فهرست مطالب ahmadreza tavakoli

Adopting a criminal policy in confronting the phenomenon of administrative corruption in the administrative legal system and Islamic jurisprudence from four legislative-participatory-executive and judicial perspectives is certain and undeniable. Administrative corruption, the main foundation of governments, systems and legal schools of nations in different ages has targeted these assumptions and proves this issue. The author tries to examine the theoretical framework, formal and substantive dimensions, the criteria of supervision and efficiency of laws and their effectiveness, adopting participatory policies and guaranteeing judicial execution in two dimensions of investigating administrative corruption, regarding agents and corruption. caused by government employees and damages to the Treasury, emphasizing the necessity of doing this thesis and finding answers to the questions raised and investigating the hypotheses. Effective components, criteria and indicators in line with the importance of criminal laws in their direct relationship with the rights of the nation, on the one hand, the need to adapt the current laws, especially in the case of crimes whose punishment is determined by the Shariah, with Sharia standards on the other hand, and the necessity of meritocracy. Simplicity of life, equal rights of all, justice, trust, transparency, efficiency and public supervision and the effects of proceedings are prominent features in this regard. By examining the legislative criminal policy of the administrative law system, it was determined that, despite the approval of laws and attention to the need for notification, Iran's administrative law system lacks a differential criminal response to the wealth of public agents, guarantees of executions.

Although there are two theories of selection and appointment among jurists in relation to Islamic governance, but based on rational and narrative reasons, all qualified jurists are the general vicegerents of Imam Masoom (a.s.) and it is necessary that among them one of the jurists who All the necessary conditions, such as knowledge, independence, and the power to run the Islamic society, must be fulfilled and he must assume this responsibility for the implementation of divine decrees. It is natural that if one of the jurists undertakes this duty, the other jurists should support him and not disturb him by interfering in his work; One of the debates in the field of jurisprudence is the conflict between jurisprudence and jurists, which is referred to as "the interference of a jurist for another jurist". Whenever a jurist is unique in an era, he himself becomes responsible for the province and performs his duty in all areas related to the implementation of divine decrees and the administration of Muslim affairs. But if there are many qualified jurists in one era, the question arises, how can multiple jurists in a single era all have the authority and government, which requires the plurality of independent rulers in a single time and place, which is contrary to the way of reasoning and building. It is the governments and if the guardianship and the government are for one person, then the question that can be asked is what will be the fate of the guardianship of the other jurists? The result of this conflict, in addition to being an immoral act, is considered an immoral matter, and it means the interference and opinions of people in matters that do not concern them, which, in addition to psychological damage for themselves, has harmful social consequences. also has; Because sometimes it causes moral vices such as turbidity, enmity, sedition and chaos. Therefore, in Islamic hadiths, this immoral work is strictly prohibited. According to many jurists, the Holy Sharia itself has thought out ways to do things in this field, and in practice such a problem will not occur, and when one of the jurists starts to form a government, citing two Muslim principles of jurisprudence, it is not permissible for others to work. He has interfered and interfered in the performance of his duty, whether it is in the form of interference in the principle of the formation of the government or in the form of interference in some of its affairs; These two principles, one is the necessity of the sufficiency of the authority of the jurist and the other is that it is not permissible to disturb the jurist in one another's work.

Abstracts: Transgender is one of the emerging issues that the international community is facing and with the advancement of medical science and psychology, it has become more possible to do so. Due to the growing tendency of these people in the four corners of the world to the process of Transgender, this issue has gradually become one of the most important and challenging issues. And it is crossed in mind repeatedly whether this practice is legitimate from the point of view of jurisprudence and sharia or not. There is no material and spiritual harm to explain and describe the issue Transgender and pay attention to human dignity and the principle of freedom, protection of privacy and attention to the rule of no harm and that in Islam. This has led to the expansion of research on Transgender in the world and especially in the Islamic world, and to make the best use of its benefits in performing the best practice. This is in line with the teachings of Islam in terms of principles and principles. The common principles between this universal matter and Islamic teachings are: the principle of freedom, the principle of human dignity, the principle of negation of harm, etc. The purpose of this research is the same approach throughout the Islamic world and the international community. The permission to research in this regard is associated with restrictions that are significant in the Sunni religions and some religions of Christianity. There is

