Jurisprudence and philosophical studies: 2 (42)

Open Access Article

1 - The Relationship between Jurisprudence and Mysticism in Imam Khomeini's Thought
Mohammad Javad Rudgar Qasem Ebrahimipoor Abuozar kazemian suraki

The human soul is compatible with spirituality, and the tendency to mystical debates is very evident in today's society. Imam Khomeini considers the divine laws to have an appearance and an interior that can be achieved from the appearance of the Shari'a to the interior More

The human soul is compatible with spirituality, and the tendency to mystical debates is very evident in today's society. Imam Khomeini considers the divine laws to have an appearance and an interior that can be achieved from the appearance of the Shari'a to the interior, which is the truth, due to the longitudinal relationship between them, and they consider the abandonment of the appearance of the Shari'a as the tricks of Satan. He considers theobservance of the jurisprudential orders to be obligatory in all stages of conduct and even after reaching the truth, and does not accept a change in the quality of acting according to the rules and regulations of the Shari'a. Imam (ra) during his absence, considering the role of a perfect human being in arresting individuals and religious rulings, considers the position of jurists in determining the duty of imitators to the rulings and in the maximum view, the successors of a perfect human being. Accordingly, in this article, an attempt has been made to analyze and explain the relationship between Shari'a in its specific meaning, that is, jurisprudence and mysticism in Imam Khomeini's thought, through a descriptive analytical method. Manuscript profile

Open Access Article

2 - The Effect of Media Representation of Restorative Programs on Reaching an Agreement between the Parties to a Criminal Case; with an Emphasis on murder
Seyed Doraid Mousavi Mojab Leila Rahnama

Restorative justice seeks to resolve disputes through compromise and negotiation, and in the shadow of it, the victim's losses and harms must be compensated; moreover, the victim and the offender must be returned to their normal lives in society. In order to implement t More

Restorative justice seeks to resolve disputes through compromise and negotiation, and in the shadow of it, the victim's losses and harms must be compensated; moreover, the victim and the offender must be returned to their normal lives in society. In order to implement the restorative programs, it’s necessary to observe its elements properly, including confidentiality. However, confidentiality through the mass media is severely violated through the media representation of restorative programs and has a negative impact on the achievement of restorative agreements. In this relation, the violation of confidentiality of the murder cases and its negative effect on the achievement of a restorative agreement through the media coverage of the events is evident. By recognizing and using the legal capacities of restorative programs, and also the capacities of the mass media, they can be used to reach an agreement. This paper explains the capacities of the media and restorative programs and seeks to clarify the impact of the media representation of restorative programs on the achievement of restorative agreements. The research method in this research is descriptive-analytical by using library resources. Manuscript profile

Open Access Article

3 - A comparative study of the crime of premeditated murder in Islamic jurisprudential religions and the Iraqi Penal Code with emphasis on its punishment
Syede parisa Andak Seyed Ali Rabbani Mousaviyan

One of the most important crimes among crimes, but also the most serious, is premeditated murder, and the punishment for premeditated murder in Islamic jurisprudence is called retribution for jurists. In the jurisprudence of Islamic religions, there are many commonaliti More

One of the most important crimes among crimes, but also the most serious, is premeditated murder, and the punishment for premeditated murder in Islamic jurisprudence is called retribution for jurists. In the jurisprudence of Islamic religions, there are many commonalities in this issue, and only sometimes they disagree on the elements of retribution. The present study tries to analyze the method of sharing and differentiating the punishment of premeditated murder from the point of view of the jurists of khamseh religions and the Iraqi penal code by analytical and descriptive method and by library method and determine the effectiveness of the Iraqi penal code from these religions. Findings indicate that the punishment for premeditated murder In Islamic jurisprudence and in Iraq it is considered one of the three punishment of life imprisonment or temporary imprisonment, execution and life imprisonment of execution. In Islamic jurisprudence, the main punishment for premeditated murder is retribution, and in Iraq, the main punishment for intentional homicide in temporary or permanent imprisonment. In special cases, the death penalty is punishable by death, although these are the most common forms of murder deliberately included. Meanwhile, the president is an exception, and according to the Iraq penal code, the initial and unconditional punishment for the executioner has been set. Manuscript profile

