Sirous Afzali; Abbas Zeraat; Mohsen Shekarchizade
Abstract
Nowadays, using the victim-offender participation model in the judicial process has become a common solution in the criminal policy of countries Which is much broader than the traditional view of them in the system of crime evidence. In other words, the correct intervention and participation of the parties ...
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Nowadays, using the victim-offender participation model in the judicial process has become a common solution in the criminal policy of countries Which is much broader than the traditional view of them in the system of crime evidence. In other words, the correct intervention and participation of the parties to the crime in the criminal proceedings process by completing the probative phase and focusing on the evidence phase in order to fulfill the aspirations of the criminal justice system emphasizes the beneficial effects and results of the trial in society. This model is considered as one of the important components of the relationship between the legislative and judicial criminal policy of countries, regarding the extent of interference of victim- offender with the participation of the people in the criminal proceedings. Iran's Code of Criminal Procedure has shown its willingness to use this model by anticipating the provisions on mediation. The participation of the parties in the trial is not only accepted by the Islamic system, but it has also been highly emphasized. This descriptive-analytical article seeks to explain the pattern of mediation in victim-crime participatory litigation by emphasizing the position of this form of litigation in Iranian criminal law and the Islamic legal system. The results of this study show that there is a semantic difference between the patterns set in common criminal policy and what is called mediation in domestic laws and regulations. However, their principles and basis are the same in the legal system and customary regulations. Failure to pay attention to these principles has led many to mistakenly consider mediation in criminal procedure as a manifestation of restorative litigation in Iran.
Mohammadali Elahi; Mohamadali Heidari; Mohsen Shekarchi zadeh
Abstract
Islam ,in base on its attention to the inherent needs of human, has accepted proper rules for their and has set up the ways in this regard. According to Islam, marriage is the only way to modify the sexual instinct. Prohibited sexual behaviors are mentioned to as "sexual crimes." The criminal policy ...
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Islam ,in base on its attention to the inherent needs of human, has accepted proper rules for their and has set up the ways in this regard. According to Islam, marriage is the only way to modify the sexual instinct. Prohibited sexual behaviors are mentioned to as "sexual crimes." The criminal policy of Islam about sexual instinct is a moderate and realistic policy. While Islam has accepted sexual instinct as an important and vital issue in duration of life, it has proposed criminal and non-criminal measures as preventive solutions. Islam seeks to consolidate the soul of individuals, to create an internal control force in individuals in order to keep people away from the deviations of the sexual instinct. Next, it regulates rules to reduce the attractions and make it harder for sex offenders to commit. Finally it propose the punishments. Based on the findings of this research, by descriptive-analytical method, having chastity, self-control, having hijab, modesty, the principle of fear And hope,…etc. are among the non-criminal (social prevention) policies of Islamic jurisprudence against sexual crimes.
Hamed Khubyari; Pooria Razi
Abstract
Studying the sentences of jurists and legal experts concerning the definition of contract and enumeration of its effects, one can reach the conclusion that in their view, reliance upon the intention of construction and creation of a change in the world of mind are two inseparable features of contract. ...
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Studying the sentences of jurists and legal experts concerning the definition of contract and enumeration of its effects, one can reach the conclusion that in their view, reliance upon the intention of construction and creation of a change in the world of mind are two inseparable features of contract. This approach has caused the term “contract” to be merely used in the course of time in its true meaning and the void contract to be identified with a contract that has not been sealed. Nevertheless, it seems that although both abovementioned states are the same in failure of creation of an effect, void contract is a real phenomenon that in some cases can create effect. The practical outcome of this claim is clear in such cases as the option of contract invalid in part, right of termination as a result of the nullification of the condition, even the principle of reduction of single contract into several contracts. Having assayed the ideas of the jurists and the Iranian laws, authors of current essay believe that the term “contract” is coined to refer to both correct and void contracts and thus, contract is considered to be a source of division and not a mentally posited entity that is taken as a real phenomenon.
Roohollah Dehghani; Mahdi Sheidaeian arani; Seyed mahmoud Mirkhalili; Shahrdad Darabi
Abstract
The role of enjoining the good and forbidding the evil in preventing crimes related to social networks Fundamentals, resources, opportunities and challenges Abstract Social crime prevention is more fundamental than situational prevention, but the high cost and late achievement of the result have made ...
