فهرست مطالب سید ابوالقاسم نقیبی

Islam has also set special laws regarding the individual and social rights of man.
One of these laws which is the right of a muslim whose blood has been wrondy spilled is nemesis and payment of blood- money, which is required for first degree murder and manslaughter.
In Islam, frist degree murder has been defined under six headings. These headings consist of one-hundred camels, two-hundred cows, one-thousand sheep, one- thousand Dinars, ten-thousand Derhams, and two- hundred"Helleho", Furthermore, in the true religion of Islam, nemesis for harm to loody parts, profits, and the senses is also required.
From the past until now, religious experts and scholars have analysed these points, andimportantissus have been set forth, Hence, this study looks, into the analysis of these points.

The main characteristic of Islamic government is the rule of divine law over people. The rulers are bound by the set of conditions in the implementation and administration of the government that are defined in the Holy Quran and the Sunnah of the Holy Prophet (PBUH). One of the subjects of the Islamic government is the way of dealing with non-Muslims in interactions within the government, which is undoubtedly the best model in this field is the interaction model of the Holy Prophet (PBUH) and the innocents (PBUH). In this article, an attempt has been made to explain the principles and foundations of Shia jurisprudence (which are the distinguishing conditions of the Islamic government and other governments in interaction with non-Muslims); Therefore, this research first focuses on the explanation and investigation of the Quranic principles and validity of interaction with non-Muslims, and then deals with the approach of dealing with non-Muslims from the perspective of intellectuals. Finally, it will deal with two theories and approaches of dealing with non-Muslims in Shia jurisprudence, one based on the theory of interaction and the other based on the theory of non-interaction with documentation. The author of this research has tried to prove by using the descriptive-analytical method that the approach of the Islamic government's evolutionary confrontation with non-Muslims is derived from the Holy Qur'an and the Seerah of the Innocents (pbuh) and is based on important jurisprudential and principled rules, not just a tactical point of view and Temporary and intermittent.

Based on the famous opinion of jurists And the majority of lawyers, the first principle in seizures on other property is based on the guarantee possession And all kinds of domination over the people's property have been condemned to liability of unlawful possession and the order of special rules of usurpation considering the pure obedience of the legislator in enacting Articles 301 to 327 of the civil law, accepting the well-known opinion of the jurists in a general or general manner, this extremist view has been seriously criticized by the commentators of the civil law. And basically, the application of the rules of usurpation to non-aggression, in which the basis of possession and domination is based on ignorance of truth and error and lack of malice, is in clear opposition to the principles and rules of justice and fairness and the requirement of the principle innocence. Therefore, in this article an attempt has been made with the help of scattered jurisprudential and legal opinions and related legal materials in order to modify the popular opinion and explain the responsibility of non-aggressors based on the use of other sources of coercive guarantee take a step.

 Artificial intelligence technology is one of the wonderful achievements in medical engineering sciences. It allows surgeons to perform many types of complex procedures with less invasiveness and necessary precision than is possible with conventional techniques. In contemporary world, while robotic surgery using artificial intelligence has brought unmatched benefits to humanity; but in some cases, it makes strategic mistakes and causes serious injuries to the patients. The current research aims to investigate the responsibility of the devices and factors involved in intelligent robotic surgeries from the perspective of jurists.

 This research is organized based on the descriptive-analytical method and by referring to library sources through data collection.

 The findings show that the use of artificial intelligence for therapeutic purposes in robotic surgeries is currently not established in medical practice. It is still in its initial stages and its risks are sometimes hidden for experts. Since following the recommendations of artificial intelligence in this situation, is dangerous for patients; therefore, it will not disclaim responsibility for the causes and factors related to the intelligent surgeon robot. As a result, the researchers have considered the viewpoints of attributing responsibility due to prior and late, as well as the viewpoint of strong cause and the viewpoint of conventional cause, to be ineffective in this regard, and they emphasize that the viewpoint of equal responsibility in terms of strict supervision and the establishment of new laws and criteria such as determining the effect of devices on the damages for the patient, as well as the mandatory insurance plan and the compensation fund along with the necessary warning mechanisms, is justified as a preferred opinion in compensating possible damages caused by robotic surgeries.

