سپیده بوذری

The growth and penetration of cyber technologies, as well as the daily interdependence of human existence, have made combating damaging events one of the top concerns of governments and countries in order to restore order, security, and people's comfort and well-being. The emergence of classic crimes using advanced means and figures in cyberspace has a severe impact on the present order, security, and rights of countries and societies, as well as national security. Cyberspace terrorism is a conventional crime that has evolved with the complexity of the digital environment, resulting in the destruction of infrastructure, cultural and social underpinnings, and a complete reversal of reality. The Islamic tradition has long regarded passive defense as necessary and important. Currently, focusing on passive defensive capabilities will strengthen the country's defense force and deter any type of hostile threat. Therefore, this research, which aims to explain the role of passive defense in deterring war using jurisprudence norms and valuable concepts, has the potential to prevent cyber terrorism by proposing remedies. The primary research question is: What are the jurisprudential bases for preventing cyber terrorism based on passive defense principles? The current study employed a descriptive-analytical approach, with data gathered at a library. Today, the Iranian government's primary priority is preventing the unfortunate phenomenon of cyber terrorism, as stated in rules and laws and confirmed by the development document, national perspectives, and criminal laws. In the field of jurisprudence, jurisprudential rules such as the rule of harmlessness, negation of mustache, and the rule of justifiable defense can be utilized to construct preventative foundations in laws and regulations, as well as administrative initiatives. Without a doubt, steps that can be taken to stop this from happening include making it harder to get to infrastructure, promoting a culture of preventing cyber-crimes, especially terrorism, educating the public, and putting in place executive regulations are all important. It is also important to make sure that cyber terrorism is dealt with by strict and appropriate criminal laws that do not discriminate. Iran's laws and regulations must be completed and verified to combat this phenomenon and ensure stable order and security. Moreover, despite the scarcity of efforts to prosecute and sanction cybercrimes, the study is proposing new legislation in this domain, and it must incorporate safeguards against cyberterrorist attacks into most passive defenses. Increasing the security of government systems, localizing computer software, preventing unrelated people's access to basic infrastructure, and so on all help to prevent such actions.

Online social networks have provided a unique platform for two-way communication and virtual interactions. Along with the benefits and facilities provided by these social networks, one should not neglect its dark side, which is the list of crimes in this environment. According to the available statistics and information, not only women are the biggest victims of crimes in social networks, but the vulnerability and injuries caused by women's victimization in social networks are more than the vulnerability of men.

The present article, using the descriptive-analytical method and using library sources, is responsible for identifying examples of violence against women in online social networks and its effects on them and explaining some strategies for responding to the problem.

Ethical Considerations:

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

The findings of this research show that female users of social networks who are abused may suffer irreparable mental and physical injuries to the extent that it leads to their death or suicide.

The result obtained from the article is that in order to deal effectively with violence against women in social networks, attention should be paid to the prevention of the passing of awareness to the victims, the intensification of punishment and discrimination based on gender, and attention to the wishes of the victim and the need of the criminal in the paradigm of restorative justice.

Air pollution and the damages caused by it in the city of Tehran are considered as one of the main problems of the urban area in the shadow of the existing laws in this field. One of the causes of damage to the environment is air pollution due to human activities. Actions that sometimes take place intentionally and with awareness and sometimes unintentionally in nature and cause its change or destruction. From a legal point of view, it is important to check the existence of responsibility for these actions. Responsibility for air pollution in regulations and laws guarantees civil and criminal enforcement. Looking at the existing laws and the necessity of interdisciplinary legal debates and the lack of research in this field, constructive suggestions are made to solve the problems of this field.

The present research was carried out using a descriptive-analytical method and by collecting information in a library form, and it is trying to investigate the guarantee of legal and criminal executions for the causes of air pollution.

Ethical Considerations:

 Despite the lack of sufficient internal resources, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.

One of the causes of damage to the environment is air pollution due to human actions. It should be mentioned that the responsibility due to air pollution exists in civil and criminal regulations and laws. However, it seems that due to the importance of this issue, the guarantee of enforcement in the laws is not enough, and new regulations should be established regarding liability cases in the civil field and punishments in the criminal field.