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The role of enjoining the good and forbidding the evil in preventing crimes related to social networks Fundamentals, resources, opportunities and challenges Abstract Social crime prevention is more fundamental than situational prevention, but the high cost and late achievement of the result have made criminal policymakers less likely to pursue social prevention strategies. However, in different cultures, strategies can be adopted for this type of prevention that are welcomed by the public to reduce the scope of crime to a large extent with public participation. One of the methods is enjoining what is good and forbidding what is evil, which has been approved as a religious duty by the holy shari'a and the constitution of the Islamic Republic of Iran, but it has still been neglected. . This article seeks to show how enjoining the good and forbidding the evil can, as an example of social prevention, eliminate the context of crimes, especially crimes related to social networks. Enjoining the good and forbidding the evil is not only a religious solution and a religious duty, but also has rational and logical foundations, and therefore in non-religious countries, it has been welcomed by policymakers under the title of public oversight. Accordingly, in addition to religious principles and sources, we have also explored rational and legal principles and sources. Of course, the implementation of this duty faces many obstacles and challenges. created by forming parties and non-governmental organizations and strengthening and supporting them, and this tool should not be used politically or factionally, and those who perform this duty should not be held accountable. Also, the conditions and levels of enjoining the good and forbidding the evil must be carefully observed and it must not be exploited as a tool, otherwise it will lead to the opposite result. .
Mohammadreza Rezvantalab; Tayebe sadat Mosavi Jordi
Abstract
intercourse One of the effects of marriage is the permission of the intercourse. The certainty of this permission is conventional intercourse But does anus intercourse includes it? Absolute permission and prohibition and permission, subject to satisfaction of the wife, are three statement ...
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intercourse One of the effects of marriage is the permission of the intercourse. The certainty of this permission is conventional intercourse But does anus intercourse includes it? Absolute permission and prohibition and permission, subject to satisfaction of the wife, are three statement that have been argued narrations to each of them. The resemblance between the narrations indicating permission and the narrations indicating conditional permission have persuaded some that these two are one narration. Relying on evidences, the possibility of the plurality of Ibn Abi Ya'fur's narrations is invigorated andThe issue is related to absolute and restrictive discussion. But since the condition of female satisfaction is considered in all unconventional pleasures And the narrator's question is based on the anus intercourse, Therefore, absolute narrations are not in a The position of expression the consent of women. Therefore, the restricted narration of Ibn Abi Ya'fur remains without opposite reason And the permission for this act is limited to the consent of the wife. Therefore, unconventional intercourse with the consent of the wife is abhorrent ( makrooh) and without her consent is illegal (haram) .
Hamid Sotoudeh; abdoreza farhadian
Abstract
One of the new issues in the field of medical fertility is the use of molecular biotechnology in the correction of genetic diseases by artificial insemination of two different eggs in which the defective egg nucleus is isolated and implanted in the cytoplasm of an egg taken from another woman. It is ...
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One of the new issues in the field of medical fertility is the use of molecular biotechnology in the correction of genetic diseases by artificial insemination of two different eggs in which the defective egg nucleus is isolated and implanted in the cytoplasm of an egg taken from another woman. It is then inoculated with male sperm. In this research, which is done by inferential method, the reasons that may be presented to prove the sanctity and prohibition of genetic interventions are reviewed and then by determining the reference principle and explaining the reasons for the legitimacy of treatment, explaining the jurisprudential criteria and rules of grammar. Genetics deals with the repair of eggs in the process of human reproduction, and it becomes clear that, according to the first principle, genetic modification is not in itself an obstacle if it is intended to correct physical defects or cure disease. And any genetic engineering or operation that poses a risk of possible birth defects or defective changes in human existence will not be permissible.
Ebrahim Naser Shadbad; Parvin Akbarineh; Hasan Pashazadeh; Reza Ranjbar alvar olia
Abstract
Aleatory contract is among contracts that are characterized by social transformations with many practical and practical implications such as different types of insurance contracts, pre-sales contracts of artifacts (Contract for Production), contracts of floating exchange (price), etc. Despite examples ...
