دکتر سید محمود مجیدی

Mahdur-Al-Dam is one of the important legal jurisprudence topics that has always been the subject of discussion and criticism. Determining the example of Mahdur-Al-Dam is one of the challenging issues that needs to be discussed. In Article 320 of the Islamic Penal Code of 2012, the legislator addressed Mahdvaldam. The purpose of this article is to examine Mahdur-Al-Dam, the subject of Article 302 of the Islamic Penal Code 2013 from a jurisprudential point of view. This article has analyzed the mentioned topic using a descriptive, analytical and library method. The findings indicate that, from the jurisprudential point of view, the punishment of Mehdur al-Dam is the only duty of the imam and the deputy imam and at the present time, the guardian of jurisprudence has delegated this authority to the courts of justice and is within the scope of their duties. No one is authorized and empowered to enforce the limits and punishments and to commit suicide of people with the belief such as retribution and Ta'zir. On the other hand, one of the most important challenges of acquitting Mahdur-Al-Dam’s murderer and his non-retribution is that it is difficult to prove that the victim was Mahdur-Al-Dam. By proving the apostasy of the victim, he will be punished because killing the apostate is one of the duties of the government, but if he cannot prove the apostasy of the victim or prove his mistake in this regard, he will be punished.

Intervention in the foreign exchange market, like any other economic issue, has always been a question whether the government has the right or can intervene in this field, and basically how can the criminal intervention of the legislator in currency smuggling be analyzed based on the principle of harm? The current article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings indicate that the current criminal law has criminalized currency smuggling with the broad definition of it in the law and beyond an economic issue, it has also looked at it from a political and security point of view to the extent that such a crime is It has considered a condition of disruption in the economic system and has predicted the punishment of muharibeh for its perpetrators. Current criminal interventions in this field are only based on the principle of harm to prevent harm to others, both society and individuals, subject to conditions and justified in some cases. Because, from the point of view of Iran's policymakers and legislators, currency smuggling in the conditions of economic instability implies damage to the economy and individuals. From a critical point of view, this type of interventions, by ignoring the state's crime aspect which is derived from unjustified policies, programs and laws, focused only on the criminalization of individuals' behavior and the role of policies and decision-making institutions was ignored.

The most important and perhaps the main concern of human rights has been formed with the emergence of new capabilities in the scientific and technological fields of biology. This has caused opposition to human simulation in jurisprudence and law. The purpose of this article is to examine the reasons for banning human cloning from the point of view of jurisprudence and criminal law. The current article is a descriptive analysis and has investigated the mentioned topic using the library method. The findings indicate that interference in God's creation, disintegration of the family system, ambiguity in kinship relations and disruption of the kinship status of cloned people are the most important jurisprudential reasons for banning human cloning. The guarantee of individual rights and freedoms of citizens based on bioethics is shown in the framework of principles that are called “bioethics principles”. These are the principles and goals that criminal law pursues in bioethics. The principle of harm, or in other words, the principle of harm, is one of the prominent principles of bioethics, which has received the most attention and discussion in the field of criminal law, and is one of the fundamental foundations of criminal law intervention. The other face of this principle appears in the field of criminal law in the form of “obligation to do no harm” and emphasizes the absence of harm.

The advancement of technology causes the emergence of new phenomena that, despite the value and importance of technology growth in human life, may face challenges that require the intervention of the law. Human cloning is one of the advantages that its systematic representation or even criminalization requires to know about it and the challenges related to it. Based on this, we will examine the issue of human cloning and its criminalization in Iran's legal system. And what position does the European Union have?

This article is written in a descriptive-analytical way.

The findings show that there are different types of simulation, including research or therapeutic simulation, human, animal, and plant simulation, and embryonic-therapeutic-reproductive simulation. Human cloning technology has raised challenges in various fields of religious, moral, social and legal life. Among these challenges, we can mention the violation of human dignity, the deposit of the human body, ambiguity in kinship relations, ambiguity in alimony and inheritance, and mixing of genealogy. Regarding the criminalization of human cloning in Iran, it should be said that although there are opinions regarding the sanctity of this act, the legislator currently does not have a clear position on this matter. Also, in some cases, such as the identical fingerprints of people that are created in the simulation, there are also problems, of course, it is necessary to think of preparations in this field if it is allowed. Human cloning is.

