فهرست مطالب abolfazl ahmadzadeh

Problem-solving research seeks to identify questions and problems that can be proposed and examined pertaining to an organizational issue or social event. This article as problem-solving research seeks to discern and identify legal questions and issues related to the unrest of 1401 in Iran. Identification and definition of these issues and questions provides a favorable ground for legal researchers to deal with the legal aspects of the 1401 unrest in Iran in the form of articles, theses, academic chairs, and even academic treatises. In addition, the results of this research can be useful for policymakers, planners, and legislators. The problem-solving nature of this research led to the writing of this article with the participation of 80 Iranian legal and judicial experts, of which 56 of them agreed to include their names as Co-author, and in this way, the indicator of the "number of authors" involved in the writing of a single article has also set a new record. The tools and methods of data collection in this research were library and case study methods, and the analysis of said data was carried out by the "content analysis" method. In this research, hundreds of questions or legal issues have been identified that can directly be used as subjects for research.

One of the controversial and challenging issues in jurisprudence and doctrine is the transfer or non-transfer of the right to evict the tenant, which was created during the ownership of the former owner, to the new owner. Considering the significant financial aspects of this right, determining the duty regarding this issue is very important. The current research is of a theoretical type and its method is descriptive and analytical; The tool for collecting information is library-based and by referring to documents, books and articles. both general approaches of transferring and not transferring the right to eviction can be identified with different arguments in judicial opinions and legal writings.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The right to vacate is not one of the rights that can be transferred along with the property, and vicegerent does not have an example in it, so the transferee as a special vicegerent will not be able to invoke the right to vacate created during the time of the former owner.

Today, the crime of trafficking in human beings, especially women and children, for the purpose of prostitution and combating it is one of the challenges facing the international community and governments. In this regard, the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, adopted in 2000, called the Palermo Protocol, and criminalizing human trafficking, especially sexual trafficking in criminal law, is one of the main reasons for the globalization of crime. The purpose of this study is a comparative study of human trafficking for prostitution from the perspective of US criminal law and international instruments. This research is a descriptive and analytical method and the method of collecting information is library. The results show that for the success of any anti-trafficking strategy, the adoption of modern laws with a comprehensive victim-centered and preventive approach to ensure that victims' rights are guaranteed by governments that criminalize all forms of trafficking and impose appropriate and deterrent punishments for traffickers. Criminal policy to combat human trafficking is essential. In the United States, the country's legislative policy in the fight against this crime is decisive, and in parallel with the spread and complexity of this crime, it has undergone significant reforms and changes over time. Anti-trafficking criminal law criminalizes all forms of human trafficking, especially sexual trafficking and related crimes.

The present article examines the sociological roots of juvenile delinquency in Iran and the approaches of c. A. Iran is dealing with it. This study tries to identify the roots of child delinquency, while answering the question of what approaches the government of the Islamic Republic of Iran has taken to combat child delinquency, and in principle, to what extent do these approaches pay attention to known roots? The result of the research indicates the fact that the approaches of the Islamic Republic of Iran can be identified in two general and specific ways. In the general approach, all children are considered by the government, while in the special approach, the government pays attention to the group of delinquent children. The government's approach to delinquent children is rooted in sociological roots, and in this context, a movement from correctional and disciplinary policies to remedial and educational policies can be seen. This article has been prepared by descriptive and analytical method and collection of documentary and library data as well as by reviewing the relevant laws.

utilization of obligation laws under cultural and social support has an advantage that the rules to be implemented easily and be valuable. Furthermore, lack of explicit laws and regulations on some issues pave the way to boost the role of customs and ethical standards. The "Shabash" tradition (in some Iran’s provinces) is recognized as a custom that has legal aspects along with economic motivations. It deserves to be considered and noticed. In spite of similarities with borrowing and donation, Shabash is different from both aforesaid procedures. Shabash differences lead to different rights regard to payer and receiver in case of donation and browning and it will have a unique implementation conditions. This article, either is attempting to analyze the nature and legal status of Shabash or introducing legal and economic capabilities along with explaining Shabash’s features, and its role to facilitate the marriage. Shabash is a kind of financial support by relatives and close friends for couples who starts their new life after marriage, beside the benevolent motivates. Despite unique features of Shabash, its nature and effect is defensible both under the article 10 of civil code (in Iran) and as a donation (as a definite contract). Therefore, based on the payers’ will can fall within the category of donation with consideration or donation without consideration.

It is essential to understand the beliefs and opinions intellectuals of every society to grasp their thoughts. To this end, the human and epistemological lives of intellectuals should be addressed during relevant historical periods. It is not simple to introduce intellectuals who are popular in the context of fundamental rights among jurists and lawyers in the history of Iranian Law over the recent century when the works of religious and legal scholars have been investigating in many papers and researches. The mentioned scholars not only are famous jurists in the field of Islamic jurisprudence but also have conducted some projects and plans that are not simply carried out by all scholars. Therefore, it is simple but impossible to find the intellectual life of such scholars, such as Jafari Langarudi. Besides, it is an undeniable necessity to introduce and identify reputable jurists and lawyers of Iran in this era. Accordingly, systematic academic and intellectual studies on the works of these scholars lead to many precious implications. However, it should be considered that the wrong conception of beliefs and opinions of famous lawyers of Iran especially in various cyberspaces and websites requires an ethical and legal review to fill the existing gap in the relevant research field. Therefore, it is essential to introduce writers and authors of fundamental and conceptual works of jurisprudence and law of Iran to identify those who only claim that are Iranian Lawyers.

Order and handling people’s affairs, due to people’s convergence, are among the fundamental necessities and facts of social life, which contribute to the organization of social entities and provision of security. It is required to establish order, on the one hand, and prevent any disorder and chaos, on the other hand, for the benefit of hidden entities in social, economic, political, and cultural systems. Therefore, the position of ‘protecting order and security’ in Shiite Fiqh (jurisprudence) as a rule (legal status) relies on the necessity of running public affair properly. The rule, in fact, bringing people both worldly and eternal happiness, grounds on the guideline of reason, the viewpoints of the learned, and extractions from the Holy Quran and Hadiths. The framed concept which forms the rule signifies two principles: firstly, order and discipline in humans’ communal life are among the social necessities and also the essentials in Shiite Fiqh (Fiqhi essentials). Secondly, in enaction, there exists no developed or enforced rule throwing people’s lives into chaos. In fact, anything causing chaos and disturbance at work and in life in society is banned. It is a must to take actions to provide and protect order and discipline in society. Therefore, any direct or indirect security threat or breach in any of the economic, political, social, and cultural areas, leading to an interruption or deficiency in the people’s normal and natural lives, is illegal so offenders will be penalized. This paper is a descriptive and library research. It initially works on a terminological and phraseological study of the terms ‘order’ and ‘security’. Then, it examines the literature, sources, and rules on order and security in the Shiite Fiqh.

In this article it has been tried to consider the general rules and provisions of options as one of the common traditions of Islamic jurists. Therefore, in order to reach to that general rule, the profound viewpoint of Sheikh Ansari and some of the contemporary Shii jurists and some highly qualified jurists have been analyzed critically, specially matters such as "criterion and nature of the revocation option", "type of right in options", "the principle of necessity in optional contracts", "cancellation of revocation option with the deliberate act of option holder" and "waste in the option period" have been considered and in each case after analyzing the subject and setting the context of the debate and eliciting the rationales and principles of each viewpoint, the selected view of the authors has been offered and explained