فصلنامه فقه
پیاپی 109 (بهار 1401)

The theory of "conflict of conditional obligations in legislation" is about the scope and rules of legislation based on secondary titles. According to this theory, it is wajib (obligatory) in legislation that the rulings of Islam (including permissible, obligatory and status) and the goals of religion and the purposes of Sharia need to be all considered; that is, it is the condition of correctness, and is considered as the conditional obligation in legislation. These conditional obligations may conflict with each other, and it is in this conflict that the legislature finds the permission of legal silence or the permission of legislation contrary to the religious ruling. In the present article, this theory is compared with other theories in this regard, their commonalities and differences are described in detail, and through this comparison, the author has both explained the independence of the theory of the conflict of conditional obligations in legislation based on those theories, and has clarified the scope and rules of legislation based on secondary titles according to these theories. The proof of this theory has already been explained in the paper The Theory of Conditional Obligations in Legislation and here it is only compared with other theories. The method of this comparison is analytical and based on library sources. The result of this paper is a detailed explanation of the scope and rules of legislation and legal silence based on secondary titles, and it can be applied in the legislative system of the Islamic Republic of Iran  , regarding the duties of the Guardian Council and the Expediency Discernment Council in legislation.

Any man-made object that is in Earth orbit or is entering the Earth's atmosphere and has no function is called space debris. Since space travel requires the high speed of a space object, the collision of the smallest debris can jeopardize space travel. Debris can cause serious and sometimes irreparable damage to spacecraft, astronauts, humans, and their property on Earth, as well as the environment beyond the atmosphere and the earth. This paper, written in a descriptive-analytical method, through examining many examples of losses incurred by space debris, has found that while realizing the losses caused by harmful behavior and the existence of a causality relationship, the elements of civil liability can be summarized. After monitoring the challenges in space treaties, especially the Liability, with the help of evidence of civil liability based on the theory of respect, it was concluded that civil liability can be clear in damages caused by space debris and it is possible to determine the person responsible for compensation by examining a case study.

There are some types of computer games with in-game payments if one side of the game loses. The similarity of winning and losing in such games with the wins and losses of gambling has raised the question of whether they are a gamble and has been considered in jurisprudential research. However, due to the influence of the direction of payments and the types of payers in the games as being gamble, it is necessary to examine these payments in these directions. The role of payments' direction has been explored in a standalone paper entitled "Thematic Gambling in Post-Loss Payments in Computer Games". However, there is no independent study on the role of different types of payers, which explains the role of payers in such games, despite their diversity and differences in their nature and role in the games as being gamble. The current study seeks to respond to the important demands of Islamic game makers in providing jurisprudential criteria for the design of payers and respond to the demands of a large number of Muslims who use computer games in order to avoid gambling. The result of the present study, through a jurisprudential study of the types of payers and an analytical study of four types of payers is as follows: 1. both sides of the game 2. One side of the game 3. Third party 4. software. To determine whether the first type and some cases of the fourth type are gamble, a method of applying the elements of gambling to the types of payers in computer games can be used.

The deeds of the infallible play a role in various stages of inference, including discovering the subject, discovering the ruling, gathering evidence, and resolving conflict. This paper deals with the role of deeds of the infallible in discovering the ruling. This paper seeks to show the effect of infallible deeds in discovering the ruling by examining verses and narrations and providing examples of narrations and to show what effect the issuance of a text of special deed has on the ruling. In this method, first, the possibilities of issuing a text from the deed and the perception of the jurists are mentioned, and then the evidences of recognizing the ruling from the special deed are stated. The novelty of the paper is in expressing the seven methods of the effect of infallible deeds in discovering the ruling, analyzing them and applying the narrative and jurisprudential examples. These methods are separation of religious rulings from non-religious rulings, separation of general rulings from specific rulings, separation of permanent and fixed rulings from temporary and variable rulings, mandatory rulings from non-mandatory rulings, mawlavi from advisory ruling, governmental from non-governmental rulings, and worship from non-worship rulings.

With the spread of psychological trauma as well as the complexities of daily life, the number of people referring to counselors and counseling centers has increased significantly, and this has provided the context for creating new interdisciplinary topics in jurisprudence and psychology, one of which is counseling in non- benevolent counseling. The present study aims to examine the guarantee of material damage related to the counselor's error in non-benevolent psychological counseling that has been done by an ijtihad method. The research findings indicate that first, although it does not have an independent title in the narrative and jurisprudential literature, the jurisprudential-psychological study of this issue is possible. Second, the criteria of the narrations of the expert, the doctor's guarantee, and the error of the jurist in the fatwa are the jurisprudential supports of the subject under study. Third, the error of the consultant will be a guarantee if it is the main cause of the damage and leads to material loss for the clients. Therefore, the consultant is considered a guarantor for the error that has caused material damage to his clients.

The property of the person goes to his heir after his death, but the financial rights of the deceased will also be inherited or not? To answer, the source of the financial rights must be determined, whether it is a contract between the parties, such as a right of pre-emption, or an Iqa' (Unilateral act), such as a right of Tahjir (Revival of property), or a law, such as a right of copyright. The criteria for distinguishing financial rights from non-financial rights are the tradability of these rights and the ability of converting them to money. Some rights, including pre-emption rights, options and copyright, are transferred to the heir unanimously, such as the deceased's property. However, for rights such as benefit and tolerance, there is disagreement between jurists and legal experts that whether they can be passed to the heir or not. The most important reason for inheriting these rights is the reason. This present study, which has been compiled with the aim of understanding the view of Imamiyah jurisprudence and Iranian law on inheritable financial rights, has been done in a descriptive-analytical method and data has been collected through a library filing method. Another issue is whether the transfer of some financial rights to the heirs is accepted, should all the heirs together exercise this right or can some of them exercise this right? Given the multiplicity of viewpoints, the financial right is apparently a single right and will be enforceable if all the heirs request it.

According to most experts of the environment, a major part of the environmental crisis in Iran is due to the failure of some environmental laws and regulations, which has created a conflict of interest in the implementation of environmental laws and regulations. In the meantime, in the light of the content of Article 2 of the Environmental Protection Law, some government organizations are considered as one of the main interested parties in the conflict of interests in the implementation of environmental protection laws against the national interests of the country since they are themselves in charge of environmental protection and are permanent members of the High Council for Environmental Protection and are the highest oversight and decision-making authority as well as the undisputed power of policy-making in all aspects of environmental affairs. In this descriptive-analytical study, the most appropriate, least costly and fastest solution for this crisis, which is caused by the failure of some formal environmental laws, is examined, including Article 2, which has provided the basis for selective and discriminatory implementation of laws and regulations. Thus, according to the jurisprudential rule of "La Zarar (no harm)", which is also the content of Article 40 of the Constitution, by reviewing the content of Article 2 of the Law on Environmental Protection, the position of the Supreme Council for Environmental Protection has been upgraded from an internal administrative council to a supranational council. The result is the elimination of conflicts of interest in the implementation of environmental laws and regulations and the proper management of the environmental crisis in the country.