Mehdi Tavili; Mehdi Sheidaian; Seyed Mahmoud Mirkhalili; Shahrdad Darabi
Abstract
According to the principle of necessity of criminal prosecution, the prosecutor can assess the prosecution and refuse to prosecute the accused; In this case, it will use alternatives to criminal prosecution. Alternatives to criminal prosecution are measures in which the prosecutor, while refraining from ...
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According to the principle of necessity of criminal prosecution, the prosecutor can assess the prosecution and refuse to prosecute the accused; In this case, it will use alternatives to criminal prosecution. Alternatives to criminal prosecution are measures in which the prosecutor, while refraining from criminal prosecution, uses them to correct the accused and respect the rights of the victim. In 1392, the Code of Criminal Procedure of Iran provided only examples of alternatives to criminal prosecution, such as suspension and adjournment of prosecution, case filing and mediation. In the English legal system, the Royal Prosecutor's Office will not initiate prosecution unless there are two criteria of sufficient evidence and public interest. In this system, assuming no prosecution, several alternatives to criminal prosecution are envisaged.In this article, we seek to examine the alternatives to criminal prosecution in both legal systems and what are the differences and commonalities between them? Is it possible to use alternatives to prosecute the British penal system in the Iranian penal system? The findings of this study, which are written in a descriptive-analytical method, indicate that due to the capacity of the Iranian penal system and the existence of the necessary infrastructure, it is possible to use alternatives to the British pursuit in Iran. In alternatives such as mediation, withdrawal and suspension of prosecution, similarity; And there are differences between the two systems in the simple and conditional warning of adults and young people, the final reprimand and admission, the admission of delinquency and the accusation.
Mohammad Rasool Ahangaran; Mohammad Biruoti; Seyyed Ahmad Habibzadeh
Abstract
Due to the arrival of religion in various aspects of human life, the full implementation of the laws and regulations of religion and the achievement of its goals is not possible except by establishing a religion based on religion.In this article, we will analyze the jurisprudential foundations of the ...
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Due to the arrival of religion in various aspects of human life, the full implementation of the laws and regulations of religion and the achievement of its goals is not possible except by establishing a religion based on religion.In this article, we will analyze the jurisprudential foundations of the formation of government in various Islamic religions from the point of view of reason. What is considered as wisdom is the jurisprudential foundations of the approximation of Islamic religions and the word of Allah (as the complete intellect) in the Holy Qur'an.Sunni school principles of the Quartet of (a salt solution and marriage, succession by Caliph now, angry and overcome salinity by Khalifa ex to select a new ruler) to select the ruling highlighted, the principles discussed above, allegiance is completed Among the three trends of contemporary political thought, Shiite jurisprudence identified two patterns (the jurisprudential theory and the theory of the lawyers of individual personal owners) for choosing a ruler.The need for the approximation of Islamic religions is a reaction to obstacles that are in conflict with the institution of reason. The acceptance of the rule based on "victory and conquest" and "the choice of successor by the present caliph" in Islamic societies is a kind of direct struggle with the institution of reason.
sayeed abbas ahmadiyan; karim kokhaizadeh; abdoljabar zargosh nasab
Abstract
The most important jurisprudential challenge in relation to a joint stock company is to identify the nature and position of this company among jurisprudential companies, and whether a joint stock company is a contract or merely an organization formed for trading in shareholder group property is a difference ...
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The most important jurisprudential challenge in relation to a joint stock company is to identify the nature and position of this company among jurisprudential companies, and whether a joint stock company is a contract or merely an organization formed for trading in shareholder group property is a difference of opinion among jurists and jurists. Even if the theory of a joint stock company is preferred, the problem of matching this company with jurisprudential companies arises. Existence of assets, personality independent of assets, personality of shareholders, existence of mandatory laws governing the management of a joint stock company and compliance of shareholders with the majority vote are the most important obstacles to accepting the theory of joint stock company. According to contemporary jurists, among the jurisprudential contracts and companies, only Annan and Mudaraba have the most structural convergence with a joint stock company, but the emphasis of the Commercial Code on the selection of board members from among shareholders is the main problem of adapting the company to Mudaraba and the company is Annan. Of all these views, it is very difficult to accept the promise of Mudaraba being a joint stock company, and although it may be applicable to Anan Company, but accepting it as a new and fledgling partnership based on the principle of correctness and freedom of concluding legitimate contracts, is correct. Is closer.
