Jurisprudence and philosophical studies: 5 (40)

Open Access Article

1 - Jurisprudential principles of prohibiting mass destruction of the environment in war;Emphasizing the critique of historical accounts of the prophetic wars
Ahmad Ehsanifar

In the present study, with the historical arrangement of the prophetic wars from distortions, exaggerations and exaggerations, and by examining the arguments preventing the extensive and massive destruction of the environment, the position of Shiite jurisprudence regard More

In the present study, with the historical arrangement of the prophetic wars from distortions, exaggerations and exaggerations, and by examining the arguments preventing the extensive and massive destruction of the environment, the position of Shiite jurisprudence regarding this war behavior becomes clear. Based on the evidence presented, in a state of emergency and necessity of war, destruction and waste can be limited, controlled and managed by environmental elements; But massive destruction of the environment is not possible. Manuscript profile

Open Access Article

2 - Determining the Lease property Surplus of the Second Lease in Islamic Jurisprudence
Seyed Masih Hosseiny Ahmad Moradkhani

According to Article 466 of the Penal Code, a lease is a contract under which the lessee owns the benefits of the same lessee and also Article 474 of the Penal Code stipulates: the lessee can lease the same lessee, unless stipulated in the lease contract otherwise. Howe More

According to Article 466 of the Penal Code, a lease is a contract under which the lessee owns the benefits of the same lessee and also Article 474 of the Penal Code stipulates: the lessee can lease the same lessee, unless stipulated in the lease contract otherwise. However, Article 10 of the Law on Owners and Tenants states "The lessee may not transfer the lease interest in whole or in part to nontransferable property unless it has been authorized in writing. Although there has been extensive discussion in legal books of these cases, the surplus of rent has not been discussed for the same tenant (in whole or in part) in the second lease contract, or sometimes less discussed, therefore in this study, according to jurisprudential sources and Imami (Shiite) narration, has been considered the statements of the jurists of the past and the latter. The findings show that some of the Fatwas of contemporary referred separately to land and non- land Shiite jurisprudential authorities who are detailed on surplus rent. Manuscript profile

Open Access Article

3 - A Jurisprudential Study on Guaranteed Interests in Bank Deposits
Haydeh Darvishi Esmat al-Sadat Tabatabaei Lotfi Sayyed Muhammad Shafiei mazandarani

In order to attract public capital, banks have set guaranteed earnings and have tied the overpayment to the bank's economic efficiency. From a jurisprudential point of view, receiving interest on depositing money without any risk is considered usury, which is a religiou More

In order to attract public capital, banks have set guaranteed earnings and have tied the overpayment to the bank's economic efficiency. From a jurisprudential point of view, receiving interest on depositing money without any risk is considered usury, which is a religious prohibition. Jurisprudents have allowed receiving profits provided that a contract is made such as representation in investment, mudarabah, sale, etc. In this study, two categories of pricing and bank-deposit insurance are discussed, according to which the determination and guarantee of in-part-payment profits has a religious justification. Considering the acceptance of insurance in the form of Islamic contracts by most of the jurisprudents, bank deposit insurance that guarantees the principle in-part-payment interest is permissible. Also, the government's involvement in pricing has been approved, if necessary, with a view to providing social benefits. Therefore, given the current state of society, the government has the right to set the in-part-payment interest rates and according to the two categories considered, the in-part-payment interest has a legal justification. Manuscript profile

Open Access Article

4 - Study of jurisprudential and legal principles of transplantation of human organs
Mostafa Ameri siahooyi Farooq Tooli Lila Amini

In order to transplant organs from one human to another, in addition to diagnosing the obvious occurrence of brain death, the patient's will in this regard or in the absence of the patient's will, the consent of the deceased is required. Therefore, if the last two condi More

In order to transplant organs from one human to another, in addition to diagnosing the obvious occurrence of brain death, the patient's will in this regard or in the absence of the patient's will, the consent of the deceased is required. Therefore, if the last two conditions are not met and despite the diagnosis of brain death and even the cessation of saving human life on organ transplantation, this is not legally possible, while some jurists have determined the task in such circumstances and believe in In case of stopping the salvation of a Muslim human life on organ transplantation and in case of no will, without the need to obtain the consent of the deceased, removal of the organ from the dead Muslim body and transplantation to the patient will be permissible and even obligatory.The study of the legitimacy of organ transplantation from the human body from a jurisprudential and legal perspective is the main focus of this research. Given the importance of issues related to organ harvesting and transplantation, it can be said that the most important purpose of research and study of their jurisprudential and legal foundations is to smooth a positive and acceptable approach to scientific and medical achievements in this field, resulting in the adoption of comprehensive laws. It will lead to more accuracy in the freedom of trade and association of members. In this article, we aim to explain the jurisprudential and legal principles of organ transplantation and the legitimacy of organ harvesting from a living human being by collecting information in a descriptive-analytical method.    Manuscript profile

Open Access Article

5 - Examining the authenticity of the confession before the competent court and general judicial officers
Ahmad Bajelan Seyed Mohammad Mehdi Ahmadi

Confession is considered as the best and surest reason for convincing the human conscience in condemning the accused, and its value is such that sometimes to express it, the perpetrators resorted to torture and even the death of the confessor. On the other hand, in many More

Confession is considered as the best and surest reason for convincing the human conscience in condemning the accused, and its value is such that sometimes to express it, the perpetrators resorted to torture and even the death of the confessor. On the other hand, in many cases, the confessions of the accused are not accepted by the court and are rejected by the judicial authorities, who, for example, reluctantly lose Reza and make it legally invalid, which in some cases even raises the possibility of police recourse. They assume in a biased and unfair way and consider it as a case against the accused. Since the police, and especially the detectives (according to the central confession of the ruling laws), are constantly dealing with the issue of confession and its margins, and in order to complete the case, they have to obtain a confession from the accused and consider it as the main reason for the crime. Therefore, it is necessary to be aware of the role of confession and its effectiveness and to be familiar with the causes of its corruption. Manuscript profile

Open Access Article

6 - Achievements of human dignity in sentencing
Farahnaz Nazeri sharibani Alireza Saberian

The present study examines the attention and adherence to human dignity and has a significant impact on the rights of offenders, plaintiffs, plaintiffs and defendants, and the extent of punishment in a criminal system. Therefore, in terms of purpose, it is applied and p More

The present study examines the attention and adherence to human dignity and has a significant impact on the rights of offenders, plaintiffs, plaintiffs and defendants, and the extent of punishment in a criminal system. Therefore, in terms of purpose, it is applied and problem-oriented, and the type of research is descriptive-analytical. In this study, an attempt has been made to answer the question of what are the achievements of human dignity in sentencing? The results showed that human dignity as a universal principle of religious and Islamic universality and an international norm related to human rights has introduced criteria in determining punishment such as equality, proportionality, human punishment and in the field of criminal law. Manuscript profile

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