فهرست مطالب علیرضا عسگری

In the field of social jurisprudence, the issues of public safety and comfort, especially the deprivation of social security, and actions such as war, which involves frightening behavior and the use of hot and cold weapons, are among the serious issues and issues that Penal jurisprudence has been foreseen and considered for the most severe encounters and punishments, as the Holy Qur'an has explicitly addressed it, along with the discussion of assassinations and assassinations in order to be compatible and parallel with the topics of war. Penal jurisprudence is conceptual and jurisprudential, and it is necessary to regularly re-examine such issues in a comprehensive view of social and administrative jurisprudence and to revise them as a construction rule. The analytical descriptive method has been discussed with library tools.

One of the solutions to the problem of providing capital for the implementation of construction projects is the use of joint investment contracts. The BRT method is one of the joint investment methods that stands for build, rent and transfer. In this method, the project belongs to the government and the investor builds or in other words injects capital, a certain period of time is defined as the period of participation, and if the project revenues are deposited into the account of the host government, during the period of participation, a certain and fixed amount will be paid. The investor receives rent from the government. Of course, it goes without saying that the reverse of this issue is also true, that is, if the project revenues are deposited into the investor's account, a certain and fixed amount is paid by the investor to the investor, and after the end of the participation period, the entire project will belong to the government, and the investor He gives up the place. And the investor hands over the place.

Although there are two theories of selection and appointment among jurists in relation to Islamic governance, but based on rational and narrative reasons, all qualified jurists are the general vicegerents of Imam Masoom (a.s.) and it is necessary that among them one of the jurists who All the necessary conditions, such as knowledge, independence, and the power to run the Islamic society, must be fulfilled and he must assume this responsibility for the implementation of divine decrees. It is natural that if one of the jurists undertakes this duty, the other jurists should support him and not disturb him by interfering in his work; One of the debates in the field of jurisprudence is the conflict between jurisprudence and jurists, which is referred to as "the interference of a jurist for another jurist". Whenever a jurist is unique in an era, he himself becomes responsible for the province and performs his duty in all areas related to the implementation of divine decrees and the administration of Muslim affairs. But if there are many qualified jurists in one era, the question arises, how can multiple jurists in a single era all have the authority and government, which requires the plurality of independent rulers in a single time and place, which is contrary to the way of reasoning and building. It is the governments and if the guardianship and the government are for one person, then the question that can be asked is what will be the fate of the guardianship of the other jurists? The result of this conflict, in addition to being an immoral act, is considered an immoral matter, and it means the interference and opinions of people in matters that do not concern them, which, in addition to psychological damage for themselves, has harmful social consequences. also has; Because sometimes it causes moral vices such as turbidity, enmity, sedition and chaos. Therefore, in Islamic hadiths, this immoral work is strictly prohibited. According to many jurists, the Holy Sharia itself has thought out ways to do things in this field, and in practice such a problem will not occur, and when one of the jurists starts to form a government, citing two Muslim principles of jurisprudence, it is not permissible for others to work. He has interfered and interfered in the performance of his duty, whether it is in the form of interference in the principle of the formation of the government or in the form of interference in some of its affairs; These two principles, one is the necessity of the sufficiency of the authority of the jurist and the other is that it is not permissible to disturb the jurist in one another's work.

Futures contracts (in the form of gold and currency) have provided a modern tool for production and profit-making for traders, becoming a crucial foundation in financial markets. However, the legal and Sharia rulings regarding these transactions have been ambiguous, with some cases falling under fraudulent practices or the acquisition of unlawful wealth. The legal-fiqhi analysis of this subject has lacked a comprehensive background, and no solutions have been proposed to overcome the Sharia obstacles. The innovation of this paper lies in its descriptive-analytical approach, which examines and critiques evidence, determines the legal and Fiqhi position of these transactions, and strengthens the arguments against their gambling nature, speculation, and illegality. Additionally, the paper emphasizes the requirement for the validity of these contracts, which is the presence of genuine and serious intention in the transaction, along with its occurrence in the form of a peace agreement and the genuine intent of both parties in the negotiation. Another objective of this article is to propose a guarantee mechanism for the criminal and legal enforcement of exiting such transactions from the domain of Sharia and law.