In the attitude towards the original institution of the family, there are three theories: individual authenticity, community authenticity and individual and community authenticity. In the perspective of the individual authenticity, the rulings, duties and rights of spouses, parents and children to each other are studied and the collective nature of the family is neglected; In the perspective of community authenticity, the family is studied as the subject and the members are not discussed independently. The main goal of this attitude is to protect the family institution from the sting of selfishness at the cost of reducing individual freedoms. In the approach of individual and community authenticity, both of individual and social dimensions of the family is important, and in addition to the importance of the members, its collective nature is also considered. In this view, works such as independent life from individual life, independent rules and traditions, and the independence of individual's actions on the family are arranged. By referring to the books and laws related to the family, we find out that until now, the one-sided attitude has prevailed; However, this attitude leads to bad effects such as accelerating the loss of independence of families in the new civilization, reducing the population, integrating the roles of the family in society, removing the boundary between home and society, and breaking up the family. In the works of late jurists, the organizational nature of the family has found its supporters, and with the weakening of the theory of individualism, most of the theories have been directed to the benefit of the family, where the roles of marriage and parents are integrated into a whole. This research, with analytical-descriptive method and by collecting library data, deals with the legal examination of the family institution in the light of community authenticity. The result of this new approach in legal studies will be the evolution of family law.

 Testimony as a proof of a lawsuit is a common feature of the jurisprudence and law systems of Iran and Egypt. And through the comparative understanding of its jurisprudential, legal and penal works in the Imami jurisprudence systems and the laws of Iran and Egypt and introducing the weaknesses and strengths of each of them, this important goal was achieved.The findings of the present research, which was conducted in a comparative manner for the first time and in a descriptive-analytical method, show that forced martyrdom in Imamiyyah jurisprudence and Iranian and Egyptian law has common effects, which can be used to determine the order of effect before issuing a verdict. It and the punishment of a witness by force and for after the issuance of the verdict, violation of the verdict, compensation for damages, resumption of proceedings and the punishments corresponding to the crime resulting from the witnessing by force, which in Iranian jurisprudence and law are ta'zir, hudud, retribution and diat, and in Egyptian law, the punishments are proportional to It concluded misdemeanor crimes. Another comparative finding of this research is the special attention of Imami jurisprudence to the punishment of defamation as well as dealing with family law issues such as divorce and marriage, which are considered to be one of the strengths of this legal system, and the absence of these positive works in the laws of Iran and Egypt is one of the shortcomings and weaknesses. The two mentioned systems have been concluded.

The current age is full of regional wars in the Middle East and defending the land and frontiers of Islamic Republic of Iran based on geostrategic theories is not restricted to the national geography of this country. The question of how to defend the country at this juncture is an issue of contemplation by the legal and political circles and thinkers, i.e. diplomacy and action. This paper, developed through an analytical-descriptive method and by using library tools has come to the conclusion that a glance at the jurisprudential fundamentals indicates that self-defense, i.e. use of force to avoid damage is obligatory. A clear example of this is the use of force for defense as exception to the principle of prohibition of resorting to force. Of course, jurisprudential approaches toward the issue are sometimes accompanied by differences. The necessity of jihad for defense is not conditional to the decision of the infallible leader or his private or public vicegerent. However, with the presumption of formation of a powerful Islamic rule headed by just and obedient leader, if possible and in case of lack of serious damage for delay in defense until legal permission, defense at the permission and based on the decision of a legitimate leader will be permissible upon his discernment. This paper, reviewing differences in opinions over the issue, intends to clarify self-defense in view of Islam as well as its jurisprudential fundamentals, the extent of jihad for defense, including defense of Islam against conspiracies of the enemies, defending the land and territory of Islam, defending Islamic states, defending Muslim citizens of Islamic states and other believers, and finally terms and restrictions of jihad for defense, concentrating discussion of the issue on Imam Khomeini’s viewpoints.

