فایزه مقتدایی

Government intervention in employment contracts is a complex and significant issue. On one hand, freedom of contract and mutual agreement between parties are fundamental principles that support individuals' economic and social independence. On the other hand, a lack of government intervention in these contracts can lead to exploitation of workers, inadequate wages, and social inequality. In determining the optional terms of an employment contract, the principle of freedom of will prevails, allowing parties to agree on specific terms. However, for mandatory terms that are considered imperative rules, the will and agreement of the parties are not valid. Labor laws are the primary factor limiting freedom of contract in employment. Another basis for government intervention in employment contracts is the principle of justice and fairness. This principle ensures that the terms of the contract do not infringe on workers' rights and that they receive fair wages. Additionally, parties to an employment contract must adhere to good morals and religious principles, and any agreement contrary to these is void. To promote social justice, alleviate poverty, and create a balance between workers and employers in determining working conditions, the government, based on the principle of "no harm or causing harm," has enacted laws to protect workers. These laws are mandatory, and any agreement contrary to them is unenforceable. Therefore, the government, as the governing authority, plays a pivotal role in determining certain terms of employment contracts. The necessity of government intervention in setting working conditions is justifiable from both legal and religious perspectives.

 In the Islamic system, one of the ways to obtain news or information or court-friendly documents is the use of intelligence surveillance or espionage in the fields of intelligence, security and justice, although in Islamic ethics from a basic point of view in general, it is reprehensible and in terms of In jurisprudence, it is illegal or even forbidden, but in some necessary matters, it is permissible in jurisprudence and morally acceptable.

 Considering the characteristics of the data of jurisprudence texts, which are fixed principles of Shariah and are not variable like the data of studies and experimental field researches, and in general, it is not possible to draw conclusions from its topics with a quantitative measurement, an attempt was made with a meta-analytical approach on the specialized researches carried out on the subject. In recent years, for the purpose of an applied research and the use of related sources with documentary and library methods, while explaining the concept of information search, the two topics of jurisprudential reasons for the permissibility or impermissibility of intelligence surveillance and summarizing the results obtained from them, using the teachings of the fruitful school of Imamiyah, have been addressed.

 In response to the research questions, the findings of the research are compared with each other and by removing the conflict from them, finally by extracting a path-breaking result, to explain the jurisprudential requirements of permissible intelligene surveillance in the Islamic system as the main goal of this research, which is an important part of the principles it is Shariah from the perspective of Imamiyah, it was tried to be presented as a practical approach and model with the aim of optimizing intelligence surveillance solutions for those involved.

Employment and production are the main elements of every country's economy, which leads to its strengthening, prosperity, and economic development. In the present paper, an attempt has been made to examine the foundations and jurisprudential mechanisms ofproduction and employment with an emphasis on knowledge-based economics.

This paper is descriptive and analytical using library method.

Ethical considerations: 

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

Production and employment are not directly mentioned in Islam, but the importance of production and employment can be inferred from numerous verses and traditions. In other words, in the verses and narrations, numerous indications of the basics of production and employment to create prosperity and fight against poverty can be inferred. From this point of view, the use of natural resources (land), labor force and human management are the most important jurisprudential mechanisms of production and employment. Also, the production and application of knowledge, the use of expert staff, double work, proper management of resources, economic jihad and promoting the culture of consumption of domestic goods are among the most important mechanisms for the realization of the knowledge-based economy.

Regarding the role of knowledge-based economy in production and employment and therefore economic development, it is necessary to formulate policies in line with the production of knowledge and the use of expert and efficient forces.

 In today's world, the false satisfaction of human spirituality through false mysticism is expanding. The current research was conducted with the aim of jurisprudential investigation of false mysticism from the perspective of Imami jurisprudence. In this research, which was carried out with a descriptive-analytical method, along with the introduction of emerging mysticisms, jurisprudence and methods of dealing with these deviant currents were discussed. The findings of the research indicated that false mysticism is a way and method or a school that moves in a direction other than reaching true perfection by using mystical methods. Emerging false mysticisms with belief in manifestations of disbelief and atheism, such as dissolution, reincarnation, assignment, immorality, and some of the principles and branches of the holy religion of Islam, have arisen in conflict with the holy religion of Islam. False mysticism, unlike true mysticism with wrong methods, entertains people with worldly and imaginary affairs instead of reaching the truth of the world and God of existence. According to the famous opinion of the famous Imami jurists, there is no Shariah permission for the activity of false mystics. Also, the basics of fighting against false mysticism, "apostasy", and "heresy" are found in the Holy Qur'an and inspired by the life of the Great Prophet (pbuh) and the Imams (pbuh).

obtaining news and intelligence investigation by intelligence agents in the Islamic system is done in accordance with specific and justified purposes and in stages. In this scientific article, with a meta-analytical look at a number of articles and researches conducted in recent years in this regard and using the sources of Imamiyyah jurisprudence, it will explain and define the goals and stages of permissible intelligence investigation in the Islamic system from the perspective of Imamiyyah jurisprudence as a practical model.