Enjoying one third of the average global rainfall, Iran is one of the world’s dry regions. Isfahan province, as an important province in Iran, is not an exemption to this. Hence, the balance between water resources supply and demand in this province should be considered an important approach. Unless the issue of water shortage is understood and acknowledged by community, violence will dominate tolerance and dialogue and the social security of the civil community will be jeopardized. Therefore, water crisis in Isfahan should be acknowledged by community or should considered a social issue to become food for thought.

Based on the conventional procedure in the grounded theory method, the present research has presented the results related to the open coding of the data, as well as the selective and central coding. In order to carry out theoretical and background studies, the library method and data collection tools have been used through data collection, statistical, documentary and descriptive sources. Based on the principle of theoretical saturation, the research experts are 13 people who were familiar with the under-study issue.

The attractiveness of the urban center of Isfahan for living and due to factors such as its demographic developments, the weakness in the decision-making and planning system, the imbalance of resources and consumption, water resources abuse, the dangers of drying up “Gav Khooni”, land subsidence, the threat of rural livelihoods, as well as the damage caused by migration in the cities of the province; and the potential of the problem to become a social problem, have all brought about dissatisfaction and the policing and security crisis. Finally, the governance policies along with social movements, have made the life of the river Zayandehroud faced a challenging issue and has led to regional quarrels and its continuation.

In the present paper, an attempt has been made to examine the guarantee of the wife's financial rights in the relationship between husband and wife from the point of view of jurisprudence and law.

In the present paper is descriptive and analytical and library method is used.

Ethical Considerations:

 In the present paper, the originality of the text, honesty and trustworthiness are respected.

The most important guarantee for the implementation of dowry is the right of imprisonment and the refusal of the wife to obey and the punishment of imprisonment, although the legislator has tried to minimize the punishment of imprisonment in the direction of de-imprisonment. In this regard, only for the dowry under 110 coins, a seizure order is issued. Of course, if the wife has confiscated the money from the husband through the security for the relief sought, even after the decision is final and the execution is issued, she cannot receive the husband's interest from the dowry. Spousal alimony also has a criminal and civil enforcement guarantee.

In addition to increasing the prison population, the criminal punishment based on imprisonment will not have an effect on the wife's situation and will be ineffective if the husband is not financially capable. It is better to impose a punishment of forced labor on the husband in designated and defined centers, and to pay the wages to the wife instead of imprisonment for alimony abandonment.

Criminal security agreements are temporary and numerical agreements; They are temporary because they restrict freedom until the outcome of the trial is determined. Preventing the violation of the rights of the litigants is eliminated by eliminating the conditions for issuing the contract. According to this law, it is supposed to provide different types, including: temporary detention, bail, bail, commitment in this article to the jurisprudential analysis of accepting bail, according to which one person (guardian) against the other party (guaranteed), the presence of a third party (Guaranteed) was paid, and through the collection of libraries it was concluded that if it is possible to guarantee the rights of the victim in other ways, it is an obstacle to the issuance of bail and acceptance of the property introduced by the guarantor is subject to the conditions and facilities of the court for acceptance. It is. The amount of bail and bail should not be less than the damage to the victim in any case.Keywords: surety, bail, defendant.

The obligation of the couple to divorce by the Islamic ruler is one of the important issues of Fiqh and law in the family, and it is significant because it can prevent the spouse from harm, hardships, and fears in the continuation of married life. Imamiyah and Sunni jurists generally agree upon the legality of the obligation of the couple to divorce, but there are some different viewpoints in the cases and conditions based on the foundation and arguments that have been considered for this issue. Shia jurists, based on the verses (of the Qur'an) and narratives, have considered the abandonment of sexual relationships, as well as the abandonment of giving alimony and misbehavior, to be valid requirements for a couple to divorce. However, the Hanafians, unlike other Sunnis, do not consider it permissible to oblige a couple to divorce due to disfavor or inability to pay alimony, and in the case of misbehavior, only Malikiya consider it obligatory to divorce. In the present study, while examining the arguments and cases of obligation of a couple to divorce in the fiqh of denominations, we came to the conclusion that the main basis of the legitimacy of requiring a couple to divorce is the need to negate the harm and fears of the wife. In other words, if the monopoly of the right to divorce, which is in the hands of the husband, causes loss and fears or hardships to the wife in her married life, after the request of the wife, the religious judge can issue a compulsory decree or proceed with divorce by proving the remarkable loss and harm. Based on this, it is possible to generalize cases requiring a couple to divorce to other cases of loss, including incurable infectious diseases of the husband.