In the field of air pollution, which is one of the main causes of damage to the environment, there are many provisions in Iran's laws and regulations. This provision exists both in the main laws such as the Constitution and in other criminal and civil laws, but more than the existence of laws, the possibility of implementation and the manner of implementation of these laws are important. From the civil point of view, the area of responsibility for the factors that cause air pollution is possible through the general rules of civil liability, such as the existence of damage and the relationship of causation, it is possible to file a lawsuit and claim damages. First, in many cases in this field, it is difficult and sometimes impossible to prove the three cases of civil responsibility. In the criminal field, there are also laws related to air pollution punishing by imprisonment and closing the polluting center or preventing the traffic of polluting vehicles. In addition, some punishments such as fines can be combined with other punishments to have a better effect. In addition to the mentioned cases, it can help a lot due to the intertwining of the law and ethics of culture in the field of this issue.

In Islam, for protection of the environment, there are provisions within the general rules of compensation, including the rule of no harm, loss and causation, which can be examined in line of the jurisprudential principles of civil and environmental liability. The present study aims to investigate the compensation of damage to the environment by emphasizing the crisis of Urmia Lake and citing the rule of no harm, loss and causation.

The present research has been done by descriptive-analytical method and through library data collection.

Ethical Considerations:

 In all stages of writing this research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

In recent years the water retreat of Urmia Lake and its transformation into saline areas has led to the destruction of a healthy environment. Urmia Lake crisis has been the result of not paying attention to sustainable development in its catchment area and excessive water consumption in various sectors, including agriculture sector. According to the no-harm rule, any occupation and change in human society and nature that violates the others rights is forbidden by Islam. Therefore, in case of damage to the environment and with the realization of the elements of damage, compensation can be demanded from the perpetrators of environmental damage. According to the rule of loss, if someone causes the destruction and loss of public natural capital by causing environmental pollution, he is obliged to compensate the damage, and under the rule of causation, in addition to attributing the damage to the perpetrator, proof of guilt is also necessary.

One of the basic environmental rights in Iran is the right to the environment of Urmia Lake, which has been destroyed as a result of the intervention of natural and human factors. In this regard, the jurisprudential principles of compensation for environmental damage are jurisprudential rules such as the rule of no-harm, loss and causation that based on them, the responsibilities of human beings are clearly defined and its conclusion is proof of guarantee as a result of any destructive act in the environment. In terms of the principles and foundations of civil liability, compensation for damage to the environment, including Urmia Lake, is achieved through ways such as restoring nature to its former state, compensation for damages by giving an equivalent and a temporary order.

Offer and acceptance are the most important issues in formation of Islamic contracts and transactions. Offer and acceptance are sometimes realized by expression and at other times by action. The latter, known as Mut’ah marriage signifies a private and verbal temporary marriage contract. The offer in contracts has long been the focus of attention of jurists for which various viewpoints have been expressed so far. In view of the prominent jurists, the expression of offer and acceptance in marriage contracts is a precondition, although some resort to generalities of the contracts and pertinent traditions to reject conditionality of offer and acceptance to expression. This is because expression in contract is out of question and its validity is inconsistent with the related laws. This paper has studied legal and jurisprudential aspects of Mut’ah marriage with an approach based on Imam Khomeini’s views through a descriptive-analytical method. We have reviewed opinions by Imam Khomeini and other jurists to analyze the soundness of Mut’ah marriage.

Cryonics is one of the emerging issues in medical science, which was first introduced in the 1960. In this way, by placing the human body temperature at a negative 196 degrees, the body is protected and with the advancement of medical science in the future, it will attempt to revive it. This method has created hope for life for the sick. Despite the silence of the laws in this regard, various institutions in several countries, especially in the United States, Russia and Australia, have begun to freeze human beings. The Alcor Institute in America is one of the most recognized institutions. There are also signs of attention to this issue in the precedent of some legal systems such as the United Kingdom and the United States. The main issue regarding cryonics is the legal status of frozen persons from the perspective of life or death. In this article, with the assumption of the live of frozen individuals, the most important legal effects of cryonics, including the status of the marriage, property and current contracts, have been studied. Given the lack of recognition of this concept in Iranian law, in order to introduce and explain its effects we have to use the experiences of the countries that use it practically. In this article cryonics and some legal effects of it is studied with descriptive-analytic method and with regard to American law as a pioneer in this field.

Please cite this article as: Safari N, Bouzari S. Comparative Study of Legal Aspects of Cryonics in Iran and US Law. Iran J Med Law 2020; 13(51): 155-176.