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Aleatory contract is among contracts that are characterized by social transformations with many practical and practical implications such as different types of insurance contracts, pre-sales contracts of artifacts (Contract for Production), contracts of floating exchange (price), etc. Despite examples of these contracts in regulations, legislators have no statutory provisions about them. Therefore, the nature, rules, and effects of these contracts are ambiguous in Iranian law. The lack of proper definition about these contracts in rules has led to controversy over the contract definition and nature. Some lawyers have not considered an independent nature for these contracts and called them suspension contract, marriage contract, chance contract, and so. The issue makes problems for recognition of aleatory contracts nature, their terms and effects as well as it adds to existing doubts. Thus, comparing aleatory contracts and related contracts determines that the contract has independent nature and specific rules and regulations.
Ali Agha Salehi; Khosro Momeni; Mojtaba Jafari; Alireza Saberian
Abstract
The Takfir thought has been able to reestablish itself many times through the use of two major Islamic sources ,the Quran and the Sunnah ,as well as citing some differences of jurists throughout history and imposed a great deal of damage on corpus of Islamic society . So it was appropriate to explain ...
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The Takfir thought has been able to reestablish itself many times through the use of two major Islamic sources ,the Quran and the Sunnah ,as well as citing some differences of jurists throughout history and imposed a great deal of damage on corpus of Islamic society . So it was appropriate to explain its intellectual foundations and exposed to public opinion .this research examined the historical background of Takfir thought and evaluated its major jurisprudential foundations from religious texts (more in Sunnah) as well as the objective debris of this stream of thought and proved that none of its jurisprudential auxiliaries were capable of proving the religious legitimacy of this process and its consequences.
Seyed Mohammad Sadri
Abstract
Ijtihad has no meaning in the real sense of the presence of the Prophet of Islam and the first movements of ijtihadi have necessitated a short while after the accessibility to the source of revelation. When the caliphate's turn came to the second caliph, the storm of the Islamic conquests of the east ...
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Ijtihad has no meaning in the real sense of the presence of the Prophet of Islam and the first movements of ijtihadi have necessitated a short while after the accessibility to the source of revelation. When the caliphate's turn came to the second caliph, the storm of the Islamic conquests of the east and west of the world quickly swept through that era, and it was not until the Islamic revolution spread across the width of the two empires of the Eastern Roman Empire and the Sassanid Empire. Major political developments from Islamic conquests over a short period of time could have been the source of great changes in jurisprudential knowledge and the principle of political rule was established, but the caliph restored all of the public and political institutions of the newly created lands to its previous structure and allowed this jurisprudence to enter into legal areas Did not give a public rights. The second caliph according to his personal morals, went on to worship Ejtehadat. The letter of the second Caliph to the Shori'ah Ghazi is considered as the first charter of ijtihad and the giving of a fatwa, in this charter Ijtihad is considered very difficult and only a choice for necessities. The process of issuing fatwas and ijtihad during the caliphate of Usman continued in the same way. At the same time, a group of Companions who were known as the jurisprudents, were ijtihad.
sajjad asgariarani; Gholam Hossein Masoud; Mohsen shekarchizadeh
Abstract
One of the most important issues of today’s society is usury since the last years. Although it is denied in the religious emphases, it is unfortunately increasing in our present society, so recognizing the criminal policy is important to control it. The issue of usury is a subject blamed by the ...
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One of the most important issues of today’s society is usury since the last years. Although it is denied in the religious emphases, it is unfortunately increasing in our present society, so recognizing the criminal policy is important to control it. The issue of usury is a subject blamed by the religious doctrines and since the Muslim countries such as Egypt is trying to enforce the religious affairs so as Iran does, recognizing their criminal policy about usury and comparing it with the criminal policy of Iran can be an effective step for the realization of the Islamic economy. So, it is tried to examine the guilt of usury in Iran and Egypt’s criminal policies in this article by an analytical method to recognize the suitable criminal policies for encountering the guilt of usury. In Iran, it seems that the answer to government usury is a general deviation, and in Egypt, in special circumstances and without jurisprudence, the answer is government, and in other cases the answers are comprehensive.