Fatemeh Monazzami; Mahdi Movahedi Moheb
Abstract
Minor marriage, on the one hand, is related to the category of marriage, and on the other hand, to the field of children's rights, and therefore, requires double care. In marriage with a minor, despite the consensus on respecting her, extra-ordinary pleasures, such as expansion, taqbil, etc., are considered ...
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Minor marriage, on the one hand, is related to the category of marriage, and on the other hand, to the field of children's rights, and therefore, requires double care. In marriage with a minor, despite the consensus on respecting her, extra-ordinary pleasures, such as expansion, taqbil, etc., are considered permissible even in infants; which may be considered as an example of child abuse. In this article, in the descriptive and analytical method, while examining their statements and evidence, we believe that the subject of sexual enjoyment is the adult wife, not the child, and in addition to the problem of psychological and educational injuries that have been inflicted on the child through this passage, and according to the evidence of negation of harm, It is prohibited, reason is also the ruler of its ugliness, and in fact, such pleasures, with the use of the lips, are outside the permissible rule and are forbidden according to the first rule. Although some have considered minor marriage to be invalid in order to avoid the aforementioned problems, it seems that if there is no other rational purpose for such a marriage, it should be accepted; Otherwise, according to the general rules of transactions and marriage, the contract is valid if the above-mentioned items are observed. One of the main goals of this article, which is also considered as an innovative and exclusive aspect of the present article, is to take advantage of Labi's custom discussion to untangle a jurisprudental and legal issue, this discussion is only mentioned in books and in the form of simple examples, and less frequently, it is cited in the position of Efta.
mohamadbagher amerinia; Abasali Farahati
Abstract
There is a difference of opinion about the nature of the right and ruling. Some have defined the right as domination, some have defined it as a type of property, and some have defined it as a special credit. This disorder has caused that there is a difference of opinion in determining the examples and ...
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There is a difference of opinion about the nature of the right and ruling. Some have defined the right as domination, some have defined it as a type of property, and some have defined it as a special credit. This disorder has caused that there is a difference of opinion in determining the examples and recognizing the right from the verdict. In the famous view, whatever has the ability to be revoked or transferred is a right, and whatever lacks these three characteristics is a ruling. In spite of its reputation, this criterion requires vicious circle. This means that everything that can be revoked and transferred is considered a right, then the question arises as to what can be revoked or transferred. As when we say in the definition of the sentence; Ruling is something that cannot be revoked or transferred, the question comes to mind as to what cannot be revoked or transferred. Perhaps it can be said that a better criterion for identifying the right and ruling is to say that whatever is contrary to the public order from the point of view of jurisprudential and legal foundations will be a ruling and its opposite will be an example of right. Another issue that is important in the discussion of right and ruling is cases of doubt, that is, cases where there is doubt between whether they are right or ruling. In such cases, various solutions have been presented; Some people consider it preferable to be "right", while they consider being "ruling" as requiring a reason, and others the opposite, but it seems that in these cases, it is necessary to refer to other rules and principles, including practical principles, depending on the case.
mansor gharibpoor
Abstract
Legal rule-making and the formulation of a comprehensive law require the identification, study and analysis of the basics and upstream sources, and on the other hand, judging is a sovereign matter and oversees social claims between individuals (real and legal) and determining the duties and powers of ...
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Legal rule-making and the formulation of a comprehensive law require the identification, study and analysis of the basics and upstream sources, and on the other hand, judging is a sovereign matter and oversees social claims between individuals (real and legal) and determining the duties and powers of the judge, especially in the application of evidence in the proceedings. In addition to the basic knowledge, it must be the producer of social interests and have a general description, general, clear and, as far as possible, not capable of personal interpretation, etc. has been counted And in these articles, a kind of generalization and lack of clarity can be observed, while Islamic jurisprudence, which is the basis of legal propositions, has recognized the knowledge of the judge through the methods of proving claims with criteria, and on the other hand, the research background of this issue is comprehensive and It does not take into account its legal and legal ambiguities and needs further analysis.Therefore, the main question of the research is: What is the nature, scope, extent and validity criteria of the judge's personal knowledge in the proceedings? And how is it processed in Iran's legal system?Method and materials and research approach: In this article, with analytical-descriptive method and using library and internet resources and scientific software, etc., while drawing a legal approach to the knowledge of the judge and its evidential value, and expressing the shortcomings and gaps. Available in the relevant legal articles, it is analyzed and examined in detail, what it is, the extent and evidences of the jurisprudential validity of the judge's knowledge (as one of the evidences to prove the lawsuit).rudence and law
Najmeh Zakikhani; Abdollah BahmanPouri; Mansor Gharibpoor; Seyyed Mahdi Jokar
Abstract
The use of preventive measures is applied in order to prevent the commission of crimes by law enforcers or other members of the society, which can be considered as a weapon to prevent the occurrence or repetition of crimes. However, due to the possibility of abuse and profiteering from taking these measures, ...
