فصلنامه مطالعات میان رشته ای فقه: 2 (11)

Open Access Article

1 - Understanding the functions of utility services in Iranian criminal law
Qasem Ali Tavassoli Mojtaba Farahbakhsh Ahmad Ramezani

The promotion of the idea of punishment and repression and the increasing population of the world's criminal population led to severe criticism of modern criminologists and criminologists and their efforts to promote a new perspective on criminology and criminal scien More

The promotion of the idea of punishment and repression and the increasing population of the world's criminal population led to severe criticism of modern criminologists and criminologists and their efforts to promote a new perspective on criminology and criminal science, called public services. In this regard, the forthcoming research was conducted with the aim of recognizing the functions of public utility services in Iranian criminal law to determine what is the use of public utility services in Iranian criminal law? Since this research is in the category of qualitative studies, through library study and review of theoretical foundations of the subject, analysis of previous research findings and receipt of sources and opinions, the necessary information is collected, described, classified. And analyzed. Findings and results of the study showed that public services, although considered as a form of punishment, but to the point of functioning of spiritualists in order to guarantee human rights, including the protection of human dignity, the right to benefit from freedom. Rejects the right to employment, etc. and gives the offender the opportunity to compensate the social damages and benefit the government and the society, his goodwill and remorse with the aim of returning to the place and a useful peace to the society. To prove. Alternative services to imprisonment have helped reform and re-socialize convicts, and can be a viable solution for non-dangerous offenders. Therefore, legal actors should try to make the most of the benefits of these services by preparing the ground and reforming the judicial procedure. Manuscript profile

Open Access Article

2 - Critics on the Compensation Regime for "Unjust Imprisonment and Detention" In Iran's Legislative Criminal Policy
Mahdi Khaghani Esfahani

Compensation for innocent detainees and prisoners is a relatively new legal establishment. Compensation for damages by the government following judicial errors is a development in respect for human rights in the criminal process, which is influenced by developments in c More

Compensation for innocent detainees and prisoners is a relatively new legal establishment. Compensation for damages by the government following judicial errors is a development in respect for human rights in the criminal process, which is influenced by developments in criminological knowledge, critical criminology, and related sciences. Articles 255 to 258 and 518 of the Iranian Code of Criminal Procedure and Articles 163 and 13 of the Islamic Penal Code provided a legal basis for compensation for innocent convicts. The instances specified in the law are exclusive and it is not possible to expand the scope of compensation for such individuals by developing the subject and comparing it to similar cases; However, the beneficiary and the victim will have the right to claim damages for invoking other jurisprudential principles and rules, such as the no-harm rule and the negation rule. Therefore, the principles of human rights and jurisprudential rules are one of the most important principles of compensation for innocent defendants and convicts.This article, after criticizing the legal provisions related to compensation for unjust detention from the perspective of Iran's legislative criminal policy in the light of jurisprudential principles and international documents, explains that the national and provincial commissions for judicial compensation, despite alignment with the idea Islamic Guarantee and Restorative Justice, Due to the Continuity of Punishment Overcoming the Judicial Sub-Discourse - Despite the Main Rehabilitative and Restorative Discourse - and Due to Legal and Structural Defects, They Have Not Been Transformed the Doctrine of Compensation into Improper Detention by the Judiciary Formation. In the end, it is suggested that the application and ambiguity of paragraph "c" of Article 256 of the Code of Criminal Procedure be restricted so that it does not become a platform for escaping from compensation. Manuscript profile

Open Access Article

3 - Criteria for fulfilling the ablution and its desecration in the five religions and criminal law of Iran
Soheila Baybordi Mahmoud Qayyumzadeh Abbas Ali Heydari

One of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for More

One of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for distinguishing it is custom. Blasphemy and expulsion of property from amulets are other conditions of theft to the extent that blasphemy, in addition to material blasphemy, includes spiritual blasphemy. Criteria of custom as well as the ability to maintain property in the realization of amulets are discussed. Blasphemy is also carried out according to customary criteria. The emergence of the virtual world is also effective in redefining the amulet and its desecration. The five religions mainly agree on the criteria for performing the ablution and its desecration. In Iranian criminal law, however, the criterion of custom is accepted. This study has found that in general, the criteria for performing the amulet and its desecration are the same in Islamic jurisprudence and Iranian criminal law and is based on customaryness, although in Islamic jurisprudence there are many differences in determining the instances of the amulet. Manuscript profile

Open Access Article

4 - Feasibility of applying the arbitration mechanism to settle lawsuits caused by acts that disrupt foreign investment.
mahmoud Qomshal Ahmad Moradkhani Seyed mehdi Mirdadashi

Foreign investment is one of the most important ways of transferring liquidity and technology from developed countries to developing countries, which has been the focus of many statesmen and policymakers in recent decades. One of the most important measures in order to More

Foreign investment is one of the most important ways of transferring liquidity and technology from developed countries to developing countries, which has been the focus of many statesmen and policymakers in recent decades. One of the most important measures in order to optimally support the foreign investment process is to foresee appropriate legal mechanisms and especially arbitration in order to resolve disputes and lawsuits arising from it. Considering the perpetration of acts and procedures that disrupt foreign investment in every country as an undeniable fact, in this research, with a descriptive-analytical method, the feasibility of implementing the arbitration mechanism for the settlement of claims resulting from acts that disrupt foreign investment Been paid. The findings indicate that there are serious obstacles in Iran's current legal system regarding the referral of claims resulting from double taxation and the occurrence of economic corruption (in the form of violations) as the most important examples of acts that disrupt foreign investment. , 125 and 139 of the Constitution is one of the most important of them. The current situation requires that, if possible, reinterpretation of the above-mentioned principles should be carried out according to the current conditions and the upcoming needs on the part of the relevant interpretive institutions. Manuscript profile