Mohamad Alizamani sardarabadi; Hamid Masjedsaraie; mahdi zolfaghari
Abstract
one of the financial obligations in Islam, which is legislated by the philosophy of poverty alleviation from society and is considered as one of the financial resources of the Islamic government, is Zakat. According to the text of the Qur'an, "poor" along with mentioning "poor" is one of those entitled ...
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one of the financial obligations in Islam, which is legislated by the philosophy of poverty alleviation from society and is considered as one of the financial resources of the Islamic government, is Zakat. According to the text of the Qur'an, "poor" along with mentioning "poor" is one of those entitled to receive zakat, but differences in the meaning and nature of the poor and the poor, the criterion of poverty and wealth, and the amount of zakat paid to the poor are among the ambiguities that need to be explained. The research findings indicate that conceptually, the poor have a weaker financial situation than the poor, and the criterion for achieving poverty and wealth is custom; In addition, the payment of zakat in the amount of satisfying the normal needs and needs of the recipient of zakat is a suitable amount and criterion for the amount of zakat payment to the poor.
Mahdiyeh Ghanizadeh; Mohammad Reza Kaykha
Abstract
According to Article 72 of the Constitution, the contradiction of the laws of the Islamic Republic of Iran with the principles and rules ofthe official religion of the country has been denied and the jurists of the Guardian Council are also obliged to protect this important issue. From this point of ...
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According to Article 72 of the Constitution, the contradiction of the laws of the Islamic Republic of Iran with the principles and rules ofthe official religion of the country has been denied and the jurists of the Guardian Council are also obliged to protect this important issue. From this point of view, considering the disputes that can be seen in the jurisprudential documents of Article 250 of the Civil Code, its study has a special necessity. According to the mentioned article, the condition for the effect of permission in a usurious contract is that it is not prior to rejection. However, the documents of this promise, which is in fact the famous jurisprudential promise in this discussion, including consensus, the decline of the title of the contract, the rule of domination and the principle of istihaab, are disputed and discussed. On the other hand, the Sahih of Muhammad ibn Qays is a compelling reason for another saying, that is, the effect of prior permission to reject; Therefore, according to the studies conducted in this issue, it seems that it will be necessary to amend and revise the mentioned article.
Masoud Farzad; Mohammad Abouata; Hossein Sadat Hosseini; mahdi zolfaghari
Abstract
There is not a unique opinion in slamic jurisprudence on the basis of requirement of wife’s alimony against her husband. Majority believes that obedience is the cause which obligate the husband to pay alimony. But Civil Act apparently does not consider obedience as a condition of wife’s entitlement ...
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There is not a unique opinion in slamic jurisprudence on the basis of requirement of wife’s alimony against her husband. Majority believes that obedience is the cause which obligate the husband to pay alimony. But Civil Act apparently does not consider obedience as a condition of wife’s entitlement but recognizes her disobedience as an obstacle to her entitlement because according to section 1102 of civil Act, upon concluding marriage contract, the rights and obligations of couple come to existence and one of these obligations is the debt of husband to pay alimony although under section 1108 of the Act, disobedience by wife removes the husband’s debt. On this basis what requires the payment of alimony to wife is the conclusion of marriage and hence so long as the contract exists, the wife is entitled to this right and even she may claims for her future alimony. It seems that notwithstanding disagreements, this subject is justifiable also from the viewpoint of civil procedure regulations.
Tahereh Farmanesh; Alia;bar Izadifard; Aliakbar Jahani
Abstract
Judge independence guarantees fair hearing. Famous jurisprudents consider withdrawal of judgment for Mojtahed and consider his sentence to be effective. But according to note 3 of the Civil Procidure code: "If the judge is a mujtahid and consider the law unlawfull, the case will be referred to another ...
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Judge independence guarantees fair hearing. Famous jurisprudents consider withdrawal of judgment for Mojtahed and consider his sentence to be effective. But according to note 3 of the Civil Procidure code: "If the judge is a mujtahid and consider the law unlawfull, the case will be referred to another branch for consideration", and it seems that Judge Mojtahed's scientific and practical independence has been challenged. The authors argue that preventing Judge Mojtahed from ruling without contravening the principles of judgment contradicts the independence of the judge, contrary to the law. The perverse implications of this are the isolation of ijtihad in the judicial process and, the excessive presentation of the virtues and dignity of Mojtahed. Therefore, by meditating on the narrative and rational documentation, the legislative approach in the note, as the only way out of the challenge, rejects the issue of referring the matter to the Guardian Council or the Jurisprudential Council or the Fatwa of the Supreme Leader, as a competent reference for recognizing conformity or noncompliance. Laws are recommended by law.