Money creation (money issuance) is one of the most important economic phenomena that leaves many effects on the economy. In order to grant loans to bank customers, money or credit based on which banks create credit from “nothing” in the account of the loan applicant is created. Although this phenomenon has also supporters, but this same group also admits and acknowledges the destructive economic effects of money creation. Its most important effects include economic instability, unbridled inflation, discrimination and violation of justice. This issue can be considered as a matter of concern affecting the Islamic society because there are few people who have not applied for a loan from banks. This phenomenon from a jurisprudential point of view can be considered as an unlawful ownership (in Arabic: اکل المال بالباطل, unjust enrichment); because, the bank acquires property (tries to make money) instead of “nothing”. On the other hand, the prohibition of the abuse of the right, which is based on the evidence of the rule of prohibition of detriment (in Arabic: لا ضرر, principle of harm), implies the prohibition of the creation of money. Banks have the right to loan their customers money and this right is considered by law and Sharia (Arabic: شریعه, Romanized: sharīʿa, religious law) for them, but they have made this right an excuse for their profiteering (mercantilism, trade) and causing harm (damnification) to the whole society, which is ruled to illegitimacy on the basis of the evidence of prohibiting the abuse of the right and principle of harm. It should be finally noted that the criterion stated in some ḥadīth (pl. aḥādīth, literally means talk or discourse, narrations) for the unlawfulness of usury, which is the earning of profit without anything in return (equivalent), is equally true about the creation of money, and it is possible to generalize the prohibition of usury by conclusive rectification of the effective cause (Arabic: تنقیح المناط).

the present study examined the method of library studies and through the classification of related documents and then studied the independent variable analytical method, namely economic crimes. the results show that the juridical bases of criminalization view Corruption on earth in a different way than the positive law. according to islamic arguments and islamic jurists views, the crime of Corruption on earth is . for it is based on the analysis of and in terms of the same verdict, but it is the same as that which is contrary to the theory and the theory of strong opposition, and theCorruption on earth is the contrary to the extreme opposition that arises due to action in the field of action. the emergence of a war of war and of certain literary rules requires that the punishment of both titles be one. For it is impossible to fight God in the sense that it is impossible, and that the war against the Prophet of God (PBUH)is out of the question. the meaning of verse, which implies that it is on the top of the verse and "Corruption on earth from the point of reference to", which, without mentioning it, leaves no

In the perspective of Islam and international documents, it is accepted that it is forbidden to take away the right to life, but of course, due to different theoretical bases, there are different interpretations about the right to life. In this regard, the aim of the present research is the right to life and its deprivation from the perspective of Islam and international human rights.

Ethical Considerations:

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings showed that in the eyes of the general international human rights documents, the right to life is considered as a fundamental, absolute and basic right of other rights and cannot be taken away or challenged. From the point of view of Islam, the sanctity of taking life is not only limited to material life. In other words, because in Islam, life is expressed in two ways, material and spiritual, in addition to the fact that no one has the right to deprive himself or others of material life, the deprivation of spiritual life, which is realized by misleading people, is prohibited and subject to punishment, it has been known.

It can be concluded that depriving people is forbidden if it is done unjustly, in cases such as martyrdom, self-sacrifice and jihad. Muslims are allowed to put their material life at risk, in which case preserving the deprivation of life is valuable and virtuous. But in the view of general international human rights documents, the right to life is a fundamental, absolute and basic right.

Paying attention to the rights of victims from the perspective of compensation for material damages, especially in unintentional crimes causing diyat, requires the development of a differential criminal policy in unintentional crimes causing diyat.

The present research is of theoretical type and the research method is descriptive-analytical with reference to documentary and library sources, especially legal sources.Ethical considerations: The present study was conducted on the basis of ethical principles, including fidelity, scientific and accurate references and citation of authentic legal sources.

In recent years, the approach of all legislators has been to increase the role of the victim in the criminal justice system, one of the examples of which is to compensate him for unintentional crimes.