New approaches by the legislator can be seen in the regulations on the limits of the Islamic Penal Code adopted in 2013. It seems that eliminating the legislative gaps in the previous regulations is one of these approaches. Therefore, there are less ambiguities in issues such as adultery while intoxicated and sleeping, the amount of Ta'zir (indefinite punishment) in case of abolition of definite punishments and also the stipulation of crimes related to Moharebeh (Armed uprising( and also specify the criminalizations of Moharebeh and Ghavadi (Panderism)crimes in the Islamic Penal Code approved in 2013.Generalization of similar rules in matters such as the application of the judge's knowledge, the effect of repentance on the abolition of Had (definite) crimes, the effect of denial after confession, and also the repetition of Had (definite) crimes, along with the elimination of unnecessary regulations, such as the removal of the hidden clause from the definition of theft, the removal of the general conditions of criminal liability from the conditions of Had theft is also among the legislator's actions in the 2013 Islamic Penal Code. Explaining prudent approaches in the new penal code does not mean that there are no formal or substantive shortcomings in the mentioned regulations. There are some legislative shortcomings in the penal policy governing the Hodod crimes (with definite punishments), which the authors have tried to provide with corrective proposals to address them. Therefore, the need to develop adultery in the sentence of rape to deceive adult women, along with the need to change the legislator's approach in full support of the principle of legality of crimes and punishments is among the suggestions of the articleauthors have tried to provide corrective suggestions to address these issues.The need to develop adultery into rape by deceiving adult women, the need to criminalize Ta'zir (indefinite punishment) adultery, and also, full support for the principle of legality of crimes and punishments are among the suggestions of the article.

There is no doubt about the very recognition of repeated crime institute as a general cause of aggravating the punishment in in the Islamic Penal Code of 2014 and its origination from Islamic jurisprudence; however, it is doubtful whether the aggravating penalizing of this institute is in line with its corresponding jurisprudential texts. The existence of jurisprudential dispute over the determination of the death penalty, dubiety concerning the homogeneity of Hudud and instances of non-codified Hudud, ambiguity regarding the effects of variables of repentance, withdrawing the confession and the territorial scope of the levels of repetition of Haddi crimes, dubiety concerning the legitimacy of the aggravated punishment overtaking the Hadd constitute the jurisprudential challenges in this respect. The purpose of this research is restudying the jurisprudential views and arguments related to the above said challenging topics which has been performed through a descriptive-analytical method and led to presenting necessary conclusions and recommendations to the Iranian criminal legislator in order to adopt an explicit and conscious approach. The necessity of the legal abolition of the death penalty and adoption of the policy of executing the Haddi punishment in addition to the aggravated Taaziri punishment,  regardless of the  homogeneity of crime in the repetition of Haddi crimes, is the most important hypothesis of this paper.

This paper firstly aims to study the developments of the plurality of crimes in the statute of the Taziri Imprisonment Reduction adopted in 2020, then to deal with the question that which of the following countries' legal systems, i.e. Iran and Jordan, has followed a more reasonable policy regarding the issue. The findings reveal that in spite of the existence of common strategies including the explicit admission of material and spiritual plurality, the single and cumulative penalization and the most sever punishment for the spiritual plurality, the two legal systems have also adopted different strategies. For example, in Jordanian law enjoys the following merits: the existence of the explicit stipulation of the withdrawal of spiritual plurality from the single conduct having multiple criminal descriptions and the admission of the principle of material pluralization of crimes. On the contrary, the followings are known as the merits of the Iranian law: the separation of various crimes in penalization, the application of various severe punishments based on the number of crimes, the declaration of the most severe punishment for multiple results, the necessity of imposing of consequential or supplementary punishments similar to the complimentary punishments, the possibility of the mitigation of punishments, the determining of the lenient measure effects of criminal policy.

Establishing national security is a major task for every government system, so that the country's success in protecting the security is a good indication of integrity, authority and resident welfare of countries. In the field of national security, Comprehensive and impeccable laws are the most important tools for punishment and crime prevention against the security and tranquility. Reflecting upon Iran's Penal Code texts show that some cases are often hidden from view by ‎lawmakers.‎ using comparative study, this paper explores and examines the various aspects of the Islamic ‎Penal code Art. about some of the most important crimes against security, uncertainties in ‎Legislative elicitation‏ ‏and its level of criminalization comprehensiveness, and offers legal ‎strategies in this area‏.‏ Nowadays, the technical and economic strength is pulling power in every country, and criminalization practices of some crimes against the public interest in the laws of Iran generally differ from major Tends of Criminal Law in recent decades. As Economic, cultural and social security are among the new aspects of security, care should be exercised in formulation of regulations against security crimes such as espionage by law makers.