Mohammad Hossein Mokhtari; Hamed Rostami Najafabadi; Yahya Jahangiri Sohrewardi
Abstract
From challenging and controversial issues, the issue is the age of people in the enjoyment of social and political rights, as well as criminal liability, with no single procedure in this regard. In terms of maturity and the age of criminal responsibility, the two terms are different, yet related. In ...
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From challenging and controversial issues, the issue is the age of people in the enjoyment of social and political rights, as well as criminal liability, with no single procedure in this regard. In terms of maturity and the age of criminal responsibility, the two terms are different, yet related. In Article 91 Alongside growth, the courage of intellectuals under the age of 18 has been voiced in the context of the criminal responsibility of adolescents, which implies a dramatic development in juvenile criminal responsibility, which in terms of recognition of the growth and perfection of criminals under the age of 18 years of jurisprudential basis has it. Therefore, the present research seeks to answer the question of how well the growth and perfection are and what is the basis? Which initially explains the concept of growth and perfection, and it is proved that growth is not exclusively dedicated to a specific civilian concept and can be generalized to non-financial issues, including criminal affairs, since through the former or at least the unity of the criterion and the spatial , Growth is also conditional on criminal responsibility, and age is 18 years old for growth, and the growth of a person must be established for criminal responsibility; for this claim, while explaining the meanings, the narrations and precedence analogy are cited in the issue of growth and perfection.
Ruhollah Moradi; Hasan Badini; Abbas Karimi; Teyeb Afsharnia
Abstract
A kind of contractual damages is contractual pure economic loss or death of contractual interests. In the law of vestern countries, regarding to principl full compensation damags and because creating of expectory interst and reliance interst promisee, recovable of pure economic loss is admitted. But ...
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A kind of contractual damages is contractual pure economic loss or death of contractual interests. In the law of vestern countries, regarding to principl full compensation damags and because creating of expectory interst and reliance interst promisee, recovable of pure economic loss is admitted. But inverse, Legislator of IRAn in Waver of 522 Article of civil procedur law is not adimited capability of pur economic loss. Regarding to term of this article can said that death of contractual interests is inclusive this rule and is not recovable; But because ressitance of this rule to international commercial custem and usage, in thia article is try similar to usage in the vestern countries and international codes is explain necessity of revocable and display councurrent interpretation of 522 Article of civil procedur law; Because According to opinion of author, this kind of damages is related to violated undertaker and is related to her act and therefor ther are elementa of responsibility in the cases and is recovable.
Jamshid Mehrasa; Alireza Hasani; Mohammad Rovhani Moghadam
Abstract
The cadaster, which is referred to in the Iranian legal system as "Hadnagar", is a type of registration mapping that has legal value and determines the status of the country's property. Cadaster is a new concept in property registration, ie electronic property registration. Despite the importance and ...
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The cadaster, which is referred to in the Iranian legal system as "Hadnagar", is a type of registration mapping that has legal value and determines the status of the country's property. Cadaster is a new concept in property registration, ie electronic property registration. Despite the importance and position of this institution in the new registration law, in the legal system of Iran and Australia, some issues related to it, especially in the country, have been neglected. Although Iran's registration system is a coherent system and has the ability to create legal security, it is not compatible with the needs and interests of society, so it needs reforms to improve its efficiency so that in addition to securing the interests of owners, block possible abuses and To many disagreements about the registration regulations that result from not paying attention to the type of registration system in Iran. From a legal point of view, the cadastre seeks to identify four basic characteristics regarding real estate. These characteristics are: the owner of the property, the method and means of transferring ownership of the property, the geographical location and the four boundaries of the property based on the main and sub-registration numbers and the quantity and size of the property. By identifying these cases and recording them in single-page cadastral documents, it will be a great help to validate official documents and guarantee and facilitate transactions. Establishment of cadastral system in the country is very important today because this system plays a role in the position and validity of official documents and on the other hand provides security of tenure and ownership of real estate, facilitates investment and guarantee of real estate transactions, effective and transparent property valuation Guarantees and ultimately promotes the consolidation of official property and transactions and the elimination of statutory and ordinary transactions. The present study uses a descriptive-analytical approach to the cadastral position in the accreditation of official documents and the guarantee and facilitation of real estate of transactions, and has a significant effect on reducing claims related to this field.