Considering the characteristics of jurisprudential texts, it has been tried with the aim of an applied research, the materials using the documentary method and library studies by referring to books, articles and researches and examining and comparing them using the method of sampling in compiling information, the subject of the research has been explored to lead to an approach.

Findings and results obtained from jurisprudential sources and documents, about the cause and why of intelligence, security, and law enforcement officials to investigate information in the Islamic system, based on the central hypotheses of the research, explanation and at the end of these findings lead to conclusions. It has been presented as a procedure to explain the Sharia’s duty of intelligence security agents and to enlighten them regarding the nature of such actions and their correct way. After expressing the views of the researchers in the researches of the last year regarding the investigation of intelligence and the discussion of jurisprudence, the purpose and goals of the intelligence investigation and its place in the Islamic system from the point of view of Imamiyyah jurisprudence, the process of its stages according to the teachings of the fundamentals of jurisprudence and especially the principles of jurisprudence In intelligence matters, it is explained and presented as a practical model of Sharia in correct intelligence investigation for the intelligence officers of the Islamic system.

First of all, it should be said that custom is not a new phenomenon, but it is the same method and continuous behavior among people, which Islamic jurisprudence and law have approved in some cases and rejected in others. Despite this, it is considered as one of the main and practical documents for discovering concepts and meanings. By examining the background of custom, it is clear that many materials have been written about custom in various directions, but it is a matter that has been obscured and jurists and jurists have not paid much attention to it. The validity and non-authenticity of the custom is that there are differences of opinion between Shia scholars and different schools of thought and they have not reached a solid theory about it. In this article, the main goal is to investigate the differences of opinion on the validity of custom in Shia jurisprudence and Islamic schools of thought and to find a reliable and valid reason to prove how Shia jurisprudence considers custom only as a tool to reach the conclusion of Sharia and legal rulings. And the jurists of different schools of thought, including Hanafi, consider the common law to be the authority in all other rulings, except for obligatory rulings, such as: Istihsan.

Jurisprudential rules form the basis of our country's civil law. Accordingly, In this paper, while studying the “al-Kharaj be al-zaman” rule using a descriptive-analytical method, its legitimacy is confirmed by ensuring that the issue of the narration is from a Massoum (AS) due to the existence of similar narratives to the rule, the practice of earlier jurisprudents and non-contradiction with jurisprudential principles. Because this narrative is damaged in the Shiite sources but is well-known in Sunni sources as a Fatwa reference. On the other hand, the difference between the latter and earlier jurisprudents views about the acceptance of a weak hadith clearly reveals the change in the criterion of a weak hadith for the earlier and latter jurisprudents. Because the earlier have considered the confidence in issuing hadith from a Massoum (AS) as the criterion of authenticity. The rule states that the profit is subordinate to the property of a commodity, and the guarantor of a commodity will be profited from the benefits. The concept of “Zaman” in the rule includes two different views. In this paper, while discussing both views, the importance of the aforementioned rule in the economic resilience and the role of taxation in providing economic security are addressed according to Imam Khomeini's governmental sight to the rule. Obviously, the emergence of the emerging issues necessitates the importance of achieving jurisprudential rules in the context of time and place.

Production and employment are regarded as the significant economic issues in any society that have different impacts and consequences. In the present paper, an attempt has been made to study the role of work, production, and employment in the economic growth of society from a jurisprudential view.

This paper applies a descriptive-analytical method, and the library method is used.

Ethical considerations: 

In this paper, the the texts’ originality, honesty, and trustworthiness have been observed.

Much emphasis is placed on work, effort, and production in Islamic jurisprudence, and also production and employment are effective in attaining the economic growth of society by cultivating the land and meeting human’s needs. Economic growth in Islam, however, is not restricted to raising income and includes notions, such as distributive justice and social justice. From this view, production and employment, if they contribute to the realization of social justice, cause economic growth, and vice versa. If it is not effective in reducing poverty and discrimination in society, we could not talk about economic growth.

Economic growth in Islam needs a fair distribution of wealth, and thus, in macro-policies of economic improvement and growth, in addition to paying attention to gross national income, the issue of social justice and distributive justice should be regarded.