Supporting women's rights in all social dimensions is one of the issues that have been the focus of attention and controversy in human societies and divine religions since the beginning. One of these protections is the general protection of the position and rights of women in the time of war, which has been taken into account by the Geneva Convention (one of the most important pledges of humanitarian rights) and Imami jurisprudence. In Article 76 of the First Additional Protocol of the Geneva Convention, the issue of protecting women is raised, and it can be proven in Imami jurisprudence according to specific evidence, such as the narration of the Prophet (S) containing his direct order to "do not kill women" and verse 190 of Surah al-Bagharah about non-transgression and rulings related to Jihad. In this article, we try to examine the overall protection of women in war from a jurisprudential point of view and prove the progressive Shiite thought before the formulation of any international protection laws in recent centuries. Therefore, using a descriptive-analytical method, the paper seeks to answer the question of what is the opinion of Imami jurisprudence regarding the articles of the Geneva Convention on the protection of women during the time of war, in order to determine the full compliance of the Convention with Sharia standards in this regard

One of the most important areas of religious education is religious education. The realization of the religious education of the society requires extensive and complex actions and activities of scholars and educational officials. Parents, educators, scholars, elites, media are among the main guardians and agents of education at the community level; But one of the most important and effective factors of religious education is the Islamic government. This research, which was carried out in a descriptive-analytical method, considers the distinction between religious and non-religious government to be the priority of the people's religious affairs and considers it obligatory for the government to draw up laws in accordance with the requirements of religious education and states that through following the general requirements of jurisprudence as well as Arranging jurisprudential monographs on different subjects, it is possible to reach the necessary legal principles for religious education. Also, by adhering to some words of Masoomin (AS), he introduces the implementation of the laws compiled in the field of religious education as the second duty and the main pillar of the Islamic government, and at the end, he declares religious education at the top of the duties of the religious government. According to the evidence, the Islamic government has mandatory tasks regarding the religious education of the society. The Islamic government can realize religious education in the society through a set of management measures and continuous planned activities, organization, coordination, leadership, control and supervision.

The jurisprudential strategy of enjoining the good and forbidding the evil are practical practices that are among the most important religious duties, and have a special place in the religion of Islam. With the correct implementation of this strategy, a healthy society will be created, far from ugliness and crimes, because enjoining the good and forbidding the evil is the basis of a healthy social education, and also does not leave the individual and society with the public sensitivity to sin. Go to slavery and fall and it is applicable in any situation. This important strategy, by influencing all stages of crime formation, its effect on reforming society, preventing and preventing the occurrence of crimes, as well as its dominance over all social relations, has caused it to have an important place in Islamic criminology. Considering that the mechanism of enjoining the good and forbidding the evil in its nature is based on prevention and public supervision, and has also been considered in non-religious writings, we decided in this article to make a comparative study between this jurisprudential strategy and the theory of broken windows to analyze. Let us pay attention to the differences and gaps in this theory by adapting to the jurisprudential method of enjoining the good and forbidding the evil.

The aim of the research is to examine and match some articles of the fourth part of the 1949 Geneva Conventions and the 1st Additional Protocol of 1977 regarding the protection of civilian places during war from the perspective of Imami jurisprudence, in order to achieve a general achievement regarding the foundations of jurisprudence and the articles of the convention.In this regard, the main question of the research is, what is the view of Shia jurisprudence regarding the articles of the Fourth Geneva Convention and the protocols regarding the protection of civilian places during war?The research method is descriptive-analytical, and in the course of this article, after mentioning the articles of the convention and protocols and the legal description and principles that are provided in the law for support, we have discussed the reasons and principles of jurisprudence and at the end of the compatibility and alignment of jurisprudence and the convention, the following is the result. The research has been mentioned, the results of the research showed that in the Fourth Convention based on Articles 14, 15 and 18 and Articles 59, 55 and 60 of the First Protocol and from the perspective of Imami jurisprudence based on evidence such as verse 190 of Surah Baqarah, civilian places including hospitals, places Religious and all places that are not military targets, including houses, cultural places, and the environment, are protected during wartime, and their destruction and attack are not allowed.