Hamzeh Nazarpour; Taher Alimohammadi
Abstract
In addition to the well-known and explicit jurisprudential rules in the books of jurists, there are some general contents in verses, hadiths and jurisprudential fatwas from which new jurisprudential rules can be identified and applied. Among those cases is a jurisprudential rule entitled "Anything that ...
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In addition to the well-known and explicit jurisprudential rules in the books of jurists, there are some general contents in verses, hadiths and jurisprudential fatwas from which new jurisprudential rules can be identified and applied. Among those cases is a jurisprudential rule entitled "Anything that hurts parents is forbidden" which, with the support of the verse "Tafif", can be considered as a general rule in the process of inference. Considering the necessity of organizing family relations and rulings, especially the correlation between children and parents based on jurisprudence, it seemed necessary to institute and prove such rules. this descriptive-analytical study has examined the sentence of harassment of parents from the perspective of jurists, research in issue, Its semantic scope, narrative and logical documents of this rule, Its conflict with other rules, It was concluded that this issue can be used as a general rule and the process of inferring the jurisprudential and related legal rulings.
Alireza Noroozi; Mohammad Hassn Haeri; Ghabooli Dorafshan
Abstract
scholars and jurists, mainly by challenging between facts and credentials. They have disputed the jurisprudents' rational argumentations as put forward in their works. By induction in this regard, we achieve three important views: general prohibition of the use of rational rules in jurisprudential ...
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scholars and jurists, mainly by challenging between facts and credentials. They have disputed the jurisprudents' rational argumentations as put forward in their works. By induction in this regard, we achieve three important views: general prohibition of the use of rational rules in jurisprudential inference, non-prohibition of quoting rational rules in jurisprudential citation, permissibility of citing to rational rules, and promising in detail among the rules of reason.
Adopting a basis for this issue depends on the analysis of two minor and major debates; the minor discussion is that whether the Osuli and jurisprudential propositions are factual or credential. Assuming on its credential nature, it is argued that if the major issue regarding the citation of rational principles in credential discussion is true or not.
In this paper, with the aim of focusing on the position of rational rules in jurisprudential inference, the authors support the rationalist principles and by analyzing the principles and arguments in both minor and major debates have focused on the problem of facts and credentials confusion to prove this assumption that in order to deduce the rules of jurisprudence, based on the real support that religious laws and credentials have, we can use the rules of real and rational sciences, and in this regard, we will express a new detailed theory and standard to cite the rules of reason in deriving religious rules.
Hosein Houshmand Firoozabadi; Samerh Sheikhzadeh
Abstract
when a one has caused damage, (he or she) has a civil liability. According to the rule of wasting, which is manifested in Art 328 of the Civil Code, the creator of loss must have the intention of a definitive act Whether he has intended the result or not. The main question is whether a one who does not ...
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when a one has caused damage, (he or she) has a civil liability. According to the rule of wasting, which is manifested in Art 328 of the Civil Code, the creator of loss must have the intention of a definitive act Whether he has intended the result or not. The main question is whether a one who does not intend to act, such as an infant or a sleepy person, or a person who has vibration of hands vibration has caused financial or physical damages without any intention, is also a guarantor or not?
This article rejects the theory of attribution of losses to the creator of losses. And separates the relation of customary causality from philosophical causation. And by demonstration the impossibility of attribution the damage to the person who does not intend to act - whether in financial or physical losses - he will be exempt from civil liability. But the guarantee, which is a positive rule, according to narrations such as "the blood of the Muslim does not waste", if there is a cause, the cause is responsible and if there is no cause, on the base of distributive justice and social participation the treasury has responsibility .
