فهرست مطالب محمدجواد ولی زاده

In line with regulating the the virtual space with the purpose of taking advantage of its capabilities and preventing its threats and damages, numerous laws and documents have been enacted, various legal structures have been formed, extensive budgets have been allocated and significant measures have been taken, but overall, the expected goals have not been realized and the desired results and effectiveness have not been observed. Therefore, this article as an analytical-descriptive research, using with the method of library collection, attempts at finding the answer to the question that what are the gaps, problems or shortcomings that cause the relevant laws and measures to be ineffective or even ineffective and the virtual space not to be duly and appropriately regulated and organized and has resulted in continuation of disorder and chaos? The conducting of this research is a step towards the pathological review of the programs, laws, approaches, priorities and costs and will lead to the effective reorganization of capacities. It will also strengthen hope and motivation in the group of responsible and responsible agents, as the lack of such research will open the way for the continuation of wasting financial and human resources and carrying out fruitless actions. The findings of the research show that the challenges of: "not regulating and organizing the national information network", "not using smart filtering", "weakness of the internal media messaging applications", "problems and obstacles to the effectiveness of the Shahkar system", "freedom of circulation of VPNs and lack of effective actions against the with offending blogs and websites", "lack of foresight regarding the problems of virtual numbers", "Lack of control of domestically produced videos", "inconsistency of the bodies in legislation and implementation and lack of a central management headquarters ", and "the predominance of negation approaches over affrimative approaches in the organization of virtual space" have caused the continuation of disorder, the failure to control the social harms and its spread. In this research, the suggested operational and practical solutions for getting out of the current situation have been explained.

This research sought to identify the obstacles of non-mosque youths' communication with the mosque. The goal was to find non-mosque youths beyond the mosque youth who have a close and close relationship with the mosque, in order to remove and correct obstacles and strengthen and promote positive factors, to establish and increase the non-mosque youth's relationship with the mosque.This study was applied in terms of purpose and quantitative in terms of execution method. The research population was young people aged 15 to 29 years old in Tehran, and the probability sampling and clustering method was used. The research tool was a questionnaire with a total of 31 questions. The validity of the questionnaire was confirmed using the "preliminary test" and Cronbach's alpha was used to calculate the reliability.The research indicates the existence of fourteen obstacles (prioritized by Fareed Man's table) and three positive and effective factors regarding the connection of young people with the mosque. According to Friedman's ranking of the factors "dry or insincere behavior of the imam of the congregation and the worshipers with the youth", "the presence of the imams of the congregation unattractive to the youth (in terms of morals and behavior)" and "the presence of moral injuries and anomalies among the youth". According to the respondents, the most important obstacles to the connection of non-mosque youths with the mosque are.The findings are consistent with the findings of previous researches, and the effect of the mosque's functions not fitting with the current needs of the people as the reasons for the silence of the mosques, as well as the effect of activity programs, honoring teenagers and young people, giving responsibility and encouragement, in increasing the communication of young people with approves the mosque.

Although the law "Tax on Luxury Houses" was approved in the Islamic Council in 2019, the debate about its legitimacy is still ongoing in scientific and executive circles, since this issue is one of the newly created issues and, of course, a part of the book. And there is no tradition and sayings of jurists in this regard, and therefore it is necessary to convince the audience (owners of luxury houses) and ultimately public opinion regarding the legitimacy and necessity of this law, and explaining the legal foundations of this law increases the strength of the guarantee of its implementation.This research was conducted with the aim of investigating the legitimacy of the tax on luxury houses, which is analytical-descriptive and library collection method. Its findings indicate the legitimacy of the "Luxury House Tax" based on valid jurisprudential reasons. The rules of "No Harm", "Government Order", "Sirah Al-Aqla" and "Rule of Reason" are among the reasons to be mentioned in the legitimacy of "Luxury House Tax".

This article aims to provide anthropological foundations for achieving a desirable lifestyle by investigating the causes and internal factors of human action from the perspective of Ayatollah Javadi Amoli. Using descriptive, analytical, and implication research methods, the study examines the concept of "human" in "human lifestyle" and "human act," which refers to a level of desirability based on the superiority of human dignity over other beings. beings possess cognitive faculties organized by senses, imagination, illusion, and intellect. In addition, a structure of attraction and repulsion with varying degrees exists within the human being, which shapes their desires. The combination of these structures in the human heart creates a system of preferences that ultimately leads to providence. Human action that is motivated by desires is similar to that of animals, while human action that is caused by reason or definite transmission is different from that of animals. Verbs, by becoming relatively stable behavioral patterns, serve as the basis for realizing a lifestyle that can be deemed "human" or "animal." This study employs Ayatollah Javadi Amoli's perspective to explore the internal factors that influence human action, leading to a desirable lifestyle. The significance of this research lies in its contribution to the anthropological foundations of achieving a desirable lifestyle. The study provides insights into the internal factors that influence human action and how they can lead to a lifestyle that is worthy of the adjective "human." This research has implications for promoting a more humanistic approach to life, which can contribute to a more just and equitable society.