One of the issues facing the world today is economic corruption. Corruption such as money laundering, which requires legal and credible measures and solutions. Today, most countries have resorted to civil credentials to combat moral corruption and reduce legal disputes. But in Iran, this plan is still not seriously and convincingly implemented, although all financial and credit institutions and banks are required to credit their customers, but it should be noted that the use of credit is not limited to finance and the ability to Includes a wide range of topics and issues. Always the fear of being deprived of various services of society, including social, economic, etc., can lead the citizens of a society to the rule of law, and on the other hand, to avoid the crimes that lead to this deprivation and all kinds of legal anomalies and It is socially guided, and it is the case that, with maximum observance of the laws, individuals will benefit from the available resources in a fair way. The present study, with its field and library method, is responsible for expressing the application of the principle of validation and Islamic justice, and what is the goal of Islamic society, which is the development of society and using all resources and facilities for different segments of society in a balanced way and establishing divine justice Yes, this is compatible with the license.

Nowadays, cryptocurrencies have found a significant role in the international economic system, and it is necessary to make a comprehensive plan in this field, both for economic purposes and for macro-legal policies and governance; With regard to this necessity, the present research, by examining and analyzing the nature and phenomenon of cryptocurrencies and their technical dimensions, has analyzed some economic and governance challenges created by cryptocurrencies, and in the following, the components and has analyzed and explained the legal challenges related to them; Also, the jurisprudential status of cryptocurrencies in some Islamic countries such as UAE, Malaysia and Saudi Arabia has also been considered. In the next axis, the policy making and policies related to cryptocurrencies in the European Union and the United States are reported, and finally, in a comprehensive and analytical manner, proposed policy approaches to cryptocurrencies are presented.

Due to the expansion of urbanization and population growth in the present era, the development of cities has faced with several problems. In this regard, various approaches have been proposed to solve these problems and achieve sustainable development, one of the most important of which for balanced and sustainable development is urban prosperity. Considering the importance of this approach as one of the most important criteria for life satisfaction, in this study, a combination of factors affecting urban prosperity with a creative destruction approach in the border city of Saravan was examined and based on that, a model to reach a prosperous city was presented. For this purpose, using the theoretical foundations of research and Delphi technique, the factors affecting urban prosperity with a creative destruction approach in Saravan were extracted and 30 effective factors were selected and Mick Mac analysis was used to examine the relationship between them. The results of the study indicate that the first step in achieving the research goal is to improve the level of infrastructure factors such as access to technological infrastructure, Internet access status and also increase literacy rate, female literacy rate and the percentage of highly educated population because the impact of this Factors are higher than their effectiveness. The probable status of these factors determines the probable status of other factors. Therefore, while improving the level of literacy in society, by providing technological infrastructure, creativity can be strengthened and the level of entrepreneurship and production of creative products and services can be expanded. This not only contributes to the economic growth of the city, but also leads to social justice and creativity in all areas, given the support provided, the expansion of infrastructure and the removal of obstacles.

Adjustment and updating the value of dowry is one of the important issues that is discussed from a jurisprudential point of view. This article tries to examine the important approach of jurisprudence in this regard and how it can be evaluated from the economic point of view of dowry adjustment.

The present type of research is theoretical and the research method is descriptive-analytical and the method of collecting information is library which has been studied by referring to books and articles.

The findings indicate that from a jurisprudential point of view, Adjustment and updating the dowry is a matter of controversy; Some believe that it is possible to adjust the dowry based on the devaluation of money, and some other jurists do not allow the adjustment of the dowry under their definition of money. Among the jurisprudential rules, the rule of deducting a certain obligation, more than any other rule and theory, explains the modification and improvement of dowry. From a legal point of view, however, the dowry adjustment is accepted, and if the subject of the dowry is cash, the wife can request pricing or a calendar at the current rate, as the cash loses its value over time.

In different stages of writing the article, ethical and scientific principles have been observed.

The most important economic dimension of dowry adjustment is economic fluctuations and a sharp decline in the value of money in society, which has made dowry.

The purpose of the religion of Islam is to provide the human’s prosperity in this world and the hereafter. Therefore, Allah has provided the human with necessary commands in all areas. If each of these orders and laws are properly and fully implemented, it will lead to the reduction of social injuries. Since promotion of good and prevention of evil set the ground for healthy social education, it is an effective mechanism in preventing social injuries through creating a sense of authority in various social ties. In addition it creates a general sensitivity against sin and prevents deviation. Therefore, many social injuries are spread across the society because these two religious obligations are neglected and the different classes of people feel indifferent and irresponsible against social injuries. This paper, while investigating the role of promotion of good and prevention of evil as a jurisprudential strategy in reducing social injuries, discusses a number of solutions to promote and restore these two divine duties in the community. This study aims at identifying the effect of these two religious obligations in reducing social injuries which will lead to their practicing and promotion. As a result, the abnormalities and deviations in the society will fade and disappear. This research uses descriptive-analytical method and library study to collect data.