In order to support the country's economy, identifying the criminal nature of the phenomenon of smuggling, analyzing the bases and areas of the spread of the said act, and explaining the strategies to prevent this criminal act have always been of interest. The territory of committing foreign currency crimes can be predicted at different levels of Iran's legal system, the purpose of all of them in relation to foreign currency crimes is to prevent this type of crimes at the country level, which is in the form of policies. Legislative or judicial or criminal policies emerge. In response to the question of whether or not the criminalization of currency smuggling was carried out in accordance with the constitution and in compliance with the rules governing criminalization, and what were the effects of deviating from these principles and rules, the present article examines the current laws and regulations, some of the criminalization He has considered it against the constitution due to handing it over to the executive branch and determining the limits and territory of its instances to the executive institutions, and has emphasized the unity of the criminal legislation authority. Using the specialized power of executive institutions such as the Money and Credit Council or the Central Bank as an authority to apply the issue to the verdict is different from entrusting the determination of criminal cases to these institutions. The first one is against the principles of the constitution and the rules of criminalization, even if this attempt is made to appear justified under the banner of expediency, but the second method is a correct action that helps the courts and related institutions to recognize and apply the issue.

In recent decades, the realm of criminalization of crimes against security and the issue of espionage, in particular, have undergone essential changes. Despite this fact, the Iranian criminal policy on this issue has not changed over the last one hundred years. Thus, this policy suffers from various shortcomings. The lack of consistency of the Iranian criminal policy with the new developments of espionage consists of three bases and their criminal responses. The legal basis consists of: the existence of legislative ambiguities regarding evidence of espionage, the lack of distinction between espionage and treason, and the use of various unnecessary restrictions. The physical and psychological basis consists of: restrictions in cases of espionage, lack of inclusion of new security aspects, and limiting the criminalization of espionage to certain criminal intentions. Due to the above-mentioned shortcomings and the legislator’s lack of support for the essential interests of society, it is necessary that the legislator expands the scope of criminalization to include economic, cultural and social aspects of security and to also expand it to refer to information and objects. Therefore, if the criminalization of espionage is not limited to certain criminal intentions, a rigid definition of espionage is not given and different types of espionage are not itemized, the regulations may gain some relative order and improve.

One of the aspects of the synthesis between religious freedom and freedom of teaching is the correct description of the legal system of religious education in schools. The aim of the research is the explanation of this system in the Council of Europe member States, especially in consideration of respect for the teachings of minorities, focusing on the situation of Turkish Alevis. These descriptions will help us to answer the following question i.e. what are the parameters of the European Court of Human Rights in outlining a legal system of religious education that requires States to respect the faith of minorities and whythe Turkish government does notrecognize Alevis as an independent minority. The result of our research is that from the point of view of European Court, a State can teach a particular religion in its education system, but these teachings must not affect the rights of Alevis. Ankara wants to strengthen its national and religious unity; hence it does not recognize Alevis as an autonomous community. All this is in contrast with the jurisprudence of the European Court and against Turkish secular system.

to emphasize the necessity of selectivity, which can provide minimal or Criminalization maximum in the area of different crimes. The important point in this regard is that the provision of any kind of crime is based on the internal capacity of the criminal law. Hence, in this article, with emphasis on the threefold criminal elements of the law (ambiguous legislation, new criminal offenses, and the reduction of legislative constraints), material (development in the subject, victim and criminal offender, absolute criminalization, and introductory and Also, independent crime) and psychological (criminalization with unwillingness, the development of unintentional crimes and the criminalization of criminal thought) .The criminalization of maximum offenses are presented with various examples in Iranian law. Strategies that demonstrate the establishment of a suppressive and security policy for Iran's legislature in relation to security threats against public security, and in particular against political sovereignty. Nevertheless, Iran's criminal policy on the use of some solutions, such as deprivation of crime, independently, the application of minimum constraints in legal texts, and criminalization with a general unwillingness to show a low degree of reluctance.

