فهرست مطالب نفیسه متولی زاده نائینی

Today, the countries supporting terrorism have been able to organize and implement their actions wherever they want, using modern technology and equipment. Examining terrorism and jurisprudential titles related to this term, along with their constituent elements, provides the means to compare these criminal behaviors. A comparison that, by identifying the commonalities and differences of these titles, can evaluate the method adopted in dealing with the action of the United States of America in martyring Sardar Soleimani. The questions that the current research is meant to answer are: From a jurisprudential-legal point of view, what criminal title applies to the action of the United States in relation to this crime? What does terrorism have to do with intentional murder? Which method (proceeding in domestic or international courts) is suitable for the legal case of assassination of Martyr Soleimani? The findings of the research show that despite the absence of a legal pillar of the phenomenon of terrorism in the domestic laws, if this behavior leads to intentional murder, it is unimpeded to impose punishment, including retribution, ransom, and general aspects, on the perpetrators by the domestic courts of the capital. which is discussed in this article with the method of descriptive-analytical study.

Cyber attacks against computer systems that provide essential services are subject to Article 739 of the Islamic Penal Code (Article 11 of the Computer Crimes Law). According to the article, the committed is sentenced to only three to ten years of imprisonment; While the occurrence of Cyberattacks against computer systems that provide essential services such as medical services, water, electricity, gas, telecommunications, transportation, etc., endanger security, comfort, and public safety. Therefore, only the legislator's confinement to determine the discretionary punishment and the non-determination of the hudud punishment for it is criticizable. For this purpose, based on a library and descriptive-analytical method, and reviewing the jurisprudential principles and legal conditions of the two hudud titles "Moharebeh" and "Corruption on earth", the present study tries to analyze and evaluate the possibility of extending Article 279 of the Islamic Penal Code (Moharebeh) And Article 286 of the Islamic Penal Code (Corruption on earth) to cyberattacks against computer systems subject to Article 739 of the Islamic Penal Code to determine which of the two hudud mentioned In the Islamic Penal Code, the committed be punished. Finally, this article concludes that immaterial and intangible cyber weapons cannot be extended to what famous jurists and legislators have taken from the word weapon, hence the title "Moharebeh" cannot be extended to cyber attacks, but the title "Corruption on earth" can be extended according to the conditions stipulated in the Islamic Penal Code.

Many films promote certain behaviors which are dissonant with social norms - such as violence - The production and distribution of these films go hand in hand with a lack of supervision on the ground. To improve this situation, movies should be produced to raise the level of awareness of the audience, instead of targeting the audience's feelings, which is the fundamental mission of cinema. As for the heterogeneous criteria, films and programs are divided into different types, which are the reasons and the roots of criminalization from one criterion to another. This study aimed to investigate the principles and foundations of criminalization in conjunction with the spread of violence in the cinema. To this end, the principles and foundations of the criminalization of the distribution of these films have been studied by the descriptive-analytic method. The findings show that, based on the principles and foundations of criminalization of the promotion of violence, two strategies are necessary. The first solution is to revise the frameworks and policies related to the theme of movies so that the production stage of the theme is carefully regulated in the preventive aspects of crime, otherwise, criminal law, such as the second one, regards to according to jurisprudential and fundamental legal principles such as verses, hadiths, the rule of law, the principle of legal patriarchy, the principle of legal ethics and the principle of public interest, it prohibits broadcasting programs promoting violence. Considering these principles and roots, it should be noted that the portrayal of violence in cinema is balanced and reasonably sound, but the continuous and varied depictions of violence on a large scale have irreparable consequences

This study aims to investigate the prevention of crime and political upheaval. In this regard, the main question is whether the occurrence of political crimes in a country indicates the weakness of political and moral norms? Moreover, what are the basic components in preventing these crimes and overcoming them? The research method is descriptive-analytical and based on library resources. It has qualitatively studied the theoretical, applied axes about the prevention of political crime based on the Political Crime Law approved in 2016 and has applied the common theories in deviation and deviation. Where appropriate, field statistics of a variable have been tested to test the hypotheses of a variable. The results showed that the quantity and quality of political crimes in each country indicate the distance between the requirements of the value system in the socio-political field and the reality among the social masses. According to the definition of political matter and political crime in any country, political criminals can be categorized based on which a preventive approach can be taken. The purpose of preventing political crime is first to establish morality and normativeness in the socio-political sphere and, secondly, to prevent the transformation of political crimes into political upheaval (including security crimes, deprivation of liberty, and similar public crimes). Due to the attachment of the spiritual and material elements of the political crime to socio-political factors and positive concerns, the strategy for preventing these crimes should be sought more in social factors, value and anti-value systems, contexts of deviation, etc. and studied in the case of individual biological and psychological factors (which are more common in general crimes) is of little use in this category.

The main pathology in the field of methodology of jurisprudential and legislative ijtihad is that the keywords of methodology, group ijtihad, religious sociability, legislative requirements, and the face of social thinking that are presented in this writing suffer from the following harms: they are either left unsaid or do not cover all dimensions and need to be completed, or their semantic relations are not systematic or the rule of adherence to the object is adherence to its accessories and  have no quorum in explaining the keywords. This writing, by dividing methodology into basic methodology and applied methodology, emphasizes that with a new approach to religious sociability and a new explanation of the anthropological and sociological foundations of ijtihad and legislation, social thinking is freed from the monopoly of matter and precise results and is also decorated on the face. One of the fruits of social thinking face is that the requirements of legislation are adorned with new requirements, and group ijtihad achieves new dynamism and richness with real actualization. With this systematic revival, the legislative process becomes a process in accordance with the requirements, and the resulting law becomes destitute from structural and substantive discrepancies. Maintaining and strengthening the position of the Legislature Power and the Guardian Council as part of the legislature depends on the above approach to ijtihad.