One of the most important areas of education is religious education. Belief (cognitive), devotional (behavioral) and moral education is a subset of religious education. The realization of religious education in society requires extensive and complex actions and activities of educational actors and custodians. Parents, educators, scholars, elites, the media and the government are among the main custodians and agents of education at the community level. One of the most important and effective factors and custodians of religious education is the Islamic government. This research, in a descriptive-analytical and ijtihad method, has proved the principle of duty of the Islamic government towards the religious education of the society with general evidences and rules, rational and narrative evidences - Quran and narrations. According to the arguments, the Islamic government has a mandatory duty towards the religious education of the society in the obligatory doctrinal, devotional and moral duties of the people, and in non-mandatory duties, it has recommended duties. According to this research, the Islamic government can achieve religious education in the community through a set of managerial actions and continuous activities of planning, organizing, coordinating, leading, controlling and supervising.

In different communities, the characteristics of population have influenced the sovereignty and security, and functions as an important factor. Just as the size of the young population in terms of age and type of activity can provide workforce for the country, or the size of the elderly population can have a large financial burden to maintain them, demographic characteristics such as level of education and skills and the like -which are mentioned in the context of human capital- can also have positive and negative effects on society. Since population is one of the important factors in national sovereignty and security, the present study examines the relationship between population and national sovereignty using descriptive and analytical methods in the context of demographic changes in Iran. According to the findings of the research, currently Iran with a population of 78 million people is considered a regional and a global middle power. However, due to the gradual decline in total fertility rate in Iran, there is concern that Iran will experience negative population growth, resulting to an elderly population, which is arguably a danger to Iran's power and security in the region.

The mechanical (tensile strength and modulus, bending strength and modulus), humidity (water absorption and thickness swelling) and biodegradability properties of wood-plastics produced from polypropylene and poplar wood-flour (wood flour in three levels of 0, 20 and 25 percentage) in the presence of starch powder (at four levels of 0, 5, 10 and 15 percentage) are assessed as a bio strength agent. The material mixing process is run in two stages of applying an extruder machine and applying an internal mixer haake machine. The mechanical and humidity tests specimens are produced by mold injection method and the biodegradability test specimens are formed by hot press method. The tests are run according to standards and procedures. The results indicate that an increase in weight percentage of wood-flour in the composition, increase the mechanical strength, water absorption, thickness swelling and biodegradability of composites. An increase in weight percentage of starch powder in the composition, increase the bending strength and modulus, tensile modulus, water absorption, thickness swelling and biodegradability of composites, while decreasing the tensile strength. Additional studies run through the scanning electron microscopy indicate that by adding wood-flour and starch powder to the composition, the intensity of biodegradation increase at the surface of the specimens. By adding starch powder to the composition, the starch powder particles fill the cavities in the composite structure, thus a reduction in the volume of the pores in the composite structure.

Hearsay evidence, including alternatives to evidence of substantiation and and from the background of legal testimony, which the provisions of 1320 of the Civil Code and 231 of the Civil Procedure Law are subject to acceptance. In the legal system of Iran, following the jurisprudence and signification of the words of the jurists, the following arguments were fixed but due to the plurality of expression in this field, it is essential to explain and respond to these issues. The authenticity of in Shi''''a and Sunni jurisprudence also indicates its development. In Sunni jurisprudence, the development of hearsay evidence is martyred. In Shiite and Sunni jurisprudence, the only difference is the acceptance of the hearsay evidence, the precaution and attention to the religious provisions that it is not acceptable , Which is mentioned in Sunni jurisprudence And only in al-Maliki''''s jurisprudence is the authenticity of hearsay evidence in your everyday affairs. Hence, the development of more than a tradition for hearsay evidence which is not accepted in Islamic law.Also in the context of the restricted of Hearsay evidence, the criterion in Sunni jurisprudence is the torment of presence But in Shi''''a jurisprudence it is a hardship to testify. The specific approach of this study is to examine the proper criteria for the hearsay evidence and to circumvent legal liability in accepting hearsay evidence as one of the alternative evidence of substantiation.