But because the victims of these crimes are special victims, vulnerable and innocent, supporting them in the form of full compensation is a certainty that can not be postponed until the end of the process of trial and execution of the sentence and It is necessary, as in the legal system of some countries, such as France, the Compensation Commission pays a portion of the compensation on account before the commencement of the examination of the original case in the competent authority.

The purpose of this study is to investigate the application of the jurisprudential rule of hatred of religion in the field of domestic and foreign policy. This means that the actions and functions of the government should be such that it does not turn away from Islam in the field of domestic and foreign policy. The question that can be asked is: what are the components of the jurisprudential rule of hatred of religion in the field of domestic and foreign policy? The answer that can be given to this question is: the provisions of the rule of "sanctity of hatred of religion" include a wide range of mandatory and non-mandatory provisions, from the personal and social, political and military, economic and judicial spheres, and whatever It is forbidden to cause hatred of religion. The conclusion to be drawn from this discussion is that the function of the Islamic government as a representative and executor of Islamic rules should not be in a way that causes hatred of the religion and turning away from it inside and outside the borders of the Islamic system. Outside the Islamic borders, the principle of respect for obligations and contracts, peaceful and respectful relationship with war victims, prisoners of war and victims of war is one of the approaches that can show us the use of this jurisprudential rule. Give. The method used in the present study is descriptive-analytical and using jurisprudential opinions and sources.

 The broad definition of criminal policy emphasizes the role of public institutions in partnering with formal institutions in combating the criminal phenomenon, and therefore participatory criminal policy means the broad participation of public institutions alongside formal and governmental institutions in response to crime. Diyat in unintentional crimes is more than a criminal form, it is a legal framework for compensating and compensating the victim, therefore, due to the existence of significant capacities such as labor dispute resolution authorities, primary and renewal boards. According to the medical system, the bodily injury insurance fund, dispute resolution councils, mediating authorities, etc., it is possible to handle cases related to blood money in unintentional crimes, such as work-related accidents, sports accidents, medical accidents and accidents. Driving is crystallized with the participation of informal and non-governmental institutions and, according to criminal policy scholars, public institutions and not only by the court as a formal government institution, which in addition to reducing the entry of cases to the judiciary, avoids From labeling, reducing trial delays, de-judicialization, using the capacities of civil institutions in resolving disputes, tending to a restorative approach in dealing with crimes and protecting the rights of both parties to the lawsuit, and dealing appropriately and distinctly with other perpetrators of intentional crimes in court.

Inflation or continuum and general raise of prices, is depended on different reasons and factors. Sometimes incomes and spending of government are imbalanced and government is forced to commit inflation policies and realizing money in order to protect against the side effects of borrowing from Central Bank, and consequently raise to devaluation of national money. In this regard, from juridical viewpoint it is possible to survey that in such circumstances, is there any way to put the responsibility of compensating of money devaluation and losses of citizens on government or not. It seems that if the pills of civil responsibility are complete, so, appropriate is ready for civil responsibility of government. Because, based on no-losses-rule, harm defeat, causation rule, ownership right and the necessity of compensating lost interests assuming interest conflict, it is possible to put the responsibility for compensating the losses of citizens on government. In other hand, from Jurisprudential view point, there is no constraint for this sentence and therefore, government is force to handle this responsibility, anyway.

Among the social manifestations of the current era that have spread the criminal phenomenon in society is the public conscience and its effectiveness on the criminal phenomenon and crime and punishment. Criminal law and the manifestation of crime and punishment are not safe from this area. In the areas of legislation, adjudication, and enforcement, public conscience policies have forced the legislature to criminalize conduct in some areas. As a result, the executive and judicial organs are also influenced by the concept of public conscience in order to exercise their powers.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Populist criminal policy is based on daily events and crimes that hurt the public conscience as a cross-cutting criminal policy that cannot control the criminal phenomenon in the long run. Moreover, this kind of populist policy ignores the basic principles of legislation, which is the justice and interest of all.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In fact, public feelings and conscience have certain characteristics such as being explosive, transient, irrational, etc.; These descriptions, in turn, have made populist criminal policy harsh, popular, dramatic, emotional, and lacking in theory and science. A look at the characteristics and procedures of populist criminal policy reveals that the elements of the rule of law are challenged in the face of this policy in the field of criminal law.