Adoption of proper Islamic law basis towards the concept of one who deserves to be killed and determining criminal sanctions in the case of crimes against one who allegedly deserves to be killed is significant both for the purpose of observing important principles of lawmaking and providing public order and security. Recent approach of criminal policy of Iran in the context is hopeful, particularly after passing of new Islamic Penal Code in 2013. Enumerating examples and stipulating criminal sanction for murdering of one who allegedly deserves to be killed are among the most important steps taken by enacting new Islamic Penal Code. The measures can pave the way for providing more protection of the principle of enforcement of penalties by the judiciary and providing and maintaining public order and security. Having examined the developments in criminal policy of Iran, the paper seeks to demonstrate that there is a long way ahead to realize a perfect criminal policy. Thus, in addition to examining flaws of Islamic Penal Code in the context, the paper provides solutions to the problem. The solutions focus on the necessity of acceptance by the legislator of changes in the base of Islamic law for the concept in on hand and safeguard of the principle of enforcement of penalties by the judiciary at the other hand.

Analysis of Islamic jurisprudential views on the duress in murder with emphasis on the relation of accepting each of them with the issue of public order is the main subject matter of this article. Thus, in adition to explaining the different Islamic jurisprudential views on durees in murder, the question that which one of such points of views can provide the society with utmost public order will be answered. The reason why public order is considered as a criterion in this respect is that the main and final goal of criminal law is to provide citizens of a given society with due public order. The paper clearly explains that how the acceptance of duress as a defense for murder and prevention of retaliation in this respect, may make public order unstable. However, whole islamic jurisprudential views are considered and on the basis of all of researchs and studies, it is recommended that the legislator should pay due attention to the view that prescribes retaliation punishment for main cause that is who makes duress. It seems that this view may provide the society with public order more appropriately.

Provisions of Islamic Penal Code of 1392 on retaliation indicate the lawmaker’s new approaches. It seems that filling legal gaps of previous law is among the approaches. Thus, provisions of the Code on the issues such as minors’ next of kin’s powers, relevance of superior order to murder as well as criminal sanction for abortion in its maturity are less ambiguous. Safeguarding public order is another approach of the lawmaker which is indicated by the provisions regarding, inter alia, protection of all the victims of murder and granting power to next of kin for receiving blood money without consent of murderer. In addition to this, new view of lawmaker to self-defense and to defendant’s knowledge of fatal nature of his/her act show the assessed utilization of existence capacities of different approaches of Islamic Law (“figh”) in resolving legal and judicial problems.

Determination and execution of punishment as well as existence of a systematic criminal proceeding have invariably been among most important controversies over punishment. By the principle it means that whole of the criminal proceeding such as investigation, trial and subsequently execution of the punishment should be done by a competent judicial authority. In the religious thoughts the authority called Imam or Governor or Judge. Accordingly people who lack the competence cannot intervene in the affairs and take arbitrary measures. The paper is devoted to development of the principle and determining its position. Although Article 36 of Constitution expressly embodied the principle in itself, it have been experienced an uneven road in its way to Criminal Code (2013). The act devotes a separate Article providing for the principle a long whit principle such as presumption of innocence and legality of crimes and punishments. But the principle is surrounded by exceptions some of which are new.

According to the close relations between criminal issues and public security and order in one hand and different opinions in Islamic Law in the most of criminal matters on the other hand، adopting the proper approach by the legislator has been greatly taken into consideration. Wise choice of Fatwa (religious doctrines) which provide public security in the provisions of retaliation in the new penal code by the legislator is clearly visible and obvious. This essay tried to express some appearances of legislator’s approach such as: criminalization of killing a person who is supposed to be killed according to the law (deserving death)، criminal protection of victims of murder، acceptance of blood money by avenger of the blood without the murderer’s consent، developing the guarantees of debts to treasury for prevention of its misuse by criminals، criminalization of killing the murderer by avenger of the blood without the court permission، and the considering the killing by mistake in victim’s personality as murder. These aspects may show increase of importance of public security by the legislator. It also increases the hope among the law scholars that preference of Islamic law opinions providing the public security by legislator is accepted as a general method which can be taken into account during the enactment of other criminal provisions.

The establishment of order and general security and permanent stability of political authority is an interest of prime value which has put into oblivion the legislators´ concern in recent decades about extending assurance to all phases of legal procedure and providing justice in them. The recent modification in French criminal law regarding crimes against security of state show that incrimination and procedure remain respectively far from withdrawal strategy of criminal law and the policy for increase of procedural guarantee. In this article, some aspects of French criminal law are examined which can show the marks of genesis of a security based criminal law in this country.

aspects of Islam penal policy in the case of crimes against government and people has not accepted by penal policy of Iran completely.It can be said that the mentioned issue is against the article 4 of the constitution that says" It is necessary to be a complete compare between provision and Shiite jurists’ ideas."