فصلنامه حقوق اسلامی
سال ششم شماره 3 (پیاپی 22، پاییز 1388)

Taste of Sharia is among rules which have been extensively but dispersedly employed by the jurists and in their juridical argumentations in the recent centuries. In spite of extensive uses made of the rule of taste of Sharia, this rule has not been so widely and independently discussed. The present writing is to discuss cases in which this rule is used and the way it is used in juridical writings whether independently (which states the will of the Legislator) or in an instrumental manner (for example to interpret the intention of the Legislator). In addition to discuss and analyze the nature of the taste of Sharia, the present writing tries to analyze this rule and evaluate it against the intents of Sharia.Critique and evaluation of the rule of the taste of Sharia and proposing alternative rules concern the other subject which will be discussed in the present writing.

One of the doctrines in Islamic criminal policy, which plays an important role to prevent crimes, is the institution of Endowment (waqf) and promotion of the culture of endowment. Study of various aspects of endowment, in particular given the discovered deeds of endowment which are in fact reports made of Islamic societies, proves the claim that one of the functions of endowment is to prevent crimes and being victim of crimes. The function of endowment is not limited to the period before occurrence of crime; even after it, it may play an important role to decrease criminal population, make reconciliation between criminal and his victim, and correct or even cure the criminals. In the present article,some aspects of such functions are studied.

Call of option is a pre-contract which paves the way for conclusion of the contract in future. This contract originates from economic needs and in the financial markets of the world; and it is these very economic needs and ought's which determine many of its characteristics, rules, and principles governing it. Given the developing motion of the Iranian financial markets, characteristics of this contract should be known.Commitment to sell or purchase some item by one of the parties and production of some option for the other party as well as payment to acquire such an option have made this kind of contract an unrivalled arrangement with its own rules. This is an arrangement whose similar can be found in no one of the various contracts mentioned in the Civil Law. Given the numerous objections and suspicions posed against this contract as well as incorrect description provided for it by some authors, and since in spite of mentioning the call of option, the Law of Iranian Negotiable Exchange has not described the nature and characteristics of this contract,the present study tries to discuss the most important characteristics of the call of option, and provide replies for objections and suspicions posed against it.

White collar criminals- who have no moral sense- enjoy on the one hand a higher capability for crimes, and are very sociable on the other.This very point shows seriousness of harms caused by dangerous state of these criminals.As a rule, white collar criminals are from higher- whether political,or economic or social- classes; and employing their power and effective influence, they commit crimes such as fraud, misappropriation, bribery,forgery, abuses made of credit cards, tax-escaping and the like. Becauseof their refined appearance, and for their public acceptability and intelligence, they are called "white collar criminals". Sometimes, their offensive deeds influence horribly the structural dimensions and inparticular economic dimension of the society for long times.

In the recent years, many foreign nationals entered Iran illegally, some of them married Iranian women illegally, and children were born to them.Some of these foreigner nationals returned to their countries; and their Iranian wives have found themselves faced by the problem of children without identity cards. These children are called children without identity. To solve this problem, an act called "the Act to Determine the Citizenship Status of Children Resulted from Marriage between Iranian Women and Foreign Men" was enacted. As long as these children are not 18 years old, however, this Act has no efficiency; and till then, no supportive measure has been considered for them. Specifying a deadline for the foreigner nationals to register and obtain necessary documents to change their status to that of an allowed refugee or homeless man, granting Iranian citizenship to such "foreign" parents, or granting citizenship to them more easily are among solutions which may be employed. It seems, however, that finding of the main solution should be left to the legislator, so that, through some changes made in the Civil Law, while protecting Iranian citizenship of the Iranian women- if they marry foreign men- and developing the blood system to Iranian mother,he may prevent the problem of children without identity. Such an arrangement seems to be consistent with the Articles 41 and 42 of the Constitution. The present study will, at first, explain the concept of children without identity, and then goes to discuss the reasons behind emergence of such children, and provide some ways to prevent this phenomenon.

According to jurisprudence, there is some difference between man and woman in terms of retaliation and blood-money. This difference, which seems to suggest some sexual discrimination, has been since olden times,studied and discussed. But, in recent years and as a result of feminist movements, it has been more seriously criticized. Retaliation and bloodmoney for man and woman may be studied from various, juridical,legal, sociological viewpoints as well as in terms of philosophy of jurisprudence, philosophy of law and the like. In each and every study in every discipline, the terminology of that discipline should be used. In the present article, at first, this issue will be studied from a juridical viewpoint; and, then, some objections posed in this regard will be discussed.

Spam which is sent for commercial goals and promotion though computer networks to individual's email boxes is a great part of information which occupies sometimes more than 50 percents of emails.Sending of such emails for promotion imposes, on the one hand, serious costs to those who play roles in the cyberspace- and in particular ISPs-,and is a violation of individual's privacy, on the other. At the same time,now, sending of spam has become an organized trade. For the same reason, cheating and illegal ways to gather people's email addresses to send, receive, and see such emails are increasingly used. To control the spam, two main approaches are employed by the States. The first one concerns non-intervention or minimal intervention of the State through technical-educative ways; and in the second one, in addition to the uses made of the above ways, control through enacting and exercising lawswhether penal or legal- is employed. In Iran, in addition to the Act of Ecommerce in which some rules have been considered in this concern, as far two Bills have been prepared; the first one, by the Ministry of Communication and Information Technology, and the other by the ministry of Guidance and Islamic Culture. The two Bills have been presented to the Council of State. Though none of them has so far been approved, this shows formation of a penal-oriented approach to this phenomenon in or country. The present article discusses the global approach to the spam, and tries to study the need to enact a penal law in our country.