Differential criminal policy in criminology is one of the first manifestations of pluralism in criminal law systems. The purpose of this study is to investigate and apply differential criminal policy in the field of unintentional crimes causing diyat.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

He observed manifestations of differential criminal policy in the design and adoption of criminal laws, especially the new Islamic Penal Code. In recent laws, we can see examples of the legislatorchr('39')s differential approach in dealing with judicial authorities from the time of discovery to the execution of sentences for unintentional crimes causing diyat. However, it seems that the mentioned regulations do not have the necessary comprehensiveness and at present it is not possible to explicitly confirm the existence of a differential criminal policy in unintentional crimes causing diyat.

Ethical considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Looking at the world of law from the perspective of postmodernism and the complexity of the relations of the subjects of law has caused failure and refraction in the world of law; This means that traditional classifications cannot cover the current complex relationships of legal entities. The discriminatory criminal policy in relation to unintentional crimes causing diyat is no exception to this principle. From this perspective, a comprehensive and unified order for all areas of criminal law cannot be considered.

In the present day, the media is one of the most important and influential means of social communication from the viewpoint of Shi'a religious jurisprudence. On the other hand, one of the sciences that can set norms for the media considering its universality is the science of “Religious jurisprudence”. Among the religious jurisprudential propositions, the “expedience” rule can have the most impact on setting the norm for the media. Accordingly, the main question of this research is, “what is the status and use of the expedience institute in the media?” The research hypothesis is that expedience is the most important rule governing the media and its activities, which used the documentary method to investigate this hypothesis. The findings of this research are that the element of expedience in the media determines the propagation of news and information. It was also found that maintaining the country's livelihood and political system, justice and security are among the most important incentives, which are the most important materials that should govern media activities in order not to harm one of them. Therefore, this article is organized to explain the concept of religious jurisprudential expedience in the media and to study the motivations and introduce the expedience determining reference in the media.

Crimes with economic and financial nature are among the major challenges in today's world. In the criminal policy of Islam, dealing with such crimes is very significant and in the penal system of Islam, the acquisition of such income is illegal and forbidden, so prevention is a basic tool in any country.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Factors leading to the spread of economic crimes come in various forms. There are examples of prevention strategies in Islamic sources and texts. The importance of this issue is that besides understanding the Islamic view on economic crimes, the initiatives in those sources should also be used to develop practical methods for effective and workable solutions in Islamic society.

it seems that the criminal policy of Islam offers the best and simplest methods for crime prevention.

There is a debate among the jurists as to whether the judge's knowledge of the event can have an external effect on his verdict, in the sense that even if he is aware of the event between the two parties in any way, what is valid for him to rule based on it, is only the hints appointed by the Sharia which are evidence and confession, or the knowledge of a judge without specific hints has the authority to issue a rule. The result of this debate on the validity of ijtihad or the adequacy may show itself and be useful in terms of its single criteria. Since examination of the hints (evidence and confession) is a completely specialized matter in the field of expertise of a mujtahid, then assuming that indication and evidence are relevant in proving a claim and verdict, then ijtihad is necessary for judgment, and if we can prove evidence and confession are only a way to the truth then the truth is revealed to the judge and the judge can issue a verdict, so ijtihad is not necessary.

In view of the broad definition of criminal policy, even if you believe that, ransom in unintentional crimes is a criminal response, the participation of civil society in the process of addressing this type of behavior will be achievable by formulating a participatory criminal policy, ransom is more in the position of compensation and especially in unintentional crimes has no criminal nature, so it is possible to handle cases with the participation of informal and comprehensive institutions. Therefore, it is possible to handle lawsuits with the participation of informal and public institutions, which in addition to reducing the number of cases submitted to the judiciary, causes the implementation of appropriate and different policies with the perpetrators of unintentional crimes causing penalties for perpetrators of other crimes. It is deliberately addressed by the authorities. In this regard, there are manifestations of participatory criminal policy in Iranian criminal law, including mediation, dispute resolution councils and arbitration