The purpose of the present study is to recognize positive factors as well as influential impediments to the relationship between young adults and mosques. Thus, by focusing on mosque-going youngsters in Tehran, it deals with effective factors and impediments to the sustenance or improvement of the relationship between this group of youngsters and the mosque. The purpose of the research is practical and its method of implementation is quantitative. The research population consisted of 15 to 29 year-old-young adults in Tehran. To determine the research sample, probability sampling and clustering methods were used. The research instrument was a questionnaire. The validity of the questionnaire was confirmed by the “basic test” in two phases of “informal and formal pre-tests” and Cronbach’s alpha was used to assess the reliability of the measurement tool. The results showed that “favorability of Imām Jamā’at” is a central factor among the causes which enhance the youngsters’ relationship with mosque while the triplet factors including “favorability of mosque’s building and facility”, “families and young adults’ access to useful and attractive cultural products”, and “presence of famous figures in the congressional prayer” have the least effect. The findings of the present research confirm the effect of lack of compatibility between mosque’s functions and people’s current needs as a cause of less crowd in mosques and the direct relationship between teaching the prayer and the presence of young adults in the mosque as well as the direct relationship between suitable place, time, and physical facilities and participation rate of young adults.

Examining the jurisprudential reasons for "vacant house tax" is an important step in the conclusion and implementation of the tax law on empty houses, as is the purpose of this analytical and descriptive research, which is a library-type method of collecting information. On the other hand, despite the importance of this issue, the entry of jurisprudence researchers in this field even after the Islamic revolution and the formation of the Islamic government was very weak and weak, and therefore this research is completely new and innovative.
The findings of the research indicate that the juridical legitimacy of the "vacant house tax" can be proven with three reasons: a) the approval opinion of the ruler of Sharia (with legal approval and the approval of the jurists of the Guardian Council). b) With the reason of "reason" through examining the aspects of the issue in terms of real advantages and disadvantages. c) The rules of "harmless" and "harmless", by proving the loss and harm of the absence of tax on an empty house.
Generalities and principles such as "be faithful to the contracts", "Muslim fulfills his condition" and "principle of correctness of action" are unable to prove the jurisprudential legitimacy of "empty house tax". As the arguments of the opponents under the heading 1- conflict with the rule of subordination and property rights of individuals 2- conflict with the rule of the need to protect the economic and social order and prevent system disruption, are weak and they do not have the power to contradict the supporting reasons.

One of the conditions for the correctness of endowment is to have a legitimate ownership, objectiveness, ability to possess and eternality of the object of endowment. On this basis, the correctness, the opponents of the correctness of moral rights endowment have cast doubts over the possibility of endowment of moral rights – which according to its functions is one of the important issues in the area of social and economic issues.
Of course there are also advocates for the endowment of moral rights whose reasons are mainly general, pervasive and beyond endowment and have judged the conditions under dispute as unacceptable fully based on rules and principles which are not aimed at endowment. These evidences basically cast doubt over the obligations of conditions under dispute.
In this analytical-descriptive research, through criticism and review of the evidences of both pros and cons, this result has been obtained that the general evidences of the pros are unable to neutral the conditions under dispute and in other words, through this way, it is not possible to prove the legitimacy of the endowment of moral rights, but due to the fact that faults made by opponents are not acceptable considering A)the philosophy of forging the disputable conditions in endowment and B) revision in their concepts, so the correctness and legitimacy of the endowment of moral rights are proved.

The legitimate property of commodity (sold things or the subject of sale) is one of the stipulations of the validity of transaction. Therefore, there is disagreement in possibility of conducting intellectual rights from the view of conventional and religious property. It is necessary to study the legitimacy or validity of the principle of the intellectual rights because it is apparently contrary to principles and rules such as control (taslit). Meanwhile gathering and studying the opinions of the scholars, the following paper has resulted that the Islamic jurisprudential nature of the intellectual rights if it is an emerging subject, its validity according to the principle of the validity and public rules of contracts is proved. Meanwhile proving the neo-intellectual rights, it is possible to achieve the legality of the intellectual rights by using the conducts of wise men according to some statement. But if it is not new, according to the position of convention in the change of issues and decrees and lastly in the form of a clause (a condition within a contract) -negative condition- it is provable the legitimacy or validity of it. After proving the legitimacy of the principle of the intellectual rights, it can be resulted its conventional property like finances of many other customary rights among people. Because there is conventional and intellectual criteria and parameters for lawfully permissible benefit of properties according to Shari’ah in it and it is accepted by God. Therefore, the intellectual rights from the point of lawfully permissible benefit according to Shari’ah has no problem. The most notable achievement of this research is proving neo-emerging of intellectual rights as it is conventional impossible to be in the time of the Holy Legislator also establishing parameters of lawfully permissible benefit of properties according to Shari’ah and be accorded with the intellectual rights with these parameters.