Expediency plays a fundamental role in the legislation of religious precepts and Religious edicts have been legalized considering expediencies and corruptions. As government orders are directed in providing social expediencies, they are of special status. Expediency has played a valuable role in actuality of the guardianship of Islamic jurist and they are in a close relationship. Various authorities entitled to the sharia ruler facilitated compatibility of Islam with emerging needs. Governing social affairs requires decisions not limited to secondary sharia rules, and the ruler issues orders and precepts different from the original ones of which expediency and corruption are found by the guardian of Islamic jurist who is also the ruler of society. The present research aimed at explaining the status of expediency in the theory of guardianship of Islamic jurist. Through analyzing the role of expediency in the theory of guardianship of Islamic jurist, the present work tried to review the basics and the main foundation of the issued rules by the guardian of Islamic jurist, and the tools for access to social expediencies.

The ruling of the conditions is among the various jurisprudential rules which has the base part of some rules and provisions of family law governing the whole country. Based on this rule, the couples must be commited to conditions written in marriage law texts. The jurists have controversial idea about the validity of initial constructive additive rules. This article hs about the validity of initial, constructive additive rules. The validity of additive (Eg-haghi) rules has the seal of the Qur'anic source. In this article, while criticizing the arguments against the Sharia, the principles of jurisprudence, the legitimacy of the conditions of origin, the basis and attachment of the marriage contract, opinions, is being evaluated legally and jurisprudentially.

The family is the oldest social institution known to mankind, nevertheless, the analysis of its nature is one of the complex and controversial issues among jurists, and it is disputed in the law of different countries. This research aims to explain the family with the focus on texts and sources of jurisprudence and law of Iran and examine the family as an independent entity. The research method is analytical-descriptive and data collection was done through library resources and it has a practical dimension as well in the field of law reform. The research findings indicate that Iranian jurisprudence does not recognize the independent legal personhood of the family, but it has considered it an independent nature and separate from its members. In other words, the family is an independent institution, therefore, it is said that the totality of the family is not equal to the sum of its parts, but this network is the continuous influence of the relations of the members, which add to the complexity of family identification. The result of this new approach is that the family has laws separate from the laws of its members, and some of them include: the right to privacy, the right to spiritual dignity, the right to support formation, consolidation and excellence, the obligation to preserve the family etc.

Tamkin in a specific sense is one of the sexual rights of the husband, and Tamkin in the general sense, in addition to sexual rights, is one of the requirements of the husband's dominion over the family, and the wife's disobedience in the literature of the jurists indicates disobedience. Considering the change in lifestyle and changes in couples' relationships, the question arises whether obedience and disobedience have changed in terms of concept and application? Undoubtedly, obedience is one of the signature rights and, like the founding forgery, it requires forgery from the Shari'a. While identifying the usual obedience and signing it, the Shari'a strengthened the relationship between the couple and the family institution with an appropriate legal mechanism. The stability of the marriage and the institution of the family is affected by several components, and obedience is one of those components.In this research, with a descriptive and analytical method, it is emphasized that obedience in the general sense has changed in accordance with the requirements of the time. Therefore, despite the wife's social activities and employment outside the home, the husband is required to give alms.

Privacy is a set of beliefs, practices, behaviors, characteristics, and circumstances of any person that is not obvius to public and he or she is reluctant to disclose it and reacts to others' intrusion or supervision. This is one of the most fundamental instances of citizenship rights that must be recognized by people and legislators. The family, as an institution with credits, reputations, dignity, rights and various responsibilities, has a privacy that the public conscience does not tolerate its violation by real and legal individuals. This study with descriptive- analytical method and by collecting data through the libraries has explained the concept, examples and jurisprudential and legal documents of family privacy. The results showed that family privacy consists of spatial privacy, information privacy, dignity privacy and independence of the family institution.