Determining a just punishment requires taking into account all the factors that affect the will of the offender. One of these factors may be acute malaise, as it is likely to cause willpower to falter and lead the patient to commit a crime. In the present article, which has been compiled in a descriptive-analytical method, by examining the luminous verses of the Qur'an, it is concluded that God has not only legislated the amount of punishment, but in many cases, according to rational criteria, the quantity and quality of punishment in general. Has been done to determine the appropriate punishment according to the circumstances, circumstances and circumstances of the perpetrators at different times. Therefore, it can be said that paying attention to the temperament of criminals in determining and executing punishment has a great effect on the approach of Islamic society to criminal justice and the return of criminals to their true nature.

The testimony of witnesses in courts is among the evidence in penal and civil law. In order to rely on the results of testimony, strict conditions have been prescribed for witness which, according to the famous opinion of Shiite jurists are maturity, wisdom, Islam and legitimacy of birth, justice and the absence of accusation. Although the state of not being accused in witness has been considered as a feature whose absence confronts the witness with the rejection of his testimony, careful examination of the Islamic jurists' words and expressions in this regard shows that the accusation of witness and the probability of perjury in favor of one of the parties are not considered as an obstacle to testimony ; since, if his justice is accepted, this probability is weak or unimaginable; instead, the obstacle is that the witness is a beneficiary. Therefore, the opinion of those jurists who have used the condition that the wintess is not a beneficiary instead of the absence of accusation has been preferred.

Through amending the Islamic Penal Code in 2013, article 234 of the Islamic Penal Code has been amended in relation to the punishment of the sodomy (which the Islamic Penal Code of 1370 punished his absolute death sentence). In the current law, the slaughter of the subject is conditional upon the condition of the guardian, the Onf or the non-applicable subject, and otherwise the penalty is considered to be one hundred whistleblowers. This great change in punishment has led us to look at the legal foundations of this article, in line with the provisions of the general rule of law, and the view that changing the punishment of this crime from severe to mild punishment would be a huge loss for society. Concerning the punishment of sodomy agents, we encounter two theories among the jurisprudents: the famous jurists believe that the punishment for sodomy in the case of anonymity and murder; in contrast to the unusual theory of jurisprudence that punish sodomy in the form of scapegoat, murder or furious, and if you do not know, he knows the creeps. In the article, which is based on the analytical method and using the library resources, criticizing the legislator regarding the disproportion between the sodomy punishment and the definition of sodomy, has examined the opinions expressed in jurisprudence and documented their validity. We believe that the punishment for murder for the subject is more consistent with the narrative and jurisprudential accuracy.

Drug trade has been threatening the human society for many years and the legislators of different countries are in search of the ways for prevention of drug trade and fight with drug traffickers. The legislature of the Islamic Republic of Iran has encountered that criminal matter by adopting an aggressive strategy and passing heavy penalties. One of the punishments enacted for such crimes is death penalty. There are some questions regarding the issue that comes to mind, like: is prescribing a heavy punishment like death penalty for drug crimes in conformity with Islamic jurisprudence? What are its jurisprudential bases? Is such enactment judicially justifiable? The writers analyze this way of legislating criminal law against the narcotic drug in this paper by exploring its legal-judicial grounds and intend to prove that drug trade is of the crimes that entail discretionary punishment. Imposing death sentence as it is pronounced by drug law has no strong jurisprudential support and needs some amendment.

In criminology as a science which investigates the factors and processes of the criminal act and determines the best strategies to overcome or mitigate these social damages with knowing these factors and processes, different theories with different approaches have been expressed about the causes of the crimes. SUTHERLAND'S Theory of Differential Association is the most famous theory among the all theories of the learning in the problems of criminology. This writing tries to study the idea of Differential Association with a look to the verses of the noble Quran and Aḥādīth. with relying on the attitudes about the holy Quran and Aḥādīth, It is going to investigate if it is possible to present a social theoretical model about the effects of associates which make a person commit crimes. In reality, the aim is the feasibility of the criminal behaviors according to the Islamic teachings.

Labeling theory is one of the most famous theories in criminology domain. The pivots of this theory consist of the role of power owners in definition of crime and determination of offender, effects of labeling and solutions for prevention of entering label. With study the pivots of labeling theory in Islamic sources, we observe that however there is no similarity between religious bases and bases of labeling theory, but entering label as a result of entering person to penal system is considered in Islamic trainings and solutions are anticipated in order to prevent entering label that among them we can point to ignorance of crime, forgiveness, repentance and intermediation.

Juvenile delinquency is one of the most complicated social problems that is very considerable at present time and with the same relation of increasing the commission of crimes by juveniles, the researchers and experts efforts in this matter, with the aim of finding resolutions, are increased. Knowledge about causing factors of juvenile deviation and taking proper general and social preventive measures in the society and for its vulnerable groups and persons that are in danger of delinquency, have direct and indisputable effect on deduction of the crimes of these groups. Early (developmental) prevention, with the meaning of intervention in different periods of growth of juvenile offenders or those targeting risk factors in order to prevent the development of criminal potential in future, contains the actions related to special group of juveniles and the places that they are socialized (family, school and the groups of the same age) and its aim is removal or improvement of risk factors and making protective factors that reinforce the resistance of person against acceptance and take a vocation of criminal behaviours in future and different countries in order to receive this goal, anticipate and execute different programs that many of them have an important role in reduction and prevention of delinquency of these groups.