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The use of preventive measures is applied in order to prevent the commission of crimes by law enforcers or other members of the society, which can be considered as a weapon to prevent the occurrence or repetition of crimes. However, due to the possibility of abuse and profiteering from taking these measures, as well as disrupting the correct process of applying the law, it is necessary to define the limits and responsibilities resulting from it; Because considering the lack of transparency and comprehensiveness of the legislator's approach regarding the nature, causes and conditions of preventive measures as well as the resulting responsibility, the ground for disagreements and abuses has been prepared. Considering the two approaches in the issues of warranty and the relationship of attribution, some believe that the warranty is due to the application of preventive measures in an absolute and only document based on the loss. But others consider the responsibility resulting from these typesof actions to be subject to certain conditions. The current research, relying on the foundations of jurisprudence and inspired by legal articles, examines the nature of absolute responsibility in the form of "precautionary guarantee" approach in the field of crimes caused by preventive measures. It is assumed that these types of measures can create guarantees and responsibilities in terms of criteria and can be assigned the title of "responsibility or guarantee".
Hamed Rostami Najafabadi; Abedin Moumeni; Hasan Abdolianpour
Abstract
While living together, humans have property, life and privacy, which do not have the possibility of finding their way in each other's exclusive area, but while creating an exclusive area, they do not need each other, and in order to benefit from each other's exclusive assets, they do transactions. It ...
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While living together, humans have property, life and privacy, which do not have the possibility of finding their way in each other's exclusive area, but while creating an exclusive area, they do not need each other, and in order to benefit from each other's exclusive assets, they do transactions. It is created in the society, where people benefit from each other with a legal system, in such a way that they serve each other through contracts, Iqaa, Abaha, possession of permission in actions, and they use each other in the society. The effect and permission, which removes the sanctity and civil and criminal liability of the authorized person, due to the fact that it is issued in the legal system derived from religion, it should not conflict with the divine decree, because the divine decree precedes the permission of religious people, and if the issuer If the person who accepts the permission contradicts the divine decree, then the permission is formal and not real, and if the authorized person performs an action based on that permission against someone's property, life, or dignity, he is not exempted from the responsibility for that action, even punishment is imposed for his action. and only within the scope of the real permission that is during the Shariah ruling, he will be exempt from any responsibility.
Hossein Moradimoghadam; Rouhallah Khademi
Abstract
Scientometrics deals with the quantitative and qualitative analysis of scientific texts. One of the applications of Scientometrics is drawing a scientific map, which is done with different techniques such as co-word and co-authorship analysis. The current research was carried out to examine the Journal ...
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Scientometrics deals with the quantitative and qualitative analysis of scientific texts. One of the applications of Scientometrics is drawing a scientific map, which is done with different techniques such as co-word and co-authorship analysis. The current research was carried out to examine the Journal of Studies in Islamic Law & Jurisprudence with a scientometrics approach. The research method is of an applied type using the scientometric method with social network analysis techniques. The articles published in the Journal of Studies in Islamic Law & Jurisprudence from the beginning of publication until now (2010-2023) have been analyzed. The data analysis showed that, in total, from 2010 to 2023, 356 articles of this journal were indexed in the ISC database. To draw a thematic map, the co-occurrence technique of words was used. According to the centrality indicators, concepts such as civil responsibility, limit, right, freedom of opinion, apostasy, empowerment, cancellation, and jurisprudence, are among the most used topics in the articles of this journal. Examining the co-authorship network from the articles published in this journal showed that many co-authorship clusters were not formed. Most of the formed clusters have two members and there is only one cluster with 9 authors and two clusters with 3 authors. Examining the degree centrality showed that Mohammad Abu Ata took first place with a degree score of 8, and Mohammad Moloudi and Mehdi Hamzah Hoveyda took second and third places with 7 and 6, respectively. These authors have the highest amount of scientific cooperation with other authors. Examining the betweenness showed that Abu Atta with a betweenness of 18 took the first place, and Zulfaqari and Masjed Sarai were ranked second and third with 15 and 12, respectively. The scientific cooperation network of different universities in the form of co-authorship in the publication of articles in this journal showed that the researchers of Semnan University and Tehran University had the most connections with other universities. The research results also showed a significant relationship between the number of authors and the number of received citations.
