مصطفی اربابی مجاز

The abundance of judicial cases in judicial courts and the importance of careful study of the cases by the judge create an interval between testimony in cases with witness testimony and the verdict issuance. Now, in this interval, witnesses may commit actions that may disqualify them as witness; in this case, it should be checked as to what effect the witness's iniquity (fisq) will have on the validity of the witness's testimony after the testimony and before the verdict is issued. This research, conducted with a descriptive-analytical method, shows that with regard to the criticism and infringement that is included in the generally accepted view as well as the detailing viewpoint, and according to the arguments presented in this research, in the mentioned assumption, the suspicion and confidence of the existence of justice of speech in the witness is doubtful and certainty turns into doubt and his testimony will no longer be considered as a legal testimony. Similarly, according to the application of verse 6 of Sūrat Al-Ḥujurāt, in addition to the necessity of the duty of research and investigation for the court, verdict issuance based on the testimony of such a witness will be against precautionary principle and the witness’s statements will be subject to the ruling of article 176 of the Islamic Penal Code.

Many factors play a role in promoting the family's spiritual health. Peace prevailing in family relationships is one of the most important factors. On the other hand, one of the most important wisdom of marriage according to the verses of the Qur'an is the realization of "Sakineh" for family members, especially couples. The purpose of this study is to discover the semantic relationship between the concepts of "Sakineh" and "peace" and the factors of Sakineh's realization in the family and also its effect on promoting the spiritual health of this institution.

This research is a descriptive-analytical method based on library resources and with emphasis on the original interpretive and narrative sources to explain the concept of Sakineh and the factors of its realization in order to promote spiritual health in the family.

In the six verses of the Qur'an, which use the word "Sakineh", the rule of Sakineh and peace over the hearts of the believers is introduced with a descending nature and providence from God, which is usually revealed in the conditions of the believers' struggle and confrontation with Violence and crises and based on their religious attitude in those circumstances. The peace and tranquility resulting from marriage, which is mentioned in verse 189 of Surah A'raf and verse 21 of Surah Rome, also causes habitation and salvation from the psychological turmoil and ordinary anxieties of life, which severely endanger various aspects of family health, especially spiritual health.

What can be deduced from the Qur'anic analysis of the concept of "Sakineh" is that "Sakineh" is not just superficial tranquility but refers to the tranquility that encompasses all the inner layers of man. The establishment of such deep peace in the family has an effective role in providing and promoting spiritual health in the family. There are many factors that have been mentioned in the religious teachings for the decline of Sakineh in the family. But the most important of those factors are mentioned with subtle and precise interpretations in verse 21 of Surah Rome, which are mainly based on changing attitudes and managing relationships, and are:1. Having a "verse" attitude towards the institution of marriage 2. Reflecting on the concept of adequacy by emphasizing the creation of couples from a single truth 3. The necessity of kindness and mercy in the couples' relationships and family members.

Inferred from jurisprudential and legal evidences, the basic principle in intentional crimes is retribution (qiṣāṣ), and deviation from this principle is not permissible, except in the absence of a member or the fear of loss and abuse. Therefore, the legislator's approach in Articles 576 to 586 of the Islamic Penal Code to oblige the offender to pay blood money (dīya) or indemnity (arsh) in intentional crimes on the hair is taken into consideration. This descriptive-analytical study evaluates the common views of jurists in this field and by preferring the view of jurists who believe in performing hair retribution, concludes that in view of recent medical advances in the field of skin and hair, it is possible to observe the similarity condition in hair retribution, So that hair transplantation operations with various methods and very precise tools that are performed today in specialized clinics, is evidence to this claim. Therefore, performing hair retribution is considered as a feasible option. In addition, in this case, the principle of proportionality of crime and punishment is observed and the rights of the victim are better provided. Accordingly, a revision of the mentioned materials is suggested.