The religious government seeks the help of special rules in governing its society and political system, including expediency.Ignoring the natural and religious interests of individuals is not compatible with the principle of legislation and is not satisfied by the lawgiver, the issue of maintaining the system as a religious obligation has been emphasized in various jurisprudential chapters,and this ruling is indicated by all the main and secondary arguments and principles of the Sharia. One of the findings of this article is that maintaining the system and the obligation to save lives is the intention of the Shari'a (religious lawgiver),but in the position of obedience and in times of conflict, the most important interest is carefully preferred to the goals of the Shari'a. The legitimate ruler recognizes the most important thing,which is more expedient,and implements it in the form of government decrees.Maintaining the system based on rules such as the most important rule,the rule of maintaining the system,preventing disruption of the system takes precedence over the expediency of saving lives.This article has been done with the aim of recognizing the relations between the expediency of maintaining system and saving lives in the shadow of describing and analyzing jurisprudential proposition.

Heresy means introducing what is not from religion into the realm of religion, it is considered undesirable and forbidden. On the other hand, because people have intellect, authority, creativity, to improve the quality of life, always have better ideas, tools and methods to meet the needs. They enter social and economic life, and as a result, the requirements of the social and living environment change in each age and time, and the ideas, customs and traditions of the believers and the lifestyle of the believers are also affected by these changes. It penetrates into religious traditions and mixes religious traditions with heresies. Hence, in the history of Islam, Muslims have been faced with the requirements of the age and time with caution and sensitivity.For example, some Kharijites were of the opinion that one should adhere to the religiosity of the prophetic age, and any difference with that religiosity is considered heresy. Also, some Salafis considered the beliefs and traditions of the first three centuries as religious beliefs and traditions and fought against any new thing. Truth gives originality to new ideas and insights by linking new religious knowledge with religious teachings and teachings, so religious and jurisprudential modern thinking and its results can not be considered heresy.In this article, by gathering information with library tools and using descriptive and analytical research methods, the boundaries of heresy from religious and jurisprudential modernism have been obtained, and only those categories of heresies that contradict the indisputable religious teachings of the Islamic Ummah are heresies. It is counted.

 One of the types of research and actions in the field of human genes is gene editing for the purpose of treating diseases. By discovering a new technology called "Crisperx 9" or gene editor, specialists could treat and save the patient's life by removing or editing undesirable and pathogenic genes in the body. Because genetic is the origin of many human diseases; the research on the jurisprudential decree of a tool that is able to modify genes is an inevitable necessity. This article analyzes the statements of agree and disagree jurists and presents a moderate point of view with the aim of studying the jurisprudential decree of genome editing for therapeutic purposes.

 The present research has organized by descriptive-analytical method and reference to library sources through file collection.

 The jurists have different opinions on jurisprudential decree of using genome editing technology. The authors concluded, by considering the evidence, that the necessary changes in the human genome with the motive of treatment to the extent that it provides the means for his physical and mental improvement and does not cause any significant damage, has no contradiction with the divine creation and its permissibility can be justified by citing arguments such as the principle of obscenity, the necessity of self-treatment and self-preservation, the rule of consolation, the presentation of secondary titles, and the encouragement of religion to conquer and discover divine traditions.

Development and expansion of uncontrolled social networks has become one of the most important concerns of families and academia as well as the religious leaders. Expanding the subject and considering the misleading books and the orders concerning the same and their distribution in the cyberspace, studies the liability of the resenders of the concerned content. The paper employs library method in collecting the needed data and is descriptive-analytical. Distribution of the misleading books in the media and cyberspace is punishable by itself and, therefore, the liability of the re-senders of such content are considered to be same as the main author and depends on the quantity and quality of the sent and distributed content and the intent and legal elements as well as actus reus and mens rea of the same. Therefore, all the liabilities of the original producer of the content are applied to the re-sender as well. The liability of the original producer and sender and the re-senders depend on the number of the groups and these people are responsible towards the damages incurred. Noting that not all the damages by misleading media could be compensated for, and that the Haqq al-Nas (what is due to men in contradistinction to what is due God) are to be compensated for with the owners of the media, supposing that the owners are not known, secondary verdicts including general cultural obligations and religious enlightenment activities could be issued