Endowment is one of the important social commands in Islam، one of the terms of its accuracy is having religious rights، concrete objectivity، the capability of handing over and delivery and the eternal nature of the endowed object. On this basis، difference in views have been expressed on the possibility of endowing intellectual rights. The present research is literature review and has been carried out by collecting and studying the views of researchers، while reviewing the process of deduction and extraction of the terms in endowment conclusion. The existing and ultimate philosophy of the terms subject of argument have proved the accuracy of endowing intellectual rights. Basis: First،intellectual right is an eligible rightwith religious and conventional ownership. Second،the condition of concrete objectivity means having a sustainable «principle» with the capability of being used and the philosophy underlying this mention is to take away the false attribution of endowment; that is benefits and liabilities،from endowment circle; third، the condition of handing over is the relativity of its and method proportion to different objects in terms of domination over the object of endowment for the purpose of benefitting from the endowed object and physical or non-physical delivery is not the issue in this. Fourth، the term of confirmation in the concept of eternality of the essence of endowment contract،remaining as endowment and no claim of the endower to the object of endowment and the conventional sustainability of the object of endowment as the essence is not vanished in the process of benefitting.

In religious sources, it is highly prohibited to estimate the time of the Appearance; whether to determine it exactly, or approximately and imprecisely. Even we are ordained to refute those who proceed to do so. In this research paper, we are going to analyze the issue of “estimating the approximate time of the Appearance”. Those who forbid it refer to the content of some narrations. But those who permit it claim that to guess the approximate time of the Appearance is out of the realm of these narrations. However, those who are against them assert that the meaning of these narrations are general. They refer to the real meaning of “time” in dictionaries and with the help of a sort of principles of jurisprudence and that there is no evidence to say those narrations are limited to just exactly determining the time, claim that based on the “principle of generality”, which is an undisputed intellectual principle, one has to cling to the general meaning of these narrations which state that all sort of setting a time for the Appearance, be it even approximately, is forbidden.Furthermore, to act in accordance to the general meaning of these narrations will gain more meaning if we consider that not only is not there any evidence to make the general meaning of these narration limited, there are some proofs stating that it should not be limited either. Some of those proofs are as follows: 1. Narrations declaring that the time of the Appearance is subject to change2. That the time of the Appearance would arrive abruptly3. That to determine the time accompanies corruptionIn accordance to the narrations, one has to think that the time of the Appearance is not far from him and one has to be prepared for this great event physically and spiritually. Those who want to spread the culture of Madiism and awaiting should focalize their effort on the subject of awaiting, try to enliven the attractive feeling of awaiting, remind people about the traits that one who waits should possess, and avoid discussing about baseless or sometimes aberrant issues.

In the recent decades، the discussion of «»fungibles«and» non-fungibles«while standing for surety and meeting one''s responsibilities and financial liabilities and taking the currency depreciation into consideration has been one of the most challenging jurisprudential debates. Both of the proponents and opponents of the theory of compensation have resorted to the very element. And due to their difference in foundations of reasoning they however referring to one specific element drew fully different conclusions. The presented theories can be set up under five important notions whereas we have chosen the theory that the currency is to be dealt with as fungibles in regard to its real value. In accordance with the preferred theory and in order to compensate the real worth of money we have to study it in the three following cases: A: changes occur along with the reaction of the custom (In this case the common law believes that when one receives loans and then repays his debt، the value of money differs in these two times، So he cannot arrange a logical and rational relation between the values of the money at these two times). B: changes come without reaction form the custom side. C: changes take place without having a clear picture of the reaction or non-reaction of the custom. The conclusion we have drawn is the permissibility and necessity of compensation of the real value of money in the first case andin the second case the same genus commodity or amount based on the nominal prices has to be given. In the third case there is no need for paying extra amount to»fungible«commodity or amount though to compromise suits best with precaution.

There are a large number of jurisprudential issues which the divine law giver has not clarified their significations nor their extensions, hence referring them to the prevailing custom. One of these issues is token money and its depreciation. Such concepts astoken money, depreciation of money, settlement of the debt, and demanding extra are all matters of prevailing custom and their significations as well as their extensions are referred to the prevailing custom. The question is whether in case of settling along- term monetary liability concurrent with the depreciation of money, the nominal value of the bill, i.e. the figures inscribed on it, should be taken into account Is this idea supported by the prevailing custom and behavior of the reasonable? Or it isnecessary to consider the real exchange value and the real purchasing power of the amount borrowed? In spite of the dominant view of jurisprudents concerning the religious prohibition of demanding anything more than the nominal value, the articleproves the hypothesis that firstly what customarily motivates people towards token money is the purchasing power and the exchange value of money, not its nominal value. So this point should be taken into consideration while settling the debt.Secondly, custom or reasonable behavior does not accept the theory of compensation of the depreciation of money absolutely and in all cases of inflation. Rather, it has shown different reactions towards different rates of inflation issuing a particular ruling in each case