امان الله علیمرادی

As a priority, suspicion bears no credit to be used as an argument and prove in lawsuits and they give no place for it in logics. Unless some certain cases of suspicion to be empathized by shaare', Quran and tradition too consider suspicion as unreliable in proving a truth and using it in Sharia verdicts. Suspicion is also prohibited by shaare' as a proof for a sharia verdict or in jurisdiction and credit litigation such as tradition with a single narrator; and, the priority is to prohibit it especially in relation with decisions on other people. Therefore, many of accusations, calumnies, roorbacks are mostly based on suspicion. For example, accusation for a murder may have its roots in suspicion. Notwithstanding, it should be acknowledged that, affected by time and place necessities, many of legal principles and rules governing the guarantee for the prohibition of suspicion (such as the presumption of innocence and in dubio pro reo) and also the rights for its guarantee (such as the right for litigation, the right to remain silent, the right for arraign and privilege from arrest) have gone under modifications.

Suspicion is a sort of exercising immoderation and it means one’s own mental perception of others about unpleasant things and reckoning bad ideas in heart and mind and putting these thoughts into effect in words and behaviors; suspiciousness is a bad attribute that comes about as a result of factors like faith weakness, unhealthy and unsound social and familial environment, psychological and ethical factors and cowardice and frailty. The present study tries investigating the position of suspicion in the area of proof justification in the security sectors. The researcher adopts a descriptive-analytical approach towards the study subject. Documentary method (library research) and note-taking have been the methods of choice for gathering information. The investigations indicated that due to the vastness of the religion’s realm and its not being limited to the individual and worshipping affairs and since the prevalence of suspicion causes an increase in the fear amongst the individual members of the society and prevents the social cooperation, unification and sympathy, the religion’s social function should be also taken into account. Suspicion does not exist in the form of an independent title in the laws and statutory provisions but, with a little compromise, the term “suspicion” can be considered as an intention for the perpetration of crime with the intention being interpretable according to article 122 of the penal lore. However, according to jurists, the malicious intention stipulated in article 515 of the Islamic penal code of law can be synonymously taken as suspicion. In the penal laws, some of the cases like the prohibition of slandering and aspersion, insolence, suspected murders, legitimate defense and dispersion of falsehood can be enumerated amongst the sources of suspicion.

Numerous judicial rulings have condemned parents for child abuse due to the unconventional nature of their actions. The present study aims to examine the punishment of children from jurisprudential, legal, and criminological perspectives, focusing on when such punishment is considered conventional and what causes and factors contribute to the commission of criminal behaviors against children by parents. This descriptive-analytical research demonstrates that corporal punishment is distinct from child abuse, and there must be a precise boundary to differentiate the two. Although parental and guardian discipline under certain conditions is legal and considered a legal justification, all forms of child abuse are criminal, and its commission by parents and guardians is punishable. It is necessary to either revise laws and regulations to define the conventionality and the authority responsible for its determination, or to remove the justification entirely to prevent it from becoming a pretext for child abuse within the family.

With the formation of human societies and governments, a series of behaviors under the influence of factors such as customs, religion, economic and social interactions with other societies, etc. were taken into consideration as dos and don'ts. These cases are classified at different levels according to the degree of importance in such a way that some of them will face punishment if they are found guilty. Regarding the principles governing the criminalization of behavior, some cases have been stated, among which are: 1) the principle of harm: The most important principle and basis that countries rely on to justify the criminalization of behavior is the principle of harm. This case has been supported by scholars such as John Stuart Mill, Hart and Parker. These people believe that due to the great importance of human freedom, restrictions and criminalization should be applied in a place where there is a specific harm or danger to the individual or the society. be, he has no responsibility towards society, the only thing that can allow the use of force against people against his will in a civilized society is that he wants to prevent harm to others. Guardianship or legal patriarchy: father Monarchy means acting for the good of others without their consent, as a father does for his children. That is, like a father, he supervises the actions of his children and avoids anything he deems harmful to them, even by force.

Crime detection is the first stage of a fair trial, about which several legal and ethical requirements have been raised and similar approaches in this field can be seen in human rights documents, standards and procedures. Considering the constructive role of ethical principles in the development and improvement of the fair trial process, including in the stage of crime detection, the present study investigates the ethical requirements of crime detection from the perspective of human rights documents, standards and procedures.

The present research is theoretical and the method used in it is descriptive-analytical. Information collection has also been done in a library way by referring to books, articles, documents and websites.