The family is the most important social institution in which human personality is formed and influences society. Family members are also influenced by social customs and laws in society. Accordingly, custom has an important role and influence of the family. In fact, custom is one of the effective factors in various dimensions of family law, so that the spread of correct custom and following it will lead to the observance of their real rights, and otherwise, the foundations of the family and thus the foundations of society will be shaken. will be. Therefore, in Iranian law, following Imami jurisprudence, special attention has been paid to custom and its role in the field of family law. Therefore, in this article, the position and role of custom in determining the economic rights of women in the family is examined. The findings of this study indicate that jurisprudential and civil laws in women's financial rights, including: determining the amount of dowry, alimony, dowry and the return of engagement gifts are greatly influenced by custom. This research has been done descriptively and analytically

According to the Convention on the Rights of Women, any discrimination against women should be abolished and women should have equal rights with men, but the humanist, feminist and secularist roots of this convention prevent all aspects of women's rights from being addressed in society. These Western ideas have caused political and economic rights to be considered more than civil and social rights, and this issue has led to double discrimination against women. That is how the construction of rights from women is such that women have established themselves in a position of dependence and only dependence from patriarchy has been transferred to legal institutions such as government institutions. The convention also, with its negative approach, causes a gender gap in the legal system of societies. Because the existing model of defending women's rights in this convention is born of a special type of principles and intellectual principles accepted in the West, which leads to the dependent construction of women in human rights. In other words, the intellectual context of the convention has led to the construction of women And a female identity should be produced in the shadow of a patriarchal view that applies the same structures of domination to women with a different view. This view has meant that, more than half a century later, the Convention on the Elimination of All Forms of Discrimination against Women has failed to achieve significant or lasting results in favor of women.

On August 28th, 1997, a single article consisting of two notes was added to Article 1082 of the Civil Code. According to Note 1 of this single article, "If the dowry is the currency, it will be calculated and paid according to the change in the annual price index of the payment time compared to the year of the contract, which is determined by the Central Bank of the Islamic Republic of Iran." Although the enactment of this single article shows that its provisions are legal, its legitimacy is a matter of controversy among jurists due to the lack of text and suspicion of usury. Some rules have been cited as the basis for the jurisprudential principles of this Article, including the rules of “Zamane yad”, “La Zarar”, and the necessity of observing justice and generalities such as fulfilling [all] contracts (“awfuu bialeuqud”). In this research, while analyzing and criticizing these documents, its legitimacy is proved using a descriptive-analytical method based on the rule of “al-Kharaj be al-Zaman”, which is a narration narrated from the Holy Prophet (PBUH). The rule states that the benefits are the function of property of the sold, and the guarantor of the sold will be profited from the benefits. This rule is applicable to all debt contracts, including marriage. Obviously, reliance on jurisprudential sources is the basic principle in every rule and law.</strong>

In the Islamic Penal Code of 2013, for the first time, the criminal responsibility of the legal person officially entered the Iranian legal system, although before that the Law on Criminal Offenses had spoken of in article 19 of itself, but we should formally consider the penal code as the innovator of this legal basis, on the one hand, because in accordance with Article 4 of the Constitution, all laws and regulations in the country must be based on jurisprudential and sharia standardsFrom a jurisprudential point of view, it seemed necessary to examine the basis of the criminal responsibility of the legal person, since this void was clearly felt in the following laws and also created many negative effects. In this article, accepting the fact that it is possible for a legal person to commit a crime, we have analyzed the quality of the crime committed by these persons and concluded that legal entities, when committing a crime, take the material behavior of the crime from the real person, which is in accordance with roknite theory;,Considering that the behavior of the real person is part of the legal person so that he takes his will from the real person and basically the responsibility is directly on the legal person.

The map of custom in deriving rulings is very serious, so that we can claim that many of the differences in jurisprudence are the result of customary statements. Therefore, the understanding of the Shari'ah evidences for the next generations depends on their understanding of the custom of the time of issuance, and according to this understanding of this issue, they analyze the Shari'a evidences and attack it at the same time.Regarding custom, it has been discussed in the past among the books of jurisprudence and principles such as Sharia al-Islam, Jawahar al-Kalam, Arwa al-Wathqa, Kifayeh al-Osul, Fawaid al-Asul, etc. In the present era, books have been written separately in this field. And has been examined. But what is different in this research is the conflict between custom and custom, which is not addressed in books and articles. In this research, first the meaning of custom and its types are briefly discussed, then we dealt with the main issue of the conflict between custom and custom and the preference of each of them. That is, when and where general custom takes precedence over specific custom. Or when practical custom is preferred to word, we have brought the criterion of preference here.Keywords: conflict, custom, preference, preference

Zimmah that means “religious duty” to us, primarily needs such weights as guarantee, debt, pledge, commitment, obligation and domesticity. In other words, these weights shall be found in human being in case zimmah or duty exists in advance. Zimmah is created with the birth of the human being but does not end with his death. Since its nature is based on credit, it possesses the capacity to survive even after the death of its owner. When the dead one has some zimmah or duty to fulfill, the duties remain for fulfillment after his death by his heir until all is realized. Or someone else may voluntarily undertake fulfillment of his duties. In this case, the duty of the dead person is finished, and this is the end of the zimmah. Zimmah has certain specifications that this study will present in the closing chapter.