Spiritual health is one of the most important aspects of health that has been considered by the world scientific community in recent years and in addition to the need to discover its meaning in religious teachings, the components that affect it also need to be investigated. Considering the effective relationship between spirituality and human beliefs on other dimensions of health (including physical, mental, and social), the quantity and quality of human relationship with God Almighty is effective in promoting his spiritual health. The purpose of this study is to investigate the belief in inherent poverty on the quality of spirituality and its consequences on spiritual health.

This research examines the process of the effect of belief in human inherent poverty in increasing the degree of spirituality and its role in promoting spiritual health with a Quranic and Hadith approach and in a descriptive-analytical method.

One of the plagues of spirituality is the contamination of man with sin and transgression. In the radical analysis of sin, it should be said that sin is a voluntary behavior that man achieves due to neglect of his identity in relation to God. Because human behavior is a function of his inner beliefs, tendencies, and feelings towards the audience of behavior and not just his insight and awareness of the benefits or harms of that action. From the point of view of Quranic teachings and Hadith, man's identity is based on his inherent poverty and his constant need for God. Consequently, he promotes and improves spirituality and beliefs which itself has a direct role in promoting her spiritual health.

Belief in human inherent poverty will also have positive consequences in promoting spiritual health (including providing health, repelling diseases, and maintaining human survival and health). These consequences can be classified into three areas of insight, orientation, and action. In the vision dimension, believing in the absolute ownership of God and believing in the trustworthiness of divine blessings, in the tendency dimension, creating a sense of peace and creating a sense of dignity, and in the action and behavioral dimension, achieving the status of forsaking sin and being a state of gratitude and illness are as consequences that each of them, in turn, and based on numerous research backgrounds in this field, have a direct effect on promoting spiritual health.

For some time now, Covid- 19, which is caused by a new mutated virus from the family of Coronaviruses, has plagued the world and caused significant human and economic damage to countries. Since Covid- 19 is a contagious disease that spreads easily from an infected person to others, the question arises as to “if a person with Covid- 19, despite observing the initial symptoms, conceals his illness and communicates with a healthy person or persons without observing the health tips and causes the spread of this disease to them, and as a result of this infection, human and financial losses are inflicted on the victim, will he be considered responsible for these damages? In case, his responsibility is proven, what is the scope of this responsibility? It seems that according to the rules of jurisprudence and Article 1 of the Civil Liability Law, concealing the disease by the infected person, because it causes personal or financial damage to the victim, is responsible for compensation for losses. Also, the scope of this responsibility, according to jurisprudential arguments, includes non-profit damages, loss of benefits, moral damages, as well as damages for disability.

Todays, scientific and technological advancements have affected all fields including the means and tools of discovering and proving crimes. Therefore, in this era, which is named the era of "scientific evidences", even the traditional well-accepted proofs such as witnessing and confession are in some cases evaluated by modern scientific proofs. The so-called scientific evidences include a wide variety of scientific and technical actions, experimentations and explorations that is in charge of the most of case studies in criminalities of forensic medicine.On the other hand, regarding criminal's use of scientific and technical methods in committing crimes and the inefficiency of using mere traditional proofs to counter them, we should authorize juridical systems to equip themselves with various types of scientific methods to counter crime, among them making use of scientific proving methods. Thus, we should investigate the validity of these evidences, especially Proofs from rigorous experiments of forensic medicine, from Shiite Jurisprudence and criminal law's point of view, particularly modern proving documents. In this study, the validity of these documents is dealt with by explaining the concept and the boundaries of judge's knowledge. We concluded that in the case that proofs from forensic medicine survey provide a common knowledge and a conventional certainty for the judge, due to the validity of judge's knowledge in Hagh-Allah (right of God) and Hagh-al-Nas (right of people), we can consider them valid in Shiite jurisprudence, and as a result, in criminal law.In addition, due to the exclusive policies of Islam in dealing with the crimes involving Hagh-Allah and the crimes that involve Hagh-al-Nas, especially the applicability of crime-covering principles in issues in which the pure rights of God is considered, the validity of these evidences in this type of crimes is facing with restriction, and these evidences can be used only for innocence and not for prove.