List of Articles legal foundations

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  1 - Jurisprudential and legal bases of criminalization of refusal of rescue and rescue in the absence of obligation and contract
  Mehri Salehi Ebrahim Yaghouti Vali Rustavi
  10.30495/jfil.2023.72638.1696
  The 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 More

  The 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
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  2 - The Examination Exceptions from the Prohibition of Usury
  Maryam Naghdi Dourbati Ahmad Abedini NajafAbadi Javad Panjepour
  The 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 More

  The 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
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  3 - Jurisprudential Foundations Citizenship Rights in the Legal System of Iran and Islam
  moslem orangi Mohamad taghi Alavi Rahim Vakilzade
  Citizenship 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 societ More

  Citizenship 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 jurisprudential 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 jurisprudential 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
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  4 - Jurisprudential Basis of the Possibility of Realizing Restorative Justice through Mediation
  hamidreza motie sayyed Mahdi Ahmadi Hossein Rahimi Vaskasi
  Restorative 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 More

  Restorative 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