeriIndemnification of perdition is important issue that recognized as basic and foundational stone of the civil responsibility Although the essentiality of indemnification of the spiritual perdition, civil responsibility of law accordance, is common essentiality and it can MoreIndemnification of perdition is important issue that recognized as basic and foundational stone of the civil responsibility Although the essentiality of indemnification of the spiritual perdition, civil responsibility of law accordance, is common essentiality and it can extended to the family. But this law is not sufficient for indemnification of spousal spiritual perdition. Because of certainly it has spoken that people should accept indemnification of spiritual and materialist perdition, However, Strategies that adopted about indemnification of spousal spiritual perdition should be imposed in direction of honor the family, with this point that the nature of the family with other organic systems is different. This research is intended to answer to this question: Has the Iranian legal system a juridical capacity that consider to indemnification of spiritual perdition and indemnification ways in the statute? With review and contemplation in the jurisprudence bases, we can say that: indemnification of spousal spiritual perdition is possible but unfortunately, existing assurances couldn't protect and keep family, because of this issue doesn’t known very well and most of time had minor and trivial point in some laws. So paying attention to it in spousal relationship is essential and important, because of with effective and useful strategies can enacted some laws that keep family nature and restore spousal perdition. Identify examples of spiritual perdition in spousal's spiritual rights and providing appropriate practical solutions with using juridical capacity to spiritual perdition in direction of protect the rights of spouses with the purpose of the family bonds and bases are Innovations of this essay. Manuscript profile -
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19 - The Legal Principles of Reconsideration of Judge's Vote
Jafar Jafarzadeh Mohammad Jafari Harandi Rahmat FarahzadiObviously, the truth is that the judge is not immune from error and mistake by virtue of being human. In each case, the probability of mistake and error cannot be ruled out, therefore, it is necessary to monitor the manner of judgment and the issuance of a verdict, and MoreObviously, the truth is that the judge is not immune from error and mistake by virtue of being human. In each case, the probability of mistake and error cannot be ruled out, therefore, it is necessary to monitor the manner of judgment and the issuance of a verdict, and on the other hand, the acceleration of the investigation and the season of hostility require that the supervision of the proceedings to be over at one point. The precision in the proceedings and monitoring the manner of the courts procedure in the above instances involve great importance, but it should not be in such a way that to preclude the termination of claims, henceforth in most countries, after two degrees of litigation. It is assumed that the verdict is in accordance with the fact that it is strictly forbidden to appeal the case (the validity of the closed case). Today this rule is considered to be the most basic rules of procedure, which in the two-stage hearing, in the time of the protest to the verdict and the period for the review, the enforcement of the ruling of the first court, shall be suspended. Manuscript profile -
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20 - Feasibility Study of Limit Execution in Internet Theft
Ahmad MoradkhaniCyber theft as a new type of theft has been developed in cyberspace in recent decades. And this indicates the non-deterrence of existing laws, one of the most important factors in the weakness of the laws related to cyber theft is the knowledge of its nature and the i MoreCyber theft as a new type of theft has been developed in cyberspace in recent decades. And this indicates the non-deterrence of existing laws, one of the most important factors in the weakness of the laws related to cyber theft is the knowledge of its nature and the incorrect interpretation and explanation of the Islamic Penal Code according to Article 12 of the Computer Crimes Law. And this is while cyber theft is not much different from physical theft in terms of substance and conditions and elements of the crime. The present article uses descriptive and analytical methods of jurisprudential arguments and existing laws in the position of feasibility of enforcing the limit in cyber theft. And the answer to the question is whether the definition and conditions stated about physical theft in jurisprudence and law are applicable to computer theft? What are the reasons for those who believe that it is ta'zir? Is the condition of blasphemy and taking property in computer theft applicable? Finally, by rejecting the reasons for those who believe that it is ta'zir and presenting a reason for the full compliance of the conditions, the extent of cyber theft has been proven. Manuscript profile -
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21 - Judicial Bases of Debt Exceptions
Homayoun mafi Seyyed Kamal HosseiniOne of the facilities that legislator is considered for the condemned party until insolvent debtor not stand to hardship & difficulty and also deprive of a least life is "debt exceptions". Namely, some of those properties which are essential for the survival be far MoreOne of the facilities that legislator is considered for the condemned party until insolvent debtor not stand to hardship & difficulty and also deprive of a least life is "debt exceptions". Namely, some of those properties which are essential for the survival be far from judgment creditor. This legal institution before that entered in law texts has been expressed in Islamic jurisprudence by great jurists. In this article, we survey the judicial bases of debt exceptions and explain our own comment finally. Manuscript profile -
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22 - Jurisprudence and Legal Solutions to Deal with Criminogenic Administrative Procedures and Regulations