 In writing this article, ethical principles including fidelity, honesty and originality of the text have been observed.  

Crime detection in the judicial process, in addition to observing legal principles and rules, requires compliance with moral principles and requirements, including the prohibition of torture, the principle of acquittal and innocence of the accused, as well as the prohibition of interference in personal life. The moral obligation of prohibiting torture is the negation of any physical harassment in open and hidden dimensions which is so in conflict with fundamental human rights by using psychological methods. The principle of acquittal is a right and even a privilege for the accused, which, in addition to finding people innocent before presenting the reasons, requires the claimant to prove the reasons. The principle of prohibition of interference in private life also emphasizes the right to live freely without the illegitimate interference of individuals and public and private entities.  

Ethical requirements are the means of developing legal principles and implementing international, regional and national human rights declarations and recommendations. Meanwhile, the three principles of the prohibition of torture, the principle of innocence, as well as the prohibition of interference in the private lives of individuals, are stable and common principles in human rights documents, which, of course, need to be developed in tandem with technological and communication developments which may violate human rights in various ways during the crime detection stage. Dealing with cases of violation of the accused's rights at the stage of crime detection from a moral point of view requires serious determination and binding of human rights declarations at the global, regional and national levels.

The discourse on the prevention of water-related crimes is not limited to criminal proceedings, and all dimensions, levels and tools of criminal legislative policy must be applied. Iran's current criminal legislative policy in the face of water-related crimes does not fundamentally use specific sciences, and there are conflicting policies that sometimes openly ignore justice. The analysis of this article concludes that in fact the main challenge of criminal legislative policy in water-related crimes is the lack of a principled, measured and practical legislative criminal policy. is The reason for this lack, perhaps lack Utilization of forensic experts and data on criminal policy knowledge, especially in the field of legislation, which has caused the inability of the criminal legislative policy of the situation. In this article, while explaining the tools of implementation and implementation of criminal legislative policy in the prevention of water-related crimes, the effects of disorder and turmoil on the tools of criminal policy will be analyzed and examined.

The importance of the environment and the need to protect it is not hidden from anyone. Considering that prevention is a golden principle in the field of environment, the presentation of effective and appropriate prevention methods has always been considered by thinkers in this field. Preventive measures in the field of environment, despite the need for an international determination and the adoption of coordinated and scientific methods, require attention to the cultural and social needs of communities and suggests the use of preventive policies based on cultural prevention. In this regard, this article examines the Islamic teachings and the impact of lifestyle presented by this comprehensive school in order to prevent crimes against the environment.

This research is descriptive and analytical in nature and based on library data.

Studies show that components of a lifestyle based on Islamic teachings can help us achieve preventive goals. Islamic worldviews and teachings, by presenting a unique style of belief and lifestyle, cause the type of action of individuals to be directed in a direction that will ultimately lead to the protection of the environment and the prevention of harm.

One of the causes of disruption in human societies is crime, which has always endangered the life-economic-political-cultural security of human beings and society and governments. Communities' response to this phenomenon is primarily through the use of coercive legal methods and tools, resorting to criminal institutions.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Incorrect methods to deal with crime are also common among criminal agents such as judges and law enforcement agencies. These incorrect methods contradict the two issues of public order and individual rights. However, sometimes an expedient and even benevolent view persuades the criminal agent to resort to incorrect methods in order to solve the criminal problem or case.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

However, sometimes an expedient and even benevolent view persuades the criminal agent to resort to incorrect methods in order to solve the criminal problem or case.

Geographical components play a significant and fundamental role in committing economic crimes, so that factors such as territorial and climatic conditions, climate change, etc. have been considered as one of the prominent factors in committing these crimes. Of course, the fact that these factors continuously play a role in committing these crimes is still not fully considered as a comprehensive and deterrent factor. This research, which has been done using a descriptive-analytical approach, seeks to answer the question: what is the role of geographical components in committing economic crimes according to the standards and standards of Iranian law, Imami jurisprudence and international documents? The result of the present study is that although geographical components such as the civilian population are important in committing some crimes such as international crimes as well as moharebeh and some examples of corruption on earth in jurisprudence and domestic and international law, but in The context of economic crimes Geographical components as independent factors have not been considered in domestic law documents, international law documents or Imami jurisprudence. However, this neglect has been alleviated to some extent, especially in the field of international documents, with the advent of interpretations on the material of these documents, and the role of geographical factors has become somewhat important.

