نشریه فقه و حقوق خانواده
پیاپی 25 (بهار 1381)

In accordance with the doctrines of la zarar and tasbib(i.e. there shall be no unfair loss nor the causing of such loss) of the Islamic jurisprudence, every person is respensible for redressing detriment caused to anoter person by their action.This principle of the Islamic jurisprudence has been passed as a law by the legal systems of the world. In accordance with the above- mentioned doctrine, even judges are obliged to redress,without exception, any detriment caused by mistakes in their judgement.Paragraph 171 of the law of the Islamic Republic of Iran takes into consideration the obligation to redress detriment caused by mistakes in courts.In 1370/1991 the vigilant lawmakers put the paragraph 171, in harmony with clause 51, in the Islamic criminal law which consequently is in effect.In accordance with clause 51, which is almost exactly the same as paragraph 171 of the constitutional law of the Islamic Republic of Iran) a judge who in issueing or applying a judgment for a specific case, on purpose or unintentionally makes a mistake and causes material or non - material detriment to someone is responsible for a redress.If material detriment is caused by a judge’s unintentional mistake, it will be redressed by the government. On the other hand, in case non - material detriment, caused by mistake or on purpose, causes a person’s defamation, it is mandatory for the person who caused it to take measures to restore it.

Knowledge means a person’s cognizance and awareness of the essence of realities and phenomena in the environment. Similarly a judge’s cognizance and awareness of realities and common affairs are the basis of ligitation that enable him to make judgments. Owing to the fact that lawmakers define the grounds for the justification of judgements, the article surveys whether a judge’s cognizance is an important factor in his judgment. The principles of legal procedure in the civil law has changed considerably. Since passing the law on the principles for legal decisions on 18 Aban, 1290 A.H. 9 November, 1911 A.D judges were at one time strictly forbidden to undertake investigations.Now they are allowed to undertake any kind of investigation in the purpose of finding out about the realities behind crimes.Despite this the alteration has not at all been to the effect that judgments in civil cases would become similar to those in criminal cases. In criminal cases where the so – called principle of the satisfaction of conscience is applicable, the value and validity of the reasons for the justification of judgements depend on the judge’s full cognizance.Thus, in criminal cases judges not only have the right to undertake any kind of investigation with the purpose to find out about the realities, but also are dutibound to do so. Here the validity of a judge’s cognizance is unconditionally respected.

Not paying attention to the principles of the sound code of behavior in establishing social relations and enacting legal acts are some of the fundamental distinctive features of the modern era.Analyzing the causes and effects of legal, behavioral and social problems, it is quite appropriate that modesty as a value, a human characteristic and a covert factor in the construction of a person’s inward and outward features, is put to the test of reason.The purpose of this article is to study and elaborate on the effect of modesty on the psychical health of an individual, a family, and a society. First, as an individual’s legal needs originate from his/her viewpoints reached through thinking, the role of modesty in making laws and defining rights is studied. Then, its applicability in social rights in view of the Holy Quran is pointed out, and the role of the majority’s intentions in the fate of a society is surveyed.Finally, the harmony of the divine and non-divine legal systems, and the role of the principles of the sound code of behavior in enacting social and legal acts are other issues surveyed.

Family courts have been established in accordance with clause 3 of the paragraph 21 of the constitutional law of the Islamic Republic of Iran. Moreover, the courts work in accordance with the law passed by the Parliament on Mehr 19, 1376 / October 11, 1997 with the aim of preserving family respect and foundation. This takes place among other things by way of gvardian ship and costody of fatherless children and their mothers, giving the fatherless child to their deserving mothers, solving family and marital conflicts, offering consultation with women lawyers, and arbitration for couples in conflict. In these ways the courts prevent family from dissolution.There are family courts in all cities in proportion to the population there. They specifically hear the cases defined by the law, because public courts do not have the right to take them up. Each family court comprises of a judge, married and well experienced, and one or two women consultants on legal matters. The Supreme Court keep supervise the law being duly practiced in the family courts. By either confirming or turning down the vote it has brought about then enact a new decree, public a good court routine, which has to be executed by family and is similarly a law for both family and common courts to subject to.

Even though the so-called House of Justice (dadsara) is an establishment separate from law courts, it works side by side with them in their duties to administer law. In accordance with, clause 52 of the law, on the principles for the system of justice, it supervise in criminal cases, the duty of the house of justice is top prosecute procedures cosecote the criminals by investigating and announcing their crimes.Similarly, the House of Justice represents common people in the process of hearing their cases, which in its turn is the duty of the courts of law.When the court first hear a case, passes its Jodgment to it and then it is returned to the House of Justice for the execution of the Before passing the law on the establishment of common and revolutionary courts in 1373/1994 the system of the hose of Justice predominateing the criminal law.The 1373/1994 law, which in fact was opposed by judges and legislators transferred all the power and duties of the house of Justice to the judge issueing judgment in each case. Also with the aim of shortening the proceeding of a lawsuit, They were given the avthority to have direct access to the accuser and the accused, and by removing the red taps and obstacle on the way of smooth process of the system. Thus, the above – mentioned law was put to the test of practical applicability.However the problems caused by the dissolution of the House of Justice convinced the authorities of the need to be withdraw the law after having affiermed its inefficiency.

Radioactive Particles are types of the substances that pollute people’s living environment. Due to the increasing use of the nuclear power in the production of energy, a lot more attention is paid to it today. The pollution may partly originate from the use of noclear peaceful elements, such as the storage of nuclear waste, and nuclear power plants, and partly as a result of atomic warf are the use of nuclear bombs, and noclear tests.In accordance with general principles and signed, it is agreements it is forbidden to put environment to unnecessary or avoidable danger, either directly or indirectly. Almost all countries of the world became members of the four conventions of Geneva of 1949, and in the paragraphs 35, 53 and 147 of the fourth convention they support the protection of the environment.The direct and lingering effects of the use of nuclear weapons, such as genetic impairment is the violation of humanitarian principle of international law. The plan approved by the International law’s commission in1975, vearding the liability of world govrments, cousiders the international law of 1976 on liability considers the world governments internationally responsible for the pollution of the air and seas in a large scale.In response to the request by the General Assembly and the World Health Organization, the International Law Court expressed its view regarding the legality of the use of nuclear weapons as follows: ‘threatening with or using nuclear weapons is in general against the international laws and is not permitted to be used in armed conflicts. When countries necessarily and legitimately are using arms, they have to pay attention to the environment by following the obligatory, relevant conditions given. Mentioned above.