This research is designed to provide a new look at the analogy (Qias) and its application in Islamic law. An overview of empirical foundations suggests that most previous studies have emphasized the widespread disagreement between Shia and Sunni jurisprudents. It is often believed that there is no analogy between Shia and Sunni in the theoretical application of analogy. However, contrary to common beliefs, there is a broad resemblance to the use of analogy between jurisprudents of Imamiyyah and Sunni scholars. The jurisprudents of Imamiyyah, like the Sunni jurisprudents, use the analogy in many cases; but they use it with other titles, such as Tanqih-e Manat, etc. Thus, Shiites do not oppose the use of analogy in jurisprudential affairs; they do not accept the use of analogy in all affairs; whereas the Sunni jurisprudents do not have any reason to question analogy whenever there is no reason for a ruling in the Quran or narratives. They are convinced to use analogy because of the perception of the causes of Sharia Laws in issues related to everyday life of human, and also because of the inability to access to the true causes of all religious laws. In contrast, Shiites are skeptical about the use of analogy in all affairs, but practically, they use analogy in many cases and only in limited cases, they try to infer the laws with other means.

In order to reduce the error of the brokers and improve the quality of the operation and improve the reliability coefficient in the good performing of tasks in various contemporary societies, the utility of supervision, review and accountability of brokers has been proven. In this regard, the main question is why people have a right to oversee the functions of their government and their agents, and if they are criticized and protested, they will express it and change things. What is the point of view of the jurisprudence? The author of this research, by referring to some related sources, verses from the Quran, and narrations from the Infallibles (as) and thinkers ... and by citation and analysis, outlines how to monitor and review the performance of agents by the citizens, and to this It has been concluded that this method, if provided in accordance with jurisprudence, is called to bring more efficiency to the Islamic system. And can play a more important role in presenting the pattern of the Shi'a Islamic system.

In this paper, the conflict between the judge's knowledge and other evidence of legal proof with an approach to the jurisprudential and ethical principles has been investigated. In the process of this research, the ethical, legal and jurisprudential issues and concepts in the direction of realization of the research foundations and the subject are presented and according to The moral principles, jurisprudential arguments, and the principled rules of the authority of the judge's knowledge have been violated, with the statement that when claims with supposed arguments such as confessions and binetry that are incompletely explicable can be proved, then the first is the knowledge of the judge who has the whole Kashfit Is true. Therefore, during the process of hearing and issuing a vote, the necessity and necessity of realizing the persuasion of the judge's conscience is inevitable for the discovery of the truth, and this persuasion is based on moral standards such as patience, justice, justice, equality, and so on. Why The lack of these matters can be a barrier to the judge's knowledge of his conscience, for example, a judge who does not have a moral and social justice, will not be the judge of justice in the first instance. The priority of science has been proved by the judge's suspect and prioritization of Binet and the Emirates, Rahjān and the priority of the judge's knowledge. After verifying the priority of the judge's knowledge, based on the principles of jurisprudence and ethics that underlie their judgments, they can be innovated and redistributed. This study, as a judge and court judge, especially where the legislator has held silence as a conflict, finds that the judge can handle the priority of judge's judgment.

The interpretation of religious texts and the rules governing it have always been and are the important topics of linguistic knowledge, including the principles ofIslamic jurisprudence. Ertekaz in common law is one of the principles governing the interpretation of religious texts that plays an important and influential role in the process of deduction. Ertekaz is the initial perception of people about one thing that has penetrated the depths of their minds and thoughts, therefore; in the system of dialogue, it is considered by the parties. The main questions in this study are whether Ertekaz has a role in deducing legal- jurisprudence law or not, and whether the mujtahid necessarily pays attention to Ertekaz in common law or not. The hypothesis of this research is in view of the fact that the saint legislator speaks to the people as a law maker to guide them and also he considers their perceptions (Ertekazat) and if he does not accept that, he explicitly proclaims to prevent them from being deviated. The great jurists have repeatedly relied on this rule in the interpretation of religious texts, and they have deduced the religious judgment from this point of view. The researchers in this study tried to revive the magnificent capacities of Ertekaz through presenting its comprehensive definition and explaining its aspects. The findings of this study showed that the law of Ertekaz had effects on interpreting the religious texts, providing some law, and preventing long discussions on the principles ofIslamic jurisprudence.