Mahdiyeh Ghanizadeh; Mohammad Reza kaykha; Ali Tavallaei
Abstract
Robbery is one of the crimes that the sentence of committing it against ordinary people is clearly mentioned in jurisprudential books, but in relation to conjoined twins as a part of a particular problem, the ruling of this issue has remained silent. However, in the provenance of the verdict, the enforcement ...
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Robbery is one of the crimes that the sentence of committing it against ordinary people is clearly mentioned in jurisprudential books, but in relation to conjoined twins as a part of a particular problem, the ruling of this issue has remained silent. However, in the provenance of the verdict, the enforcement of criminal justice in relation to this type of person depends on their specific circumstances. Considering the existing vacuum, this study was conducted to investigate the effect of conjoined twins on the crime of robbery by descriptive-analytical method. The findings show that the special conditions of conjoined twins can affect both the way of committing the crime and the way of the Hadd is done, so that in some cases, the realization of robbery in relation to them necessitates distinct conditions, and in some cases, the physical conditions of these individuals necessitate Hadd in a different way from normal people.
Zohreh Baghiee; Aliakbar Izadifard; Aliakbar Jahani
Abstract
Today, many mental disorders are spreading, each of which is somehow effective in the state of transactions. Antisocial personality disorder is one of these mental disorders. Among the basic characteristics of people suffering from this disorder are lack of control, unbridled anger, deception, cunning, ...
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Today, many mental disorders are spreading, each of which is somehow effective in the state of transactions. Antisocial personality disorder is one of these mental disorders. Among the basic characteristics of people suffering from this disorder are lack of control, unbridled anger, deception, cunning, lying, failure to adhere to financial and non-financial obligations, using nicknames for profit, fraud and continuous drinking, which has led people to Many people are caught in the trap of these people and suffer financial abuse and heavy losses. What is raised as the basic question in this article is what is the juridical and legal status of the transactions of this group of people? According to the research done and using a library method and a descriptive analytical method, we reached these results that the jurists have put forward different theories about the transaction status of these people, such as hajar, ghabn, gharr and pride. In this article, due to the fact that the transactions of such people are often in the form of deception and losses resulting from it, it causes the warranty of the ghar, although if they do not adhere to their financial obligations, their transactions are fraudulent and in the case of gross fraud, they are void.
Mohammad Hasanzadeh; Morteza Mosleh; Mohsen Faghani
Abstract
Khula divorce is considered one of the types of divorce in the Islamic holy law and the legal system of the Islamic Republic. In this divorce, the wife is not satisfied with the continuation of the marriage due to her disgust and hatred of the husband. Therefore, the realization of divorce is based on ...
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Khula divorce is considered one of the types of divorce in the Islamic holy law and the legal system of the Islamic Republic. In this divorce, the wife is not satisfied with the continuation of the marriage due to her disgust and hatred of the husband. Therefore, the realization of divorce is based on the woman's hatred of her husband. Therefore, in order to realize such a divorce, it is necessary to correctly recognize the nature of hatred. In this research, an attempt is made to define the accurate and correct concept of disgust and enter it into the field of writing. It is found from the book and tradition that in the nature of disgust, non-observance of conjugal rights by the woman is a criterion, and the word disgust is not mentioned in it.A group of advanced jurists have also expressed the same concept without mentioning the word abhorrence. The second group of jurists have limited themselves to expressing the word disgust, and the third group, in addition to expressing the word disgust, have also mentioned the condition of non-compliance with rights. Therefore, it is possible to justify their words by sticking to the evidence and the appearance of the words of the second and third groups of jurists, otherwise their words will not be correct. But the jurists have made disgust their basis, and by explaining their words, it becomes clear that they have taken the literal meaning of disgust. Therefore, from jurisprudential evidence.
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