Self-defense is a defense that is often raised by defendants in a criminal trial who were involved in a fight with the victim that resulted in the victim’s serious injury or death. The law recognizes the right that someone has to protect his or her own person. but there is some situations which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified One of these situations in self- defense is that the attacker has started his attack but yet Necessity condition has not existed and the defender has ability to retreat and escape. The key question is whether he has to retreat against the offensive attack or he can continue based on the right to defend himself? This article explores the doctrine of self-defence within the context of the challenges about duty to retreat. This principle requires that someone who found themselves in a violent confrontation had to try to defuse the situation and retreat. In fact the general principle behind the duty to retreat laws is that the use of force - lethal or otherwise - is not justified until a person has made a reasonable effort to avoid confrontation, either by de-escalation or an attempt to leave the area where the threat is occurring. common law in the recent centuries based on the lesser evil and more benefit as a society theory, would require the defender to retreat, since escape is a way to realize the survival of the attacker (more benefit) and reduce the probability of crime (less evil). Failure to do so, despite the achievement of all other conditions of defense, causes  rejecting the defense principle. English common-law doctrine strictly limited the cases to which Stand Your Ground applied and earliest American self-defense doctrine imposed a general Duty of Retreat, but now also admitted exceptions such as "Castle Doctrine" it is named for the axiom that "a man's home is his castle. In the imamiyah jurisprudential texts, the issue of duty to retreat is stated after the defense principal and is only intended to emphasize the protection of the defender during his inability to attack the attacker. Therefore, if the conditions of defense are achieved, the principle of the defense is dominant, and his failure to escape has not a legal effect. German criminal law, based on the individualist theory of the rights to defense, rejects duty to retreat. this theory states that a person "who is attacked" anywhere he is lawfully present has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he believes it is necessary to do so to prevent death or great bodily harm. But based on the principle of the responsibility of the attacker in the private defense in German criminal law, in the defense against the invasion and children the defender has to retreat or it is considered as a duress defence. Therefore, the defender in these cases is required to retreat. Because he, in the absence of a retreat with the possibility of doing so, he himself is guilty of creating his own duress condition and this is a case of defying his defense.

The role and importance of water resources in various social, economic and environmental dimensions can be clearly understood from the dependence of human life, environment, industries and factories on this source of life. On the other hand, the realization of the goals and ideals of the criminal justice system for water-related crimes implies the formulation and benefit of a methodical and goal-oriented criminal policy. The results and findings of this research, which is dedicated to investigating the conflicts of criminalization and criminalization of criminal policy in water-related crimes in Iranian law; It shows the fact that the lack of alignment of legal and judicial criminal policy in the field of water has had an effect on the attitude of the perpetrators of water-related crimes and has finally led to the reduction of the intimidation effect of punishments in this field. The findings of the research, which have been obtained based on the analytical and descriptive method and the collection of information in a documentary manner, show that the underlying and hidden goals in Iran''''s legislative policy are mainly based on the characteristic of intimidation, punishment, criminalism and suppression of punishments and reform and The training of criminals, in the stage of justice and execution, it has been affected by a kind of flexibility, tolerance and tolerance, and as a result, the deterrent and corrective features of punishments have been removed, which in turn causes confusion, disintegration, incoherence, aimlessness, ambiguity and It has provided inefficiency in criminal policy.

There are two approaches at explaining the oblique intention. The objectivists make the criterion From the perspective of society. The criterion for considering those verbs and sciences that cause to the result of murder. at the face, the subjectivist still holds the accused and emphasizes his mental states. Imamieh jurisprudence has used objective criterion. But these Jurisprudents have cited examples and have not given a certain criterion for classifying these types of verbs. The Penal Code of Iran has added to this ambiguity, and in Article 144 it has not explicitly stated in what circumstances Knowledge to Occurrence of the outcome is subjected to article 144, consequently subject to clause (a) of article 290, and under what conditions the Knowledge to Occurrence of the outcome is Subjected to paragraph (b) of this Article. The present research has been designed to explain the oblique intent in common law as an objective system and determined the conditions for realizing each of these Articles using objective criteria. In this context, it explains how subjectivists consider oblique intention in a mental system such as Germany, which does not use objective and societal criteria.

