نشریه فقه و حقوق خانواده
پیاپی 30 (تابستان 1382)

In the previous articles the formulaic principle of under protection of law along with its content and relevant documentation were elaborated on. Then, we examined how it contradicts the principle of not protected by law as to its applicability to offenders in crimes such as apostasy, blasphemy and armed rebellion for reasons obtained by the methodology of the administrative jurisprudence.In addition to this, the applicability of the principle of not protected by law to a specific group of individuals was studied as well as a rational and reliable criminal policy and the need to establish a center where such criminal policy is applied against offences, were discussed.Nevertheless, it is necessary to point out that the principle of under protection of law is compliant with collaborative activities at the service of the criminal policy; The public indirectly related to the punishable offences are encouraged to get help by way of mediation arranged by non-governmental organizations. Not the least, the participation of the offended and offending individuals in order to achieve restorative justice, as well as to eliminate the bad effects of the crime on the society and individuals are considered crucial.In the present article the applicability of the principle of not protected by law to those convicted of muhāraba, non-Muslims at war against Muslims, adulterers, sodomites, adultresses caught in the act with strangers, and to those entitled to retaliation, are studied on the basis of four different sources.

The establishment of conflict solving councils in the fulfillment of paragraph 2 of article 156 of the Islamic constitutional law as well as in accordance with the Quranic decree to keep council, on the one hand, and in accelerating flexibility in settling conflicts as well as expanding the culture of peace and reconciliation, on the other hand, has been considered as a necessity by the Iranian Legislative Assembly.The executive ordinance for article 189 of the law of the third national plan of economic, social and cultural development of the Islamic Republic of Iran was set by the Ministry of Justice on Mordad 6, 1381. The Head of the Ministry of Justice later ratified the ordinance.The members of conflict solving councils are given authority in the following three areas: contributing to settling punishable conflicts among the partners, preventing the accused from escaping, preserving the traces of an offence, and facilitating to pass a sentence, especially in crimes included in the ordinance.Conflict solving in councils need not observe the principles of criminal procedure. Similarly, the council's votes are revisable by public courts.

One of the things that ensue contract making is electronic dataexchange. Various issues related to this type of contracts, i.e. electronic contracts have risen and are in need of critical scrutiny. Our approach to the issue is whether contract making by way of the Internet is secure and reliable to the extent of the traditional way of contract making.The question arises as the necessary technological conditions of contracts, which demand legal and jurisprudential considerations, are things such as the legal validity of a data message, the recognition of the originator of the contract, the role of human element in changes which arise in the normal course of communication as well as attaining integrity of a data message and assurance against any form of alteration and falsification.According to experts in the field, the most outstanding dangers threatening electronic contracts are things such as fake identities, as well as alterations and the disclaim of the content of a data message.Consequently, it is necessary to find reliable ways of identifying the originator of the contract, preserving texts from changes and falsification, keeping vulnerable electronic exchanges secret, and preventing the partner from disclaiming the content of a data message. Today these objectives are satisfactorily reached, especially by way of codification, a possibility offered by electronic technology itself.

The Iranian criminal law of offending and offended children needs to be revised. Discriminating between the age of physical maturity and the age for liability to criminal law along with the omission of the articles from the Islamic criminal law that allow the issuance of punishments for juvenile delinquents have to be reconsidered.In attempting to decrease the number of offended children, the lawmakers have to consider certain behavior as criminal, thus putting a punishment on acts such as enticing children to corruption and fornication. The following measures taken play a crucial role in decreasing offences against this group of people in need of protection. Firstly, the negative effects of crime on the morals of children have to be taken into consideration. Secondly, trial procedures in crimes against children have to be speeded up. Thirdly, punishments have to be made more severe. Finally, their application to crimes against children has to be common rather than discretional. These items are examined in the present article.

Menopause age is an issue of conflicting views for Islamic jurisprudents. Since this jurisprudential issue has incurred varying viewpoints emanating from contradiction between the sources of the Islamic Principles and documented sources of Islamic jurisprudence, a survey of these sources and the reasons for contradiction enable us either to present a new theory or confirm the existing viewpoints.After giving an account of menopause in the light of its etymological, medical, and jurisprudential considerations, the present article elaborates on the propounded views of the issue. Each viewpoint is presented along with relevant reasoning. In this way the issue will hopefully be brought into a unified way of thought.