Open Access Article

5 - Preservation of the environment from the point of view of jurisprudence and the necessity of environmental education
Mohammad Reza Gol Hamishe Bahar Ebadollah Ahmadi Majid Barzegar

The growing situation of destruction of the natural and human environment is such that preserving the environment has become a necessity. Various measures have not been able to prevent the increasing process of environmental degradation. In such a situation, education h More

The growing situation of destruction of the natural and human environment is such that preserving the environment has become a necessity. Various measures have not been able to prevent the increasing process of environmental degradation. In such a situation, education has become an important issue. The basic question that is raised and examined in this context is that considering that jurisprudence and environment are interactive, what is the effect of environmental education using jurisprudence principles in preserving the environment? This article is descriptive and analytical and has investigated the mentioned question in a library method. The findings indicate that lack of awareness is one of the important factors of existing environmental problems, and environmental education in the form of existing capacities in the Quran and tradition solves the problems. Based on this, the practical educational mechanism was examined in the framework of public responsibility, general and specific rules and principles. Environmental protection through Notices and the cultural development of other sections of society based on Codified principles Jurisprudence is an important principle that can lead to the expansion and quality of everyone's responsibility in the environment and reminds us of the danger of environmental destruction. and environmental protection methods to promote The result of such a process is to reduce degradation and environmental problems. The importance of this issue becomes more obvious when it is pointed out that in Iran, despite the educational resources in this field, we are facing significant deficiencies that can be solved in this way. Manuscript profile

Open Access Article

6 - Haarp Technology; Jurisprudential and legal challenges facing it
mehdi omani Jamal Beigi babak poorgahremani

Haarp technology, as the most modern technology, has been in the possession of the global arrogance, and although its purpose has been declared more research, medicine and for the benefit of humanity, in fact it was not, and its criminal uses have been in violation of h More

Haarp technology, as the most modern technology, has been in the possession of the global arrogance, and although its purpose has been declared more research, medicine and for the benefit of humanity, in fact it was not, and its criminal uses have been in violation of human rights. The fact that this technology is at the disposal of infidels and designed for their oppressive purposes has led to jurisprudential and legal challenges in the Islamic world. The main purpose of this article is to examine the jurisprudential and legal challenges facing this technology. The research method is descriptive and analytical and the research findings indicate that the inclusion of jurisprudential rules in the land of infidels, non-compliance of infidels with jurisprudential rules, lack of real rulings, lack of jurisprudential review and lack of fatwas on emerging technologies The most important jurisprudential challenges and non-criminalization of criminal applications, the lack of recognition of Haarp technology as a weapon of mass destruction, the lack of recognition of Haarp technology as a terrorist weapon and the lack of recognition of Haarp technology as a biological weapon as the most important legal challenges in the international community Is raised. Manuscript profile

Open Access Article

7 - A comparative study of the laws of Iran, Turkey, the UAE and the international legal system in the field of international judicial cooperation regarding corruption crimes.
Hassan Kohandani Asal Azemeyan

The International Judicial Cooperation Bill, the latest measure of the Islamic Republic of Iran in the field of international judicial cooperation regarding administrative corruption crimes, seems to have been drafted by the judiciary. Although this bill has many weakne More

The International Judicial Cooperation Bill, the latest measure of the Islamic Republic of Iran in the field of international judicial cooperation regarding administrative corruption crimes, seems to have been drafted by the judiciary. Although this bill has many weaknesses and problems, But it shows the serious intention of the Islamic Republic of Iran to enter this field. In the meantime, the United Nations Convention against Corruption, as the main international convention on corruption crimes, has drawn mechanisms for governments for international judicial cooperation. The main question in this research, which has been conducted in a descriptive-analytical way, is what are the differences and similarities between Iran's laws and the international legal system in the field of international judicial cooperation regarding corruption crimes? The result of this research shows that there are important differences in the field of corruption crimes that can be cooperated internationally. The petitioner's authority and jurisdictional conflicts exist between different implementing institutions in the Islamic Republic of Iran with the international legal system. Manuscript profile

Open Access Article

8 - Mechanisms governing the use of online arbitration with an approach to transnational commercial documents
Mehdi Nazemizadeh Mohammad Shamei

The administration of justice within a reasonable period of time can be considered as one of the basic human rights; But in practice, we are witnessing that severe pressure on the judicial system and, as a result, delays in processing cases. The ultimate goal is the eff More

The administration of justice within a reasonable period of time can be considered as one of the basic human rights; But in practice, we are witnessing that severe pressure on the judicial system and, as a result, delays in processing cases. The ultimate goal is the effective resolution of disputes in low-cost and quick ways. One of the effective ways to solve the problem of delay in judicial systems, to speed up and be cost-effective, is to use the arbitration mechanism. Arbitration, in simple language, means resolving disputes outside the court, which has been widely welcomed for the reasons mentioned above. Arbitration, like all areas of modern life, needs to be developed and reconstructed, in line with the progress of science and technology, and in this regard, various laws and special legal systems have been formulated to facilitate the resolution of disputes using online arbitration. In electronic commerce, the arbitration clause is often included in the general terms of the contract, which are requested and accepted by electronic means. Therefore, in assessing the validity of the arbitration clause, the question is raised whether the nature and electronic procedure of the contract actually enables the informed consent of the parties, and whether the arbitration clause that was sent using a computer screen without having a real copy meets the formal and formal requirements of a written document. he does? In this article, the explanation of this issue is mentioned in a descriptive and analytical way. Manuscript profile

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