In the issue of murdering an insane by a sound person, the jurisprudents believe in nullifying retaliation and rule for the necessity for paying the blood ransom which is in contrast with the primary rule for murdering in jurisprudence. The reason for such a decree is reference to a hadith by Imam Baqir (A.S) - Aba Basir's Sahiheh - contrary to its prima facie which seems to be issued based on consensus. As the contents of this tradition are in contrast to the primary rules of Qisas (retaliation) entry, jurisprudents maintain that such a hadith is merely applicable to its case (murdering an insane) and could not be applied to other instances of murdering. Contrary to the majority of jurisprudents, the authors of this paper cite to this section of the tradition "la qooda liman la yoqado mimh" as the reason for the rule and believe that the contents of the tradition is not a minor issue and pertinent to its limited case, but it indicates a "general rule" and "major issue". Therefore, while a jurisprudential rule is formulated, the authors enumerate its pertinent documents and proofs to examine the documentation of the hadith and then they state the contents of the rule to narrow down its scopes and finally once a unified criterion is elucidated and by referring to "general reason", they study the cases could be investigated by this rule.

As aquifers consist water resources origins, they have been taken into considerations. Aquifers’ management and proper exploitation of these resources would influence on their stability and long-life existence. However, there are some factors such as extravagant exploitation of these resources, underground water resources contamination, and so on and so forth that would lead to catastrophes of their desiccation, contamination, and impoverishment. Aiming at the statement of No Harm Rule in the fulfillment of accountability towards water resources and by utilizing a library research method and using authentic jurisprudential references, the current study has been carried out. Thus, by applying the No Harm Rule, the researchers have investigated and stated the precepts, rules, and responsibilities emanating from the damages incurred to the water resources. The viewpoint of "negating the harmful precept" was concluded in the form of a comprehensive viewpoint including imperative and positive rules as the finding of this research based on which the actions and abandoning these actions from which water resources are damaged would be deemed unlawful and subject to positive rules of warranty. On the other side, this rule enjoys a constructive and affirmative role which includes the damages resulting from the non-precept.

Political thoughts are based upon certain principles. Political sientists reflect their opinions in the framework of these principles, which always root in a certain religion or school. Ayatollah Khamenei, as an islamic thinker, has religion-based political thoughts which are affected by different dimensions. Among these dimensions, is the jurisprudence aspect of these thoughts that has rarely been noticed by researchers. In the present research, the jurisprudence principles of the politics about relations with America, in the viewpoint of Iran's leader, in investigated. According to these principles, any kind of dominance, loss making or oppression from foreigners on Muslims is cancelled based on principles like the rule of no way, principle of no loss or principle of lack of cooperation on wrong an force. In political thought of Iran's leader, these principles are considered among the main strategies of the Islamic Republic of Iran in achieving grand goals of the Islamic Revolution upon which the politics about relations with America is remedied.

Despite the conditions and strict regulations governing verdicts issued by judges, there is the possibility of mistakes, misunderstanding and errors from them and subsequently causing damages to the parties. The personal responsibility of judges has been expressed in principle 171 of Iranian Constitution and in other laws such as Article 58 of the Islamic penal code. If the judge, who caused damages by its wrong judgment, is at fault, he has the personal responsibility for damages, and recovery for damages against him can be claimed through the disciplinary court of Judges. But if there is no fault on behalf of the judge, the responsibility for damages is on the government. This article is mainly concerns with base and origin of the responsibility of judges in case of erroneous judgments in Quran and tradition. Furthermore the various types of damages arisen from a mistaken judgment and the legal procedure for recovery of damages shall be studied.

Dowry is the property that a man should pay after marriage contract to his wife. Since it is often costly that the man can’t pay it or he doesn’t want to pay it, its degree must be rational and according to the man’s property; In this case, the man can pay it. Otherwise, the man may be imprisoned if he can not pay it. One of the factors for determining costly dowry is lack of true viewpoint about the nature and role of dowry. In the present article, the author explains it completely. Based on judicial sources, dowry cant prevent divorce. In fact, it is legal present with spiritual purposes for wife respect. Based on Islamic religion, dowry should be for marriage easiness and life relief. But in the present time, the exact meaning of dowry is forgotten.