The formation of the Islamic system and the need to provide financial resources in order to implement the goals of the Islamic government created the question of how financial and revenue sources in such a government should be defined; This question has been considered in various ways. One of its new dimensions is the relationship between sovereignty and khums and zakat. The importance of this question is due to the fact that at the moment an individual divine and non-sovereignty view has been formed on them.Because, on the one hand, these funds are cost by the great Imitation references and based on their recognition in some cases, such as the promotion and expansion of the religion of Islam and the extension of the seminary and for the sake of Allah. And, on the other hand, the sovereign's view of these two is faint; if it is not said that Such a situation does not exist. With regard to the above situation, the question is whether a new approach to the two laws of Khums and zakat could be considered, and assume these two as financial resources of Sovereignty and Islamic government and of Islamic taxes. Findings of the research indicate that the requirement of a complete, effective and comprehensive system is the acceptance of the above view; and also various reasons confirm it.

Since, on the one hand there are a lot of powers and resources available to the agents, and on the other hand they are allowed to interfere in a wide range of issues, there is a good opportunity for abuse. Therefore, the importance of controlling them is vital. On the one hand, with the advent of the model of the Islamic Revolution, this issue has become even more important. In this regard, the main question is: Considering the principles of the Promoting Virtue (Maruf) and Preventing Delinquency (Munkar), what is the status of supervision of the performance of the agents by the citizens in the jurisprudence? In the Qur'anic verses, the importance of the Promoting Virtue (Maruf) and Preventing Delinquency (Munkar) has been emphasized, and the manner of governance by the Prophet (pbuh) and Imam Ali quantified that. This article seeks to analyze the general oversight of the agents’ actions through one of the levers of Islam (the Promoting Virtue and Preventing Delinquency) to control power. Therefore, an analytical citation method has been used to achieve applied research

The present research aims to study and analyze the theoretical and practical aspects of narrative research. Currently, there has been a tendency of alternation in the epistemological direction of teacher training college curriculum from technological to reflective models along with the changes in the concepts and meanings concerning teacher training college. In the reflective models, there is such a close relationship between a teacher’s knowledge and practice that curriculum development undergoes teachers’ daily experiences and reflections. This is realized in the mentoring courses of Farhangian University, in which the student teachers are required to describe, analyze and share their daily experiences by conducting narrative research. Following such a research method, teacher researchers investigate others’ and their own narrations of biological experiences by listening, observing, living, writing and interpreting. With reference to the significance of the issue and lack of relevant Persian sources, the researcher intends to investigate the various aspects of narrative research by studying the relevant documents. Accordingly, the purpose is to study the literature, features and key elements of such a research in the first place. This is continued with an analysis of narrative types, procedure, data analysis, validation and ethical issues from the viewpoint of the experts. The article ends with the discussion of the criticism levelled against the research method and its limitations.

In Imamyya jurisprudence, Muharaba (fighting; hostility) refers to the use of weapons for scaring people. In Sunni jurisprudence, some define Muharaba as banditry and the creation of insecurity on roads and some others define it as the creation of insecurity, fear, corruption and murder on earth by weapons, including chemical ones. In Quranic verses on Muharaba as well as in textual arguments by Sunni jurisprudents, there is no statement that makes Muharaba conditional on the use of weapons. There are also references in Islamic Hadiths narrated by Imams that refute the dependence of Muharaba on the use of weapons. Apparently, the main condition for the realization of Muharaba is the presence of force, violence and disturbing the public security. However, there are references to the use of weapons in some arguments, and it is justified as a dominant and obvious instance of Muharaba insofar as it involves violence.

According to the religion, combat means use of the weapon to frighten and violate people, their property and chastity and its result is divestment of public security. Combat punishment has been determined as a determined religious punishment, but in penal laws, it refers to that part of crimes which are not the instances of the combat apparently. On the other hand, the reasons show those corruptions that relate to determined religious punishments and are also applied to some part of the crimes do not include all corruptions instances absolutely but they just include the corruptions imposed by the violation of the life, property, wisdom and religion of people that divert their security. It seems that these kinds of corruptions mean combat.