Open Access Article

4 - Legal-jurisprudence Principles of Islamic Republic of Iran Criminal Policy against Behaviors leading to air pollution:Challenges and Solutions
Manzar Karimi Ali Mashhadi Mohamad Barani

In fact, behaviours leading to air pollution includes omissions and acts leading to release of one or some contaminants in the air in a way that some changes are noticed in the air quality and these changes put human and other living beings health in danger and they are More

In fact, behaviours leading to air pollution includes omissions and acts leading to release of one or some contaminants in the air in a way that some changes are noticed in the air quality and these changes put human and other living beings health in danger and they are harmful and cause disturbance in public welfare or reduce it drastically. The consequences and negative effects of such behaviors ( hygienic, social, political, legal aspects and etc..) have made the governments to take action against it and consider it as an environmental  issue and one of the most important human rights in their macro-political planning. One of the preventive methods is utilizing criminal policy as a comprehensive and effective plan with certain principles and framework that reduce or omit these acts. But as the proper understanding of criminal policy in Iran needs realizing the mentioned policy principles, this paper has used descriptive-analytical method and library instruments to examine legal-jurisprudence principles as the most significant and fundamental criminal policy principles to prevent the behaviours leading to air pollution. Manuscript profile

Open Access Article

5 - A look at the concept of trade in the commandite contract
Seyyed Mahdi Mirdadashi Mehdi Azizi

despite the task of commanditer to doing business with capital,legislator in none of concerned articles in (articles of 551,552,553, 555, 557 and 558 Civil Code) has the meaning been explicitly stated and given that understanding the concept of trade is effective in exp More

despite the task of commanditer to doing business with capital,legislator in none of concerned articles in (articles of 551,552,553, 555, 557 and 558 Civil Code) has the meaning been explicitly stated and given that understanding the concept of trade is effective in explaining the scope of the commandite contract, the question that arises is what is meant by "trade" in the above Articles? In response to this question, the topic "A look at the concept of business in the commandite contract" was selected for the present study. After conducting research by the library method, as well as analyzing the proposed opinions by descriptive and analytical methods, it was determined,contrary to the opinion of some legal writers, The will of commanditer, when choosing the type of trade, is not limited to the Article 2 of the Commercial Code. The agent, In addition to matters such as the establishment of public warehouses and transactions subject to Article 5 of the Apartment Ownership Law, which are considered as intrinsic commercial acts outside Article 2 of the Commercial Code, he can even choose things such as buying and selling real estate which is commonly considered commercial. Manuscript profile

Open Access Article

6 - The Basis and Solutions for Protecting the Fundamental Rights of Customers and Recipients of Services from the View Point of Islamic Jurisprudence
zahra sarkeshekeyan Esmat al-Sadat Tabatabaei Lotfi Hormoz Asadi Kohbad

One of the modern legal issues is the rights of customers and recipients of services, which is part of the consumer rights. Identifying and paying attention to these rights can provide customer satisfaction, health and quality in delivering services, and prevent conflic More

One of the modern legal issues is the rights of customers and recipients of services, which is part of the consumer rights. Identifying and paying attention to these rights can provide customer satisfaction, health and quality in delivering services, and prevent conflicts in the service market. In the present study, the descriptive-analytical method has been used to explain and examine the principles and strategies for protecting the rights of service customers from the view point of Islamic jurists. In terms of protecting the right of freedom in choice and having a competitive and anti-monopoly market, having accurate and complete information about services, having health and safety services, which are referred to as the fundamental rights of consumers of goods and services, there are issues and rulings, with minor differences, to prevent harm. Government support and interference in regard to harmful services and deceptive practices through the Hasbeh and other institutions is confirmed and emphasized. Manuscript profile

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