One of the issues related to dowry (mahr) in permanent marriage is its being halved in some cases. Once, in a permanent marriage, a dowry is set for the wife but the marriage leads to divorce before consummation, the wife is entitled to receive half of the assumed dowry. This view is agreed upon by the majority of Imāmī jurists. Now, what is the ruling if the separation between the couple is caused by the husband's death? Is the wife entitled to the entire assumed dowry? Or, like divorce before dukhūl (the first coition in marriage), is the wife entitled to half the dowry?It is to be said in reply that the renowned majority of Imāmī jurists have selected the first option, believing that pronouncement of tanṣīf (halving) of the dowry in "divorce before dukhūl" is subject to a special reason and generalizing it to the assumption of "the husband's death before dukhūl" requires provisions that the evidences are not able to supply; as a result, in the latter presumption the wife is entitled to the entire dowry. In contrast, detailed legal books have attributed the other view to a rare group of jurists.Re-examining this issue and delving into all its dimensions and details, the writers of the present article have found the rare assertion supported by evidences and have considered this view more proportionate to the criteria of ijtihād (legal reasoning) in comparison to the popular view. They have, in this article, attempted to assay and criticize the assertions of the generally accepted view and to evaluate their evidences; and in the end they have elucidated the selected view.

Adultery is proved only through numerous and frequent confessions (four times) and confession to less than that would not invoke legal punishment (ḥadd). This view is widely accepted by the Imāmī jurists. Among them, however, is Ibn ‘Aqīl ‘Ammānī who stands against the widely accepted view and believes that such crimes are provable by means of a single confession.By reappraising this issue and analyzing and evaluating the evidences of both views, the writer takes on a third theory. In brief, the writer believes that a single confession would suffice for proving the adultery provided that it meets all the conditions of effectiveness. Only the adultery leading to stoning (rajm), in terms of the narrations existing in this regard, requires four independent confessions in order to be proved. Besides enjoying a specific reason, the bulk of this theory is consistent with the generalities of the evidences like the overall rule "the confession of the wise on themselves is admissible", and the latter instance corresponds more with the "principle of precaution in bloodshed".

According to ImÁmiyya consensus, if a marriage portion set for the wifein a marriage contract and it leads to a separation due to the divorces ofthe spouses before penetration and intercourse, the ex-wife is entitled tohalf of the prescribed marriage portion. Supposing the separation isbecause of the death of the husband, what will happen to the marriageportion? Is the ex-wife entitled to the whole marriage portion determinedin the lifetime of the husband? Or as in the previous case (divorce prior topenetration) the ex-wife is merely entitled to half of the marriage portion?Majority of ImÁmiyya jurisprudents have adopted the first view holdingthat dividing the marriage portion in two halves prior to penetration is aview supported by specific proofs. Extending the same rule to thecircumstances of the death prior to penetration requires further proofs.Therefore, under such circumstances, the ex-wife is entitled to the wholemarriage portion. In contrast, detailed jurisprudential books haveattributed the second view to few jurisprudents including fayd kāshānī.Rereading the issue, authors of the present article have found the secondview supported by certain proofs seeing it more adaptable with the rulesof jurisprudential deduction (ijtihād) after making a comparison betweenthis view and the dominant one.

God in the Holly Quran has called murder as an atrocity on human life (Maede 5:32) and there is an authority for the Heir (Asra 17:33). This study entitles" Heir 's right in the Murder". In order to have a clear idea related to this issue the writer has done a research in the Islamic rights sources. Although the topic of this research is general, but the study is limited to retaliation and blood-money. Due to this fact that the retaliation is undeniable in Islam, all the considerations of this research are centered to find an answer for one main question: how is retaliation substituted by blood – money?There are some theories to answer this question as follows:1-There is no other right for the heir except of retaliation.2- Retaliation and blood-money are optional.The researcher believes that justification of these two theories are not convincing, Due to the shortcomings of the two theories mentioned above, the researcher has designed a new theory called The theory of replacement of retaliation by blood-money when retaliation is impossible. This part of the research involves the general aspects, analysis and the definitions of the key concepts.

According to the Quran,when someone is murdered,his parent has legal right to punish his murderer.They can decide to punish him,but there is other view which called “choice between the punishment and the blood-money”.In this essay,the writer wants to explain this subject.

The paper tries to explain the principles of the conditional contraction. It also studies the extent and the whole of conditions involved in the cases.

The Quran is undoubetedly the main source of the Islamic vegulation and principle. The versesaf the Quran inelnde many practical regulation and a varity of subjects. In many case, It explains the general aspect of principle not the specific.Lots of repeatedly statements which were told by Imams the paper tries to compare different views on the generalization of the statements. It also studies the works of scholars to illustrate the subject.