Mohsen Fereydooni Samira Golkhandan Akbar RajabiReceive Date: 2023/02/25 Revise Date: 2023/07/20   MoreReceive Date: 2023/02/25 Revise Date: 2023/07/20 Accept Date: 2023/07/22 Today, sometimes administrative procedures and regulations, which themselves have been compiled and approved to organize affairs and even to prevent crime, appear in a different role and play a role as a criminogenic factor. Incorrect administrative procedures and regulations can be the criminogenic factor of all different kinds of crimes. From an administrative criminology aspect, along the pathology of administrative procedures and regulations, should reform its criminogenic issues. The jurisprudence foundation of confronting the administrative procedures and regulations of the crime is the necessity of restoration of trust of people in the administrative system and reduction of the imposed costs on the Islamic system. From jurisprudence aspect, attention to self-control among administrative officials, constant supervision on the regulations and enjoining good and forbidding evil is the main solution to deal with this type of regulations and procedures. From a legal aspect, organizing the criminal sanctions, combating trafficking, amending regulations of multi-jobs, limiting payments in companies, establishing regulations in the field of conflict of interests, implementing the law on declaration of assets, creating an internal control system and disclosure of criminogenic administrative procedures and regulations is one of the main solutions to deal with criminogenic administrative procedures and regulations. Manuscript profile -
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23 - Jurisprudential study of foreign investment and the environment and their legal relations with each other
seyed sajjad khaloei tafti reza aqaabbasi reza shamsiBackground and Aim: In this research, the aim and goal is to refer to the permissibility of foreign investment activities and non-destruction of the environment according to the jurisprudential and Islamic rules; The effect of foreign investment in the destruction of th MoreBackground and Aim: In this research, the aim and goal is to refer to the permissibility of foreign investment activities and non-destruction of the environment according to the jurisprudential and Islamic rules; The effect of foreign investment in the destruction of the environment, which is contrary to the jurisprudential and religious principles of our country should also be addressed; Therefore, it is necessary to conduct this research to provide the necessary legal solutions to reduce and eliminate the negative effects of foreign investment on the environment, so that an effective step can be taken to manage foreign investment while maintaining environmental considerations.Method: In this research, analytical and descriptive methods have been used.Findings and Results: Considering the importance of foreign investment and its impact on the environment in recent decades, we decided to first examine the position of Islamic law on foreign investment and developments in the environment with reference to jurisprudential sources and then Explain and analyze the impact of foreign investment on environmental degradation and the proposed solutions in order to take an effective step towards balancing the environment and the flow of foreign investment according to the jurisprudential and legal principles for our country. Manuscript profile -
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24 - The Governments’ and NGOs’ International Responsibilities; The Islamic Jurisprudential fundamentals and Political Challenges
Mahsa Fahimi Azad Soheil Soheily Najafabad Mohsen DianatRecognizing the norms and regulations of international law and guarantying the international activists’ commitments necessitate a provisioning of international responsibility system for them. Using the descriptive and analytical methods and library data, the prese MoreRecognizing the norms and regulations of international law and guarantying the international activists’ commitments necessitate a provisioning of international responsibility system for them. Using the descriptive and analytical methods and library data, the present research studied and explained the Islamic jurisprudential fundamentals of and political challenges for the governments’ and NGOs’ international responsibilities. The research findings showed that despite the lack of discussion on the subject in the Islamic jurisprudence, several jurisprudential regulations – such as the negation of hardship, the rule of prohibition of helping to commit a crime, the prohibition of detriment, as the most important ones - can be used as the fundamentals to justify the governments’ and NGOs’ international responsibilities. Despite this, there are several political challenges – the governments search for profits, their intervention in establishing the international laws, and political considerations effects on the election of judges for the international trials, as the most prominent ones - for the governments’ and NGOs’ international responsibilities. Manuscript profile -
Open Access Article
25 - Study of views and jurisprudential ideas of Mohsen Feiz Kashani
sara sahlolbei فهیمه ملک زاده younes vahed yarijanThe variety of thoughts of jurists in every era has an important role in forming the structure of jurisprudence dynamic of ijtihad of Shia. Investigation of Faiz Kashani’s view points, as a prominent and innovative jurist, is essential to achieve to up to date jurisp MoreThe variety of thoughts of jurists in every era has an important role in forming the structure of jurisprudence dynamic of ijtihad of Shia. Investigation of Faiz Kashani’s view points, as a prominent and innovative jurist, is essential to achieve to up to date jurisprudence, proportional to the islamic society. The aim of this research is investigating comparative Faiz Kashani’s jurisprudence votes, in addition to surveying the reasons of contrary and agreeing votes with him among jurists. Moreover, it has been tried to detect the jurisprudence bases and intellectual principles of Faiz Kashani’s thoughts in deduction of progressed rulings in solving problems of islamic society. In spite of Akhbari background in the time of Faiz, due to influence of Mollasadra, he paid his life time to order jurisprudence in accordance with morality and mysticism (unlike to Akhbari jurists). With courage and deep thinking, along with courage in jurisprudence and presence in scientific and cultural fields, Faiz progressed in social services to solve people problems. Using wisdom in sum of narratives, listless to previous famous jurisprudence judgment, attention to easiness, paying attention to Soni learned, have been the most important properties of Faiz. Fainally, according to the above mentioned points, Faiz declared to the proportional age of puberty and purity of the people of other religions. This study has been followed using descriptive, comparative, and analytical method and using literature review and note taking. Manuscript profile -
Open Access Article
